SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1997 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 33.1-90 of the Code of Virginia is amended and reenacted as follows:
§ 33.1-90. Acquisition of real property which may be needed for transportation projects.
When the Commonwealth Transportation Commissioner determines that any real
property will be required in connection with the construction of a
highway transportation project, or project as defined in
§ 33.1-268, within a period not exceeding twelve years for the Interstate
Highway System or ten years for any other highway system or transportation
project from the time of such determination, and that it would be
advantageous to the Commonwealth to acquire such real property, he may proceed
to do so. The Commonwealth Transportation Commissioner may lease any real
property so acquired to the owner from whom such real property is acquired, if
requested by him, and if not so requested, to another person upon
such terms and conditions as in the judgment of the Commissioner may be in the
public interest. In the event that If the
highway transportation project contemplated,
or project as defined in § 33.1-268, contemplated has not been
let to contract or construction commenced within a period of twenty years from
the date of the acquisition of such property and a need for the use of
such property has not been determined for any alternative transportation
project, upon written demand of the owner or owners, their heirs or
assigns, received within ninety days from the expiration of such
twenty-year period or such extension as provided for in this section or within
thirty days from publication in a newspaper of general circulation in the
political subdivision in which the property is located of a notice of the
Commissioner's intent to dispose of such property and shall notify to the
extent practical, the last known owner(s) of said property by certified mail,
such property shall be reconveyed by the Commonwealth of Virginia to such
owner or owners, their heirs or assigns, upon repayment of the original
purchase price, without interest. Any such contract shall provide for
completion within three years. Unless the reconveyance is concluded
no later than six months from the receipt by the Commissioner of a written
demand, the reconveyance opportunity shall lapse. However, the
twenty-year limit established by this section within which the Department must
let to contract or begin construction in order to avoid reconveyance shall be
extended by the number of days of delay occasioned by litigation involving the
project or by the failure of the Commonwealth to receive anticipated federal
funds for such project. The twenty-year limit may also be extended in those
instances when a project is included in the six-year improvement program of the
Commonwealth Transportation Board or the six-year improvement program for
secondary roads prepared by the county boards of supervisors and where steps
have been taken to move forward. Nor shall such reconveyance be required for
rights-of-way acquired for future street and highway
transportation improvements at the request of local governing bodies; or
for rights-of-way acquired for state construction designed to provide future
additional lanes, or other enhancements to existing
transportation facilities service roads or interchanges.