33.1-55 - Relocation or removal of utility facilities within projects on Interstate System.
§ 33.1-55. Relocation or removal of utility facilities within projects onInterstate System.
Whenever the Board shall determine that it is necessary that any tracks,pipes, mains, conduits, cables, wires, towers or other structures, equipmentand appliances (herein called "facilities") of any utility as hereindefined, in, on, under, over or along existing streets which are to beincluded within any project on the Interstate System within cities or townsshould be relocated or removed, the owner or operator of such facilitiesshall relocate or remove the same in accordance with the order of the Board.The cost of such relocation or removal, as herein defined, including the costof installing such facilities in a new location or locations, and the cost ofany lands, or any rights or interest in lands, and any other rights, requiredto accomplish such relocation or removal, shall be ascertained and paid bythe Board as a part of the cost of such project.
For the purposes of this section, the term "utility" shall includepublicly, privately, and cooperatively owned utilities and the term "cost ofrelocation or removal" shall include the entire amount paid by such utilityproperly attributable to such relocation or removal after deducting therefromany increase in the value of the new facility and any salvage value derivedfrom the old facility.
The cost of relocating or removing utility facilities in connection with anyproject on the Interstate System within cities or towns is hereby declared tobe a cost of highway construction.
(Code 1950, § 33-36.9; 1958, c. 589; 1970, c. 322; 1972, c. 79; 1983, c. 162;2003, c. 302.)