The Board is hereby authorized and empowered to acquire by purchase, wheneverit shall deem such purchase expedient, solely from funds provided under theauthority of this article, such lands, structures, property, rights,rights-of-way, franchises, easements and other interests in lands, includinglands lying under water and riparian rights, which are located within theCommonwealth, as it may deem necessary or convenient for the construction andoperation of any project, upon such terms and at such prices as may beconsidered by it to be reasonable and can be agreed upon between it and theowner thereof, and to take title thereto in the name of the Commonwealth.
Whenever a reasonable price cannot be agreed upon, or whenever the owner islegally incapacitated or is absent, unknown or unable to convey valid title,the Board is hereby authorized and empowered to acquire by condemnation or bythe exercise of the power of eminent domain any lands, property, rights,rights-of-way, franchises, easements and other property, including publiclands, parks, playgrounds, reservations, highways or parkways, or partsthereof or rights therein, of any person, copartnership, association,railroad, public service, public utility or other corporation, ormunicipality or political subdivision deemed necessary or convenient for theconstruction or the efficient operation of any project or necessary in therestoration of public or private property damaged or destroyed. Suchproceedings shall be in accordance with and subject to the provisions of anyand all laws applicable to condemnation of property in the name of theCommonwealth Transportation Commissioner under the laws of the Commonwealthof Virginia. Title to any property acquired by the Board shall be taken inthe name of the Commonwealth. In any condemnation proceedings the courthaving jurisdiction of the suit, action or proceeding may make such orders asmay be just to the Board and to the owners of the property to be condemnedand may require an undertaking or other security to secure such ownersagainst any loss or damage by reason of the failure of the Board to acceptand pay for the property, but neither such undertaking or security nor anyact or obligation of the Board shall impose any liability upon theCommonwealth except as may be paid from the funds provided under theauthority of this article.
If the owner, lessee or occupier of any property to be condemned shall refuseto remove his personal property therefrom or give up possession thereof, theBoard may proceed to obtain possession in any manner now or hereafterprovided by law.
With respect to any railroad property or right-of-way upon which railroadtracks are located, any powers of condemnation or of eminent domain may beexercised to acquire only an easement interest therein which shall be locatedeither sufficiently far above or sufficiently far below the grade of anyrailroad track or tracks upon such railroad property so that neither theproposed project nor any part thereof, including any bridges, abutments,columns, supporting structures and appurtenances, nor any traffic upon itshall interfere in any manner with the use, operation or maintenance of thetrains, tracks, works or appurtenances or other property of the railroad norendanger the movement of the trains or traffic upon the tracks of therailroad. Prior to the institution of condemnation proceedings for sucheasement over or under railroad property or right-of-way, plans andspecifications of the proposed project showing compliance with theabove-mentioned above or below grade requirements and showing sufficient andsafe plans and specifications of such overhead or undergrade structure andappurtenances shall be submitted to the railroad for examination andapproval. If the railroad fails or refuses within thirty days to approve theplans and specifications so submitted, the matter shall be submitted to theCorporation Commission, as to the sufficiency and safety of such plans andspecifications and as to such elevations or distances above or below thetracks. Said overhead or undergrade structure and appurtenances shall beconstructed only in accordance with such plans and specifications and inaccordance with such elevations or distances above or below the tracks soapproved by the railroad or the Corporation Commission as the case may be. Acopy of the plans and specifications approved by the railroad or theCorporation Commission shall be filed as an exhibit with the petition forcondemnation. The cost of any such overhead or undergrade projects andappurtenances and any expense and cost incurred in changing, adjusting,relocating or removing the lines and grades of such railroad in connectionwith any such projects shall be paid by the Board as a part of the cost ofsuch turnpike project.
(Code 1950, § 33-255.5; 1952, c. 223; 1970, c. 322.)
The Board is hereby authorized and empowered to acquire by purchase, wheneverit shall deem such purchase expedient, solely from funds provided under theauthority of this article, such lands, structures, property, rights,rights-of-way, franchises, easements and other interests in lands, includinglands lying under water and riparian rights, which are located within theCommonwealth, as it may deem necessary or convenient for the construction andoperation of any project, upon such terms and at such prices as may beconsidered by it to be reasonable and can be agreed upon between it and theowner thereof, and to take title thereto in the name of the Commonwealth.
Whenever a reasonable price cannot be agreed upon, or whenever the owner islegally incapacitated or is absent, unknown or unable to convey valid title,the Board is hereby authorized and empowered to acquire by condemnation or bythe exercise of the power of eminent domain any lands, property, rights,rights-of-way, franchises, easements and other property, including publiclands, parks, playgrounds, reservations, highways or parkways, or partsthereof or rights therein, of any person, copartnership, association,railroad, public service, public utility or other corporation, ormunicipality or political subdivision deemed necessary or convenient for theconstruction or the efficient operation of any project or necessary in therestoration of public or private property damaged or destroyed. Suchproceedings shall be in accordance with and subject to the provisions of anyand all laws applicable to condemnation of property in the name of theCommonwealth Transportation Commissioner under the laws of the Commonwealthof Virginia. Title to any property acquired by the Board shall be taken inthe name of the Commonwealth. In any condemnation proceedings the courthaving jurisdiction of the suit, action or proceeding may make such orders asmay be just to the Board and to the owners of the property to be condemnedand may require an undertaking or other security to secure such ownersagainst any loss or damage by reason of the failure of the Board to acceptand pay for the property, but neither such undertaking or security nor anyact or obligation of the Board shall impose any liability upon theCommonwealth except as may be paid from the funds provided under theauthority of this article.
