33.1-97 - Acquisition of land in median strips of highways for public mass transportation; disposition of such property.
§ 33.1-97. Acquisition of land in median strips of highways for public masstransportation; disposition of such property.
When acquiring land for the construction of highways with divided roadways,the Commissioner may, if he deems it necessary and appropriate, also acquireby gift, purchase or by the exercise of the power of eminent domain as vestedin him by § 33.1-89, in addition to the land necessary for such highways,sufficient land in the median strips for use for public mass transportationand may convey or otherwise make available the same to a public agency orauthority or public service corporation or public service company for theconstruction and operation thereon of public facilities for masstransportation of passengers.
Such additional land shall be acquired only after an agreement has been madebetween the Commissioner and a public agency or authority or public servicecorporation or public service company whereby such agency, authority,corporation or company has agreed to pay the cost of the additional landacquired and all expense incidental to its acquisition.
The condemnation of such land to be conveyed for use for public masstransportation shall be governed by the procedure prescribed by this articleand may be carried out at the same time if against the same property ownerand if against the same landowner or in the same proceedings in which land iscondemned for highway purposes. The Commissioner may, under the sameprocedure and conditions prescribed by this article with respect to propertyneeded for highway purposes, enter upon and take possession of such propertyto be conveyed to a public agency or authority or public service corporationor public service company in the manner provided in §§ 33.1-119 through33.1-129 of the Code.
The Board is authorized and directed with the consent of the Federal HighwayAdministration to permit the Washington Metropolitan Area Transit Authorityto commence construction of rapid transit and ancillary facilities within theproposed median strip of Interstate Route 66 between Glebe Road in ArlingtonCounty and Nutley Road in Fairfax County.
Provided, however, that construction of rapid transit shall conform withhighway plans and that construction procedures shall be reviewed and approvedby the Commonwealth Transportation Commissioner. Provided, further, thatprior to construction of rapid transit, a mutually satisfactory allocation ofcost shall be agreed to by the Washington Metropolitan Area TransitAuthority, the Commonwealth Transportation Board and the Federal HighwayAdministration.
(Code 1950, § 33-58.1; 1962, c. 303; 1970, c. 322; 1973, c. 508.)