Code of Virginia - Title 33.1 Highways, Bridges And Ferries - Section 33.1-272 Condemnation of projects and property

§ 33.1-272. Condemnation of projects and property

The Board, whenever a reasonable price cannot be agreed upon or whenever the owner is legally incapacitated or is absent or is unable to convey valid title or is unknown, may acquire by condemnation any project or projects contemplated by § 33.1-271 or interest or interests therein and any lands, rights, easements, franchises and other property deemed necessary or convenient for the improvement or the efficient operation of any project acquired or constructed under this article, or for the purpose of constructing any project or portion thereof hereunder, or for securing a right-of-way leading to any such project or its approaches, in the manner hereinafter provided. Such condemnation proceedings shall be conducted and the compensation to be paid shall be ascertained and paid in the manner provided by law with reference to the condemnation of property by the Board for state highway purposes.

Title to any property condemned by the Board shall be taken in the name of the Commonwealth. The Commonwealth shall be under no obligation to accept and pay for any property condemned or any cost incidental to any condemnation proceedings and shall, in no event, pay for the same except from the funds provided by this article; and in any condemnation proceedings, the court having jurisdiction of the suit, action or proceeding may make such orders as may be just to the Commonwealth and to the owners of the property to be condemned and may require an undertaking or other security to secure such owners against any loss or damage to be sustained by reason of the failure of the Commonwealth to accept and pay for the property, but such undertaking or security shall impose no liability upon the Commonwealth, except such as may be paid from the funds provided under the authority of this article; provided, however, that condemnation shall not lie in any case when the Commonwealth, in granting a franchise to any project named herein, has stipulated the terms upon which it may acquire such project.

(Code 1950, § 33-232; 1970, c. 322; 1991, cc. 666, 713; 1993, c. 793.)

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Last modified: April 16, 2009