§ 33.1-69.2. Relocation or removal of utility facilities within secondaryhighway construction projects.
Whenever it is necessary that any tracks, pipes, mains, conduits, cables,wires, towers, or other structures, equipment and appliances (herein calledfacilities) of any utility as herein defined, in, on, under, over or along anexisting highway that is to be included within any construction project onthe secondary highway system should be relocated or removed, the owner oroperator of such facilities shall relocate or remove the same in accordancewith the order of the Board. The cost of such relocation or removal, asherein defined, including the cost of installing such facilities in a newlocation or locations, and the cost of any lands, or any rights or interestin lands, and any other rights, required to accomplish such relocation orremoval, shall be ascertained and paid by the Board as a part of the cost ofsuch project.
For the purposes of this section, "utility" includes utilities owned by acounty, city, town, public authority or nonprofit, consumer-owned company,located in a county having a population of at least 32,000 but no more than34,000, that (i) is exempt from income taxation under § 501 (c) (3) of theInternal Revenue Code, (ii) is organized to provide suitable drinking water,(iii) has no assistance from investors, (iv) does not pay dividends, and (v)does not sell stock to the general public, and "cost of relocation orremoval" includes the entire amount paid by such utility properlyattributable to such relocation or removal after deducting therefrom anyincrease in the value of the new facility and any salvage value derived fromthe old facility.
The cost of relocating or removing utility facilities in connection with anyproject on the secondary highway system is hereby declared to be a cost ofhighway construction.
§ 33.1-69.2. Relocation or removal of utility facilities within secondaryhighway construction projects.
Whenever it is necessary that any tracks, pipes, mains, conduits, cables,wires, towers, or other structures, equipment and appliances (herein calledfacilities) of any utility as herein defined, in, on, under, over or along anexisting highway that is to be included within any construction project onthe secondary highway system should be relocated or removed, the owner oroperator of such facilities shall relocate or remove the same in accordancewith the order of the Board. The cost of such relocation or removal, asherein defined, including the cost of installing such facilities in a newlocation or locations, and the cost of any lands, or any rights or interestin lands, and any other rights, required to accomplish such relocation orremoval, shall be ascertained and paid by the Board as a part of the cost ofsuch project.
For the purposes of this section, "utility" includes utilities owned by acounty, city, town, public authority or nonprofit, consumer-owned company,located in a county having a population of at least 32,000 but no more than34,000, that (i) is exempt from income taxation under § 501 (c) (3) of theInternal Revenue Code, (ii) is organized to provide suitable drinking water,(iii) has no assistance from investors, (iv) does not pay dividends, and (v)does not sell stock to the general public, and "cost of relocation orremoval" includes the entire amount paid by such utility properlyattributable to such relocation or removal after deducting therefrom anyincrease in the value of the new facility and any salvage value derived fromthe old facility.
The cost of relocating or removing utility facilities in connection with anyproject on the secondary highway system is hereby declared to be a cost ofhighway construction.
§ 33.1-69.2. Relocation or removal of utility facilities within secondaryhighway construction projects.
Whenever it is necessary that any tracks, pipes, mains, conduits, cables,wires, towers, or other structures, equipment and appliances (herein calledfacilities) of any utility as herein defined, in, on, under, over or along anexisting highway that is to be included within any construction project onthe secondary highway system should be relocated or removed, the owner oroperator of such facilities shall relocate or remove the same in accordancewith the order of the Board. The cost of such relocation or removal, asherein defined, including the cost of installing such facilities in a newlocation or locations, and the cost of any lands, or any rights or interestin lands, and any other rights, required to accomplish such relocation orremoval, shall be ascertained and paid by the Board as a part of the cost ofsuch project.
For the purposes of this section, "utility" includes utilities owned by acounty, city, town, public authority or nonprofit, consumer-owned company,located in a county having a population of at least 32,000 but no more than34,000, that (i) is exempt from income taxation under § 501 (c) (3) of theInternal Revenue Code, (ii) is organized to provide suitable drinking water,(iii) has no assistance from investors, (iv) does not pay dividends, and (v)does not sell stock to the general public, and "cost of relocation orremoval" includes the entire amount paid by such utility properlyattributable to such relocation or removal after deducting therefrom anyincrease in the value of the new facility and any salvage value derived fromthe old facility.
The cost of relocating or removing utility facilities in connection with anyproject on the secondary highway system is hereby declared to be a cost ofhighway construction.
