§ 33.1-229. Continuance of powers of county authorities; alternative procedure
The local road authorities shall continue to have the powers vested in them on June 20, 1932, for the establishment of new roads in their respective counties, which shall, upon such establishment, become parts of the secondary system of state highways within such counties. They shall likewise have the power to alter or change the location of any road now in the secondary system of state highways within such counties or which may hereafter become a part of the secondary system of state highways within such counties. The Commonwealth Transportation Commissioner shall be made a party to any proceeding before the local road authorities for the establishment of any such road or for the alteration or change of the location of any such road. When any such board or commission appointed by the board of supervisors or other governing body of a county to view a proposed road or to alter or change the location of an existing road shall award damages for the right-of-way for the same, in either case to be paid in money, it may be paid by the board of supervisors or other governing body of the county out of the general county levy funds. No expenditure by the Commonwealth shall be required upon any new road so established or any old road the location of which is altered or changed by the local road authorities, except as may be approved by the Commissioner. If the property sought to be taken is for the easement or right-of-way, the plat shall reasonably indicate thereon any appurtenant right-of-way or easement for ingress and egress to and from the principal easement or right-of-way being taken.
As an alternative to the method of establishing or relocating a road provided in the preceding paragraph, the Commissioner, by and with the approval of the Commonwealth Transportation Board and the board of supervisors or other governing body of a county shall have power and authority to make such changes in routes in, and additions to, the secondary system of state highways from time to time as the public safety or convenience may require.
The service of any process or notice in any such proceedings upon the district engineer of the Department of Transportation having the supervision of maintenance and construction of highways in any such county shall be termed sufficient service on the Commissioner.
(Code 1950, § 33-141; 1950, p. 726; 1970, c. 322; 1980, c. 441; 1984, c. 198.)
Sections: Previous 33.1-225.1 33.1-225.2 33.1-225.3 33.1-226 33.1-227 33.1-228 33.1-228.1 33.1-229 33.1-230 33.1-231 33.1-232 33.1-233 33.1-234 33.1-235 33.1-236 NextLast modified: April 3, 2009