33.1-39 - Bypasses through or around cities and incorporated towns.
§ 33.1-39. Bypasses through or around cities and incorporated towns.
The Commonwealth Transportation Commissioner may acquire by gift, purchase,exchange, condemnation or otherwise, such lands or interest therein,necessary or proper for the purpose, and may construct and improve thereonsuch bypasses or extensions and connections of the primary system of statehighways through or around cities and incorporated towns, as the Board maydeem necessary for the uses of the State Highway System; provided, that therespective cities and the incorporated towns of 3,500 population, or more, byaction of their governing bodies agree to participate in accordance with theprovisions of § 33.1-44 in all costs of such construction and improvement,including the cost of rights-of-way, on that portion of any such bypass orextension which is located within any such city or incorporated town. Themaintenance of that portion of a bypass or extension located within a city orincorporated town shall be borne by the city or town. However, the Boardshall contribute to such maintenance in accordance with the provisions of lawgoverning its contribution to the maintenance of streets, roads and bridgesin such cities and incorporated towns. The location, form and character ofinformational, regulatory and warning signs, curb and pavement or othermarkings and traffic signals installed or placed by any public authorityshall be subject to the approval of the Commissioner. At both ends ofbypasses through or around cities and incorporated towns the Commissionershall erect and maintain adequate directional signs of sufficient size andsuitable design to indicate clearly the main route or routes leading directlyinto such cities and incorporated towns.
Notwithstanding the above, in any case where a municipality refuses tocontribute to the construction of a bypass or an extension or connection ofthe primary system within said municipality the Commonwealth TransportationCommissioner may construct such bypass or extension and connection withoutany contribution by the municipality when the Board determines that suchbypass or extension and connection is primarily rural in character and thatthe most desirable and economical location is within said municipality. Anybypass or extension and connection built under this provision shall bemaintained by the Commissioner as a part of the primary system and themunicipality shall receive no payment for such bypass or extension andconnection under § 33.1-41.1.
All the provisions of general law relating to the exercise of eminent domainby the Commissioner shall be applicable to such bypasses, or extensions orconnections of the primary system of state highways.
The Board may expend out of funds appropriated to the Board under § 33.1-23.1A and B 1 such funds as may be necessary to carry out the provisions of thissection.
(Code 1950, § 33-35; 1964, c. 258; 1970, c. 322; 1977, c. 578.)