If the owner, lessee or occupier of any property to be condemned shall refuseto remove his personal property therefrom or give up possession thereof, theBoard may proceed to obtain possession in any manner now or hereafterprovided by law.
With respect to any railroad property or right-of-way upon which railroadtracks are located, any powers of condemnation or of eminent domain may beexercised to acquire only an easement interest therein which shall be locatedeither sufficiently far above or sufficiently far below the grade of anyrailroad track or tracks upon such railroad property so that neither theproposed project nor any part thereof, including any bridges, abutments,columns, supporting structures and appurtenances, nor any traffic upon itshall interfere in any manner with the use, operation or maintenance of thetrains, tracks, works or appurtenances or other property of the railroad norendanger the movement of the trains or traffic upon the tracks of therailroad. Prior to the institution of condemnation proceedings for sucheasement over or under railroad property or right-of-way, plans andspecifications of the proposed project showing compliance with theabove-mentioned above or below grade requirements and showing sufficient andsafe plans and specifications of such overhead or undergrade structure andappurtenances shall be submitted to the railroad for examination andapproval. If the railroad fails or refuses within thirty days to approve theplans and specifications so submitted, the matter shall be submitted to theCorporation Commission, as to the sufficiency and safety of such plans andspecifications and as to such elevations or distances above or below thetracks. Said overhead or undergrade structure and appurtenances shall beconstructed only in accordance with such plans and specifications and inaccordance with such elevations or distances above or below the tracks soapproved by the railroad or the Corporation Commission as the case may be. Acopy of the plans and specifications approved by the railroad or theCorporation Commission shall be filed as an exhibit with the petition forcondemnation. The cost of any such overhead or undergrade projects andappurtenances and any expense and cost incurred in changing, adjusting,relocating or removing the lines and grades of such railroad in connectionwith any such projects shall be paid by the Board as a part of the cost ofsuch turnpike project.
(Code 1950, § 33-255.5; 1952, c. 223; 1970, c. 322.)
The Board is hereby authorized and empowered to acquire by purchase, wheneverit shall deem such purchase expedient, solely from funds provided under theauthority of this article, such lands, structures, property, rights,rights-of-way, franchises, easements and other interests in lands, includinglands lying under water and riparian rights, which are located within theCommonwealth, as it may deem necessary or convenient for the construction andoperation of any project, upon such terms and at such prices as may beconsidered by it to be reasonable and can be agreed upon between it and theowner thereof, and to take title thereto in the name of the Commonwealth.
Whenever a reasonable price cannot be agreed upon, or whenever the owner islegally incapacitated or is absent, unknown or unable to convey valid title,the Board is hereby authorized and empowered to acquire by condemnation or bythe exercise of the power of eminent domain any lands, property, rights,rights-of-way, franchises, easements and other property, including publiclands, parks, playgrounds, reservations, highways or parkways, or partsthereof or rights therein, of any person, copartnership, association,railroad, public service, public utility or other corporation, ormunicipality or political subdivision deemed necessary or convenient for theconstruction or the efficient operation of any project or necessary in therestoration of public or private property damaged or destroyed. Suchproceedings shall be in accordance with and subject to the provisions of anyand all laws applicable to condemnation of property in the name of theCommonwealth Transportation Commissioner under the laws of the Commonwealthof Virginia. Title to any property acquired by the Board shall be taken inthe name of the Commonwealth. In any condemnation proceedings the courthaving jurisdiction of the suit, action or proceeding may make such orders asmay be just to the Board and to the owners of the property to be condemnedand may require an undertaking or other security to secure such ownersagainst any loss or damage by reason of the failure of the Board to acceptand pay for the property, but neither such undertaking or security nor anyact or obligation of the Board shall impose any liability upon theCommonwealth except as may be paid from the funds provided under theauthority of this article.
If the owner, lessee or occupier of any property to be condemned shall refuseto remove his personal property therefrom or give up possession thereof, theBoard may proceed to obtain possession in any manner now or hereafterprovided by law.
With respect to any railroad property or right-of-way upon which railroadtracks are located, any powers of condemnation or of eminent domain may beexercised to acquire only an easement interest therein which shall be locatedeither sufficiently far above or sufficiently far below the grade of anyrailroad track or tracks upon such railroad property so that neither theproposed project nor any part thereof, including any bridges, abutments,columns, supporting structures and appurtenances, nor any traffic upon itshall interfere in any manner with the use, operation or maintenance of thetrains, tracks, works or appurtenances or other property of the railroad norendanger the movement of the trains or traffic upon the tracks of therailroad. Prior to the institution of condemnation proceedings for sucheasement over or under railroad property or right-of-way, plans andspecifications of the proposed project showing compliance with theabove-mentioned above or below grade requirements and showing sufficient andsafe plans and specifications of such overhead or undergrade structure andappurtenances shall be submitted to the railroad for examination andapproval. If the railroad fails or refuses within thirty days to approve theplans and specifications so submitted, the matter shall be submitted to theCorporation Commission, as to the sufficiency and safety of such plans andspecifications and as to such elevations or distances above or below thetracks. Said overhead or undergrade structure and appurtenances shall beconstructed only in accordance with such plans and specifications and inaccordance with such elevations or distances above or below the tracks soapproved by the railroad or the Corporation Commission as the case may be. Acopy of the plans and specifications approved by the railroad or theCorporation Commission shall be filed as an exhibit with the petition forcondemnation. The cost of any such overhead or undergrade projects andappurtenances and any expense and cost incurred in changing, adjusting,relocating or removing the lines and grades of such railroad in connectionwith any such projects shall be paid by the Board as a part of the cost ofsuch turnpike project.
(Code 1950, § 33-255.5; 1952, c. 223; 1970, c. 322.)
