§ 33.1-90. Acquisition of real property which may be needed fortransportation projects; sale of certain real property.
A. When the Commonwealth Transportation Commissioner determines that any realproperty will be required in connection with the construction of atransportation project, or project as defined in § 33.1-268, within a periodnot exceeding twelve years for the Interstate Highway System or ten years forany other highway system or transportation project from the time of suchdetermination, and that it would be advantageous to the Commonwealth toacquire such real property, he may proceed to do so. The CommonwealthTransportation Commissioner may lease any real property so acquired to theowner from whom such real property is acquired, if requested by him, and ifnot so requested, to another person upon such terms and conditions as in thejudgment of the Commissioner may be in the public interest. If thetransportation project contemplated, or project as defined in § 33.1-268, hasnot been let to contract or construction commenced within a period of twentyyears from the date of the acquisition of such property and a need for theuse of such property has not been determined for any alternativetransportation project, upon written demand of the owner or owners, theirheirs or assigns, received within ninety days from the expiration of suchtwenty-year period or such extension as provided for in this section orwithin thirty days from publication in a newspaper of general circulation inthe political subdivision in which the property is located of a notice of theCommissioner's intent to dispose of such property and shall notify to theextent practical, the last known owner(s) of said property by certified mail,such property shall be reconveyed by the Commonwealth of Virginia to suchowner or owners, their heirs or assigns, upon repayment of the originalpurchase price, without interest. Unless the reconveyance is concluded nolater than six months from the receipt by the Commissioner of a writtendemand, the reconveyance opportunity shall lapse. However, the twenty-yearlimit established by this section within which the Department must let tocontract or begin construction in order to avoid reconveyance shall beextended by the number of days of delay occasioned by litigation involvingthe project or by the failure of the Commonwealth to receive anticipatedfederal funds for such project. The twenty-year limit may also be extended inthose instances when a project is included in the six-year improvementprogram of the Commonwealth Transportation Board or the six-year improvementprogram for secondary roads prepared by the county boards of supervisors andwhere steps have been taken to move forward. No such reconveyance shall berequired for rights-of-way acquired for future transportation improvements atthe request of local governing bodies; or for rights-of-way acquired forstate construction designed to provide future additional lanes or otherenhancements to existing transportation facilities.
B. If any real property acquired under this article for use in connectionwith a transportation project is subsequently offered for sale by theDepartment and such property is suitable for independent development, theDepartment shall offer the property for sale at fair market value to theowner from whom it was acquired, before such property is offered for sale toany other person. The Commissioner shall notify, to the extent practicable,the last known owner of such property by certified mail, and the owner shallhave thirty days from the date of such notice to advise the Commissioner ofhis interest in purchasing the property. The purchase of the property by theowner from which it was acquired is to be concluded no later than six monthsfrom the receipt by the Commissioner of a written notice, or the purchaseopportunity shall lapse. The provisions of this subsection shall apply onlyto property to which the provisions of subsection A of this section do notapply.
C. Subsection B of this section shall not apply to Department projectscarried out in cooperation with the United States Army Corps of Engineers aspart of a nonstructural flood control project. No property acquired by theCommonwealth under this article in connection with such a project shallsubsequently be offered for sale by the Commonwealth, but, if such propertyis no longer needed by the Commonwealth for such project, shall be conveyedto the locality in which such project is located and used in connection withthe redevelopment. Should property not be used for economic development,property will revert to the Commonwealth and shall be used for any purposesdeemed appropriate including resale.
(Code 1950, § 33-57.1; 1958, c. 345; 1964, c. 261; 1970, cc. 110, 322; 1972,c. 396; 1973, c. 430; 1983, c. 146; 1988, c. 80; 1992, c. 108; 1997, c. 93;1998, c. 426; 2000, c. 998.)
§ 33.1-90. Acquisition of real property which may be needed fortransportation projects; sale of certain real property.
A. When the Commonwealth Transportation Commissioner determines that any realproperty will be required in connection with the construction of atransportation project, or project as defined in § 33.1-268, within a periodnot exceeding twelve years for the Interstate Highway System or ten years forany other highway system or transportation project from the time of suchdetermination, and that it would be advantageous to the Commonwealth toacquire such real property, he may proceed to do so. The CommonwealthTransportation Commissioner may lease any real property so acquired to theowner from whom such real property is acquired, if requested by him, and ifnot so requested, to another person upon such terms and conditions as in thejudgment of the Commissioner may be in the public interest. If thetransportation project contemplated, or project as defined in § 33.1-268, hasnot been let to contract or construction commenced within a period of twentyyears from the date of the acquisition of such property and a need for theuse of such property has not been determined for any alternativetransportation project, upon written demand of the owner or owners, theirheirs or assigns, received within ninety days from the expiration of suchtwenty-year period or such extension as provided for in this section orwithin thirty days from publication in a newspaper of general circulation inthe political subdivision in which the property is located of a notice of theCommissioner's intent to dispose of such property and shall notify to theextent practical, the last known owner(s) of said property by certified mail,such property shall be reconveyed by the Commonwealth of Virginia to suchowner or owners, their heirs or assigns, upon repayment of the originalpurchase price, without interest. Unless the reconveyance is concluded nolater than six months from the receipt by the Commissioner of a writtendemand, the reconveyance opportunity shall lapse. However, the twenty-yearlimit established by this section within which the Department must let tocontract or begin construction in order to avoid reconveyance shall beextended by the number of days of delay occasioned by litigation involvingthe project or by the failure of the Commonwealth to receive anticipatedfederal funds for such project. The twenty-year limit may also be extended inthose instances when a project is included in the six-year improvementprogram of the Commonwealth Transportation Board or the six-year improvementprogram for secondary roads prepared by the county boards of supervisors andwhere steps have been taken to move forward. No such reconveyance shall berequired for rights-of-way acquired for future transportation improvements atthe request of local governing bodies; or for rights-of-way acquired forstate construction designed to provide future additional lanes or otherenhancements to existing transportation facilities.
