33.1-119 - Authority to take possession and title to property before or during condemnation; purpose and intent of provisions.
§ 33.1-119. Authority to take possession and title to property before orduring condemnation; purpose and intent of provisions.
In addition to the exercise of the power of eminent domain prior to the entryupon land being condemned, as provided hereinabove, the Commissioner isauthorized to acquire title and to enter upon and take possession of suchproperty and rights-of-way, for the purposes set out in § 33.1-89, as theCommissioner may deem necessary, and proceed with the construction of suchhighway, such taking to be made pursuant to the following sections.
It is the intention of these sections to provide that such property andrights-of-way may, in the discretion of the Commissioner, be condemned duringor after the construction of the highway, as well as prior thereto, and todirect the fund out of which the judgment of the court in condemnationproceedings shall be paid, and to provide that in all other respects theprovisions of this article shall apply, whether the property andrights-of-way are condemned before, during or after the construction of thehighway. But the authorities constructing such highway under the authority ofthese sections shall use diligence to protect growing crops and pastures andto prevent damage to any property not taken. So far as possible allrights-of-way shall be acquired or contracted for before any condemnation isresorted to.
(Code 1950, § 33-70.1; 1958, c. 581; 1970, c. 322.)