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1998 SESSION

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CHAPTER 219 An Act to amend and reenact § 33.1-56 of the Code of Virginia, relating to relocation or removal of utility facilities within certain highway projects. [S 514] Approved April 2, 1998

Be it enacted by the General Assembly of Virginia:

1. That § 33.1-56 of the Code of Virginia is amended and reenacted as follows:

§ 33.1-56. Relocation or removal of utility facilities within projects on Interstate System or state arterial network; additional provisions.

Whenever the Board determines that it is necessary to relocate or remove any pipes, mains, storm sewers, water lines, sanitary sewers, natural gas facilities, or other structures, equipment, and appliances (herein called "facilities") of any utility owned by a county or a political subdivision of the Commonwealth or county, or storm sewers, water lines, natural gas facilities, or sanitary sewers owned by a city and extending into any county, in, on, under, over, or along existing highways which are to be included within any project on the interstate system or primary system within any county, the county or political subdivision of the Commonwealth or county, or city, as the case may be, shall relocate or remove the same in accordance with the order of the Board. The cost of such relocation or removal, as herein defined, including the cost of installing such facilities in a new location or locations, and the cost of any lands, or any rights or interest in lands, and any other rights, required to accomplish such relocation or removal, shall be ascertained and paid by the Board as a part of the cost of such project.

For the purposes of this section, the term "cost of relocation or removal" shall include the entire amount paid for the relocation or removal of such utility facilities properly attributable to such relocation or removal after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility.

The cost of relocating or removing such utility facilities in connection with any project on the interstate system or primary system within counties is hereby declared to be a cost of highway construction.