15.2-7015 - Acquisition of property.
§ 15.2-7015. Acquisition of property.
A. The Authority may acquire, solely from funds provided under the provisionsof this chapter, such lands, structures, property, rights, rights-of-way,franchises, easements, and other interests in lands, including lands lyingunder water and riparian rights, as it may deem necessary or convenient forthe construction and operation of Authority facilities, upon such terms andat such prices as may be considered by it to be reasonable and can be agreedupon between it and the owner thereof.
B. The City of Richmond, the Counties of Henrico and Chesterfield, theCommonwealth Transportation Board, and, with the approval of the Governor,public agencies and commissions of the Commonwealth, notwithstanding anycontrary provision of law, may lease, lend, grant, or convey to the Authorityat its request upon such terms and conditions as the governing bodies of theCity of Richmond, the Counties of Henrico and Chesterfield, the CommonwealthTransportation Board, or the proper authorities of such agencies orcommissions of the Commonwealth may deem reasonable and fair and without thenecessity of any advertisement, order of court, or other action or formality,other than the regular and formal action of the governing bodies orauthorities concerned, any real property that may be necessary or convenientfor the effectuation of the authorized purposes of the Authority, includingpublic highways and any other real property already devoted to public use.
C. The City of Richmond and the Counties of Henrico and Chesterfield may,subject to the provisions of § 25.1-102, acquire by the exercise of the powerof eminent domain granted to or conferred upon them, and in accordance withthe procedure prescribed therefor, any real property that may be necessary orconvenient for the effectuation of the authorized purposes of the Authorityand to lease, lend, grant, or convey such property to the Authority upon suchterms and conditions as the governing bodies of the City of Richmond orCounties of Henrico and Chesterfield may deem reasonable and fair; theacquisition of such real property by the exercise of the power of eminentdomain and the disposition of same to the Authority as herein provided shallbe and is hereby declared to be for a public use of such property.
D. In any eminent domain proceedings by the Authority, the City of Richmond,or the County of Henrico or Chesterfield under this chapter, the court havingjurisdiction of the suit, action, or proceeding may make such orders as maybe just to the Authority, the City of Richmond, or the County of Henrico orChesterfield, as the case may be, and to the owners of the property to becondemned, and may require an undertaking or other security to secure suchowners against any loss or damage by reason of the failure of the Authority,the City of Richmond, or the County of Henrico or Chesterfield to accept andpay for the property, or by reason of the taking of property occupied by suchowners, but neither such undertaking or security nor any act or obligation ofthe Authority, the City of Richmond, or the County of Henrico or Chesterfieldshall impose any liability upon the Commonwealth.
E. If the owner, lessee, or occupier of any property to be condemned orotherwise acquired pursuant to this chapter shall refuse to remove hisproperty therefrom or give up possession thereof, the Authority, the City ofRichmond, or the County of Henrico or Chesterfield, as the case may be, mayproceed to obtain possession in any manner provided by law.
F. When the Authority, the City of Richmond, or the County of Henrico orChesterfield proposes to construct a highway across the tracks of anyrailroad, the exercise of the general power of eminent domain over theproperty of a railroad granted by § 15.2-7002 shall be limited with respectto the property, right-of-way, facilities, works, or appurtenances upon whichthe tracks at such proposed crossing are located, to the acquisition only ofan easement therein, which crossing shall be constructed either sufficientlyabove or below the grade of any such railroad track or tracks so that neitherthe crossing then under construction nor any part thereof, including anybridge abutments, columns, supporting structures, and appurtenances, nor anytraffic upon it shall interfere in any manner with the use, operation, ormaintenance of the trains, tracks, works, or appurtenances of the railroadnor interfere with or endanger the movement of the trains or traffic upon thetracks of the railroad. Prior to the exercise of the power of eminent domainfor such an easement, plans and specifications of that portion of the projectto be constructed across the railroad tracks showing compliance with suchrequirements and showing sufficient and safe plans and specifications forsuch overhead or underground structure and appurtenances shall be submittedto the railroad for examination and approval. If the railroad fails orrefuses within 30 days to approve the plans and specifications so submitted,the matter shall be submitted by the Authority, the City of Richmond, or theCounty of Henrico or Chesterfield, as the case may be, to the StateCorporation Commission, whose decision, arrived at after due consideration inaccordance with its usual procedure, shall be final as to the sufficiency andsafety of such plans and specifications and as to such elevations ordistances above or below such tracks. The overhead or underground structuresand appurtenances shall be constructed in accordance with such plans andspecifications and in accordance with such elevations or distances above orbelow such tracks so approved by the railroad or the State CorporationCommission, as the case may be. A copy of the plans and specificationsapproved by the railroad or the State Corporation Commission shall be filedas an exhibit upon the institution of any proceedings brought in the exerciseof the power of eminent domain.
G. The Commonwealth hereby consents, subject to the approval of the Governor,to the use by the Authority of any other lands or property owned by theCommonwealth, including lands lying under water, which are deemed by theAuthority to be necessary for the construction or operation of any projectbeing constructed by the Authority.
(2009, c. 471.)