33.1-96 - Acquisition of interests for exchange with railroad, public utility company, public service corporation or company, political subdivision, or cable television company; relocation of poles, l
§ 33.1-96. Acquisition of interests for exchange with railroad, publicutility company, public service corporation or company, politicalsubdivision, or cable television company; relocation of poles, lines, etc.
Whenever any railroad, public utility company, public service corporation orcompany, political subdivision, or cable television company owns or occupiesany privately owned land either under a claim of right or with the apparentacquiescence of the private landowner which the Commissioner deems necessaryand intends to acquire for any highway project and such land owned oroccupied by the railroad, public utility company, public service corporationor company, political subdivision, or cable television company is devoted toa public use, the Commissioner may acquire by gift, purchase or by theexercise of the power of eminent domain additional land or easement,right-of-way or interest in land adjacent to or approximately adjacent tosuch land needed and proposed to be acquired for such highway project and maythen convey the same to the railroad, public utility company, public servicecorporation or company, political subdivision, or cable television companyfor use by it in lieu of the land theretofore owned or occupied by it butneeded by the Commissioner for such highway project. The condemnation of suchland, easement, rights-of-way or other interest in land to be conveyed to anyrailroad, public utility company, public service corporation or company,political subdivision, or cable television company shall be governed by theprocedure prescribed by this article and may be carried out at the same timeif against the same property owner and if against the same landowner or inthe same proceedings in which land is condemned for highway purposes. TheCommissioner may, under the same procedure and conditions prescribed by thisarticle, with respect to property needed for highway purposes, enter upon andtake possession of such property to be conveyed to any railroad, publicutility company, public service corporation or company, politicalsubdivision, or cable television company in the manner provided in §§33.1-119 through 33.1-129, and proceed with the relocation of theinstallations of the railroad or public utility company in order that theconstruction of the highway project may be carried out without delay.
After the acquisition of the land owned or occupied by railroads, publicutility companies, public service corporation or companies, politicalsubdivisions, or cable television companies and the acquisition of theadditional land, easement, right-of-way, or other interest in land for suchrailroads, utility companies, public service corporations or companies,political subdivisions, or cable television companies as hereinabove providedfor in the event the poles, lines or other facilities are not removed by suchrailroads or utility companies within sixty days from the date of the takingby the Commissioner, the Commissioner is hereby vested with the power toremove and relocate such facilities at his own cost.
Any conveyance previously made by the Commissioner in exchange for land whichwas needed for a highway project is hereby declared to be valid and effectivein all respects.
(Code 1950, § 33-58; 1960, c. 491; 1968, c. 227; 1970, c. 322; 1976, c. 380;1990, c. 242.)