33.1-170 - Plans for relocation of such highway.
§ 33.1-170. Plans for relocation of such highway.
When and if there shall be a final approval of the abandonment of the road bythe board of supervisors or other governing body or the court, as the casemay be, the city or town shall, solely at its own expense, submit to theCommissioner plans and specifications for a proposed relocation of thehighway, containing such information and facts as a location, elevations andother matters as the Commissioner may require. The Commissioner shall havethe power to change, alter and amend the plans so as to conform to theCommissioner's views as to the location, width and type of construction ofsuch road to be built on the new location, provided, however, that the newroad shall be so located that it will not be flooded by the water to beimpounded, and provided further, that the Commissioner may not require a moreexpensive type or character of road than the one to be abandoned. TheCommissioner shall either approve such plans and specifications as proposedby the city or town or as so amended by the Commissioner.
(Code 1950, § 33-84; 1970, c. 322.)