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.

1999 SESSION

• history | hilite | pdf | print version

992519362
HOUSE BILL NO. 2031 Offered January 19, 1999 A BILL to amend the Code of Virginia by adding a section numbered 33.1-18.1, relating to notification and remuneration required when certain property is acquired by the Department of Transportation. ---------- Patrons-- Moran and Van Landingham; Senator: Ticer ---------- Referred to Committee on Transportation ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 33.1-18.1 as follows:

§ 33.1-18.1. Purchase of certain real property by Department.

A. The Commonwealth Transportation Board shall not purchase any real property until the Department of Transportation has (i) published, in a newspaper published or having general circulation in the county, city, or town in which the real property is located, a notice of its willingness to hold a public hearing on the matter, (ii) notified the governing body of the county, city, or town in which the real property is located of its willingness to hold a public hearing on the matter, and (iii) held a public hearing, if one has been requested. If a public hearing is requested, written notice of the time and place of the hearing shall be given, not less than thirty days prior to the hearing, to the governing body of the county, city, or town in which the real property is located. Not less than thirty days prior to the hearing, a notice of the time and place of the hearing shall also be published by the Department of Transportation at least once in a newspaper published or having a general circulation in the county, city, or town in which the real property is located. During the public hearing, the Board shall also receive testimony from the public on any remuneration that should be awarded to the county, city, or town by the Board to compensate for the loss of real property taxes and economic development potential as a result of the Board’s action. Following the public hearing, if one is held as provided in this section, the Department of Transportation shall notify the local governing body of the affected county, city, or town, of the Commonwealth Transportation Board’s decision regarding the purchase of the real property and its plans, if any, for remunerating the county, city, or town.

B. The provisions of this section shall not apply to any real property acquired (i) solely for the purpose of locating and establishing routes, pursuant to subdivision (1) of § 33.1-12 of this Code, provided the Board has followed the procedures set out in § 33.1-18 for such an acquisition or (ii) through the exercise of the power of eminent domain under Article 7 (§ 33.1-89 et seq.) of this chapter.