Code of Virginia - Title 25.1 Eminent Domain - Section 25.1-109 Condemnation of lands for compensatory mitigation of wetlands

§ 25.1-109. Condemnation of lands for compensatory mitigation of wetlands

When authorization is required by federal or state law for any project affecting wetlands and the authorization is conditioned upon compensatory mitigation for adverse impacts to wetlands, no condemnor shall acquire through exercise of the power of eminent domain any property to satisfy such condition unless: (i) the property sought to be acquired is located within the same locality as the project affecting wetlands, or (ii) the governing body of the locality where the property sought to be acquired consents to its acquisition for such purpose. This section shall not apply to property acquired by the Commonwealth Transportation Commissioner pursuant to Title 33.1.

(2005, c. 311.)

Sections:  Previous  25.1-100  25.1-101  25.1-102  25.1-103  25.1-104  25.1-105  25.1-106  25.1-107  25.1-108  25.1-109

Last modified: April 3, 2009