§ 33.1-301. Incidental powers
The Board shall have power to construct grade separations at intersections of any turnpike project with public highways and to change and adjust the lines and grades of such highways so as to accommodate the same to the design of such grade separation. The cost of such grade separations and any damage incurred in changing and adjusting the lines and grades of such highways shall be ascertained and paid by the Board as a part of the cost of such turnpike project.
If the Board shall find it necessary to change the location of any portion of any public highway, it shall cause the same to be reconstructed at such location as the Board shall deem most favorable and of substantially the same type and in as good condition as the original highway. The cost of such reconstruction and any damage incurred in changing the location of any such highway shall be ascertained and paid by the Board as a part of the cost of such turnpike project.
Any public highway affected by the construction of any turnpike project may be vacated or relocated by the Board in the manner now provided by law for the vacation or relocation of public roads, and any damages awarded on account thereof shall be paid by the Board as a part of the cost of such project.
In addition to the foregoing powers, the Board and its authorized agents and employees may enter upon any lands, waters and premises in the Commonwealth for the purpose of making surveys, soundings, drillings and examinations as they may deem necessary or convenient for the purposes of this article, and such entry shall not be deemed a trespass, nor shall an entry for such purposes be deemed an entry under any condemnation proceedings which may be then pending. The Board shall make reimbursement for any actual damage resulting to such lands, waters and premises as a result of such activities.
The Board shall also have power to make reasonable regulations for the installation, construction, maintenance, repair, renewal, relocation and removal of tracks, pipes, mains, conduits, cables, wires, towers, poles and other equipment and appliances (herein called "public utility facilities") of any public utility in, on, along, over or under any turnpike project. Whenever the Board shall determine that it is necessary that any such public utility facilities which now are, or hereafter may be, located in, on, along, over or under any turnpike project should be relocated in such turnpike project, or should be removed from such turnpike project, the public utility owning or operating such facilities shall relocate or remove the same in accordance with the order of the Board; provided, however, that the cost and expenses of such relocation or removal, including the cost of installing such facilities in a new location or new locations, and the cost of any lands, or any rights or interest in lands, and any other rights, acquired to accomplish such relocation or removal, shall be ascertained and paid by the Board as a part of the cost of such turnpike project. In case of any such relocation or removal of facilities, the public utility owning or operating the same, its successors or assigns, may maintain and operate such facilities, with the necessary appurtenances, in the new location or new locations, for as long a period, and upon the same terms and conditions, as it had the right to maintain and operate such facilities in their former location or locations.
The Commonwealth hereby consents to the use of all lands owned by it, including lands lying under water, which are deemed by the Board to be necessary for the construction or operation of any turnpike project.
(Code 1950, § 33-255.6; 1952, c. 223; 1970, c. 322.)
Sections: Previous 33.1-294 33.1-295 33.1-296 33.1-297 33.1-298 33.1-299 33.1-300 33.1-301 33.1-302 33.1-303 33.1-304 33.1-305 33.1-306 33.1-307 33.1-308 NextLast modified: April 3, 2009