B. If any real property acquired under this article for use in connectionwith a transportation project is subsequently offered for sale by theDepartment and such property is suitable for independent development, theDepartment shall offer the property for sale at fair market value to theowner from whom it was acquired, before such property is offered for sale toany other person. The Commissioner shall notify, to the extent practicable,the last known owner of such property by certified mail, and the owner shallhave thirty days from the date of such notice to advise the Commissioner ofhis interest in purchasing the property. The purchase of the property by theowner from which it was acquired is to be concluded no later than six monthsfrom the receipt by the Commissioner of a written notice, or the purchaseopportunity shall lapse. The provisions of this subsection shall apply onlyto property to which the provisions of subsection A of this section do notapply.
C. Subsection B of this section shall not apply to Department projectscarried out in cooperation with the United States Army Corps of Engineers aspart of a nonstructural flood control project. No property acquired by theCommonwealth under this article in connection with such a project shallsubsequently be offered for sale by the Commonwealth, but, if such propertyis no longer needed by the Commonwealth for such project, shall be conveyedto the locality in which such project is located and used in connection withthe redevelopment. Should property not be used for economic development,property will revert to the Commonwealth and shall be used for any purposesdeemed appropriate including resale.
(Code 1950, § 33-57.1; 1958, c. 345; 1964, c. 261; 1970, cc. 110, 322; 1972,c. 396; 1973, c. 430; 1983, c. 146; 1988, c. 80; 1992, c. 108; 1997, c. 93;1998, c. 426; 2000, c. 998.)
§ 33.1-90. Acquisition of real property which may be needed fortransportation projects; sale of certain real property.
A. When the Commonwealth Transportation Commissioner determines that any realproperty will be required in connection with the construction of atransportation project, or project as defined in § 33.1-268, within a periodnot exceeding twelve years for the Interstate Highway System or ten years forany other highway system or transportation project from the time of suchdetermination, and that it would be advantageous to the Commonwealth toacquire such real property, he may proceed to do so. The CommonwealthTransportation Commissioner may lease any real property so acquired to theowner from whom such real property is acquired, if requested by him, and ifnot so requested, to another person upon such terms and conditions as in thejudgment of the Commissioner may be in the public interest. If thetransportation project contemplated, or project as defined in § 33.1-268, hasnot been let to contract or construction commenced within a period of twentyyears from the date of the acquisition of such property and a need for theuse of such property has not been determined for any alternativetransportation project, upon written demand of the owner or owners, theirheirs or assigns, received within ninety days from the expiration of suchtwenty-year period or such extension as provided for in this section orwithin thirty days from publication in a newspaper of general circulation inthe political subdivision in which the property is located of a notice of theCommissioner's intent to dispose of such property and shall notify to theextent practical, the last known owner(s) of said property by certified mail,such property shall be reconveyed by the Commonwealth of Virginia to suchowner or owners, their heirs or assigns, upon repayment of the originalpurchase price, without interest. Unless the reconveyance is concluded nolater than six months from the receipt by the Commissioner of a writtendemand, the reconveyance opportunity shall lapse. However, the twenty-yearlimit established by this section within which the Department must let tocontract or begin construction in order to avoid reconveyance shall beextended by the number of days of delay occasioned by litigation involvingthe project or by the failure of the Commonwealth to receive anticipatedfederal funds for such project. The twenty-year limit may also be extended inthose instances when a project is included in the six-year improvementprogram of the Commonwealth Transportation Board or the six-year improvementprogram for secondary roads prepared by the county boards of supervisors andwhere steps have been taken to move forward. No such reconveyance shall berequired for rights-of-way acquired for future transportation improvements atthe request of local governing bodies; or for rights-of-way acquired forstate construction designed to provide future additional lanes or otherenhancements to existing transportation facilities.
B. If any real property acquired under this article for use in connectionwith a transportation project is subsequently offered for sale by theDepartment and such property is suitable for independent development, theDepartment shall offer the property for sale at fair market value to theowner from whom it was acquired, before such property is offered for sale toany other person. The Commissioner shall notify, to the extent practicable,the last known owner of such property by certified mail, and the owner shallhave thirty days from the date of such notice to advise the Commissioner ofhis interest in purchasing the property. The purchase of the property by theowner from which it was acquired is to be concluded no later than six monthsfrom the receipt by the Commissioner of a written notice, or the purchaseopportunity shall lapse. The provisions of this subsection shall apply onlyto property to which the provisions of subsection A of this section do notapply.
C. Subsection B of this section shall not apply to Department projectscarried out in cooperation with the United States Army Corps of Engineers aspart of a nonstructural flood control project. No property acquired by theCommonwealth under this article in connection with such a project shallsubsequently be offered for sale by the Commonwealth, but, if such propertyis no longer needed by the Commonwealth for such project, shall be conveyedto the locality in which such project is located and used in connection withthe redevelopment. Should property not be used for economic development,property will revert to the Commonwealth and shall be used for any purposesdeemed appropriate including resale.
(Code 1950, § 33-57.1; 1958, c. 345; 1964, c. 261; 1970, cc. 110, 322; 1972,c. 396; 1973, c. 430; 1983, c. 146; 1988, c. 80; 1992, c. 108; 1997, c. 93;1998, c. 426; 2000, c. 998.)
