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1998 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; sale of certain real property.
A. When the Commonwealth Transportation Commissioner determines that
any real property will be required in connection with the construction of a
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. If the
transportation project contemplated, or project as defined in § 33.1-268,
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. 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 No such reconveyance shall be
required for rights-of-way acquired for future 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.
B. If any real property acquired under this article for use in connection with a transportation project is subsequently offered for sale by the Department and such property is suitable for independent development, the Department shall offer the property for sale at fair market value to the owner from whom it was acquired, before such property is offered for sale to any other person. The Commissioner shall notify, to the extent practicable, the last known owner of such property by certified mail, and the owner shall have thirty days from the date of such notice to advise the Commissioner of his interest in purchasing the property. The purchase of the property by the owner from which it was acquired is to be concluded no later than six months from the receipt by the Commissioner of a written notice, or the purchase opportunity shall lapse. The provisions of this subsection shall apply only to property to which the provisions of subsection A of this section do not apply.