33.1-272 - Condemnation of projects and property.
§ 33.1-272. Condemnation of projects and property.
The Board, whenever a reasonable price cannot be agreed upon or whenever theowner is legally incapacitated or is absent or is unable to convey validtitle or is unknown, may acquire by condemnation any project or projectscontemplated by § 33.1-271 or interest or interests therein and any lands,rights, easements, franchises and other property deemed necessary orconvenient for the improvement or the efficient operation of any projectacquired or constructed under this article, or for the purpose ofconstructing any project or portion thereof hereunder, or for securing aright-of-way leading to any such project or its approaches, in the mannerhereinafter provided. Such condemnation proceedings shall be conducted andthe compensation to be paid shall be ascertained and paid in the mannerprovided by law with reference to the condemnation of property by the Boardfor state highway purposes.
Title to any property condemned by the Board shall be taken in the name ofthe Commonwealth. The Commonwealth shall be under no obligation to accept andpay for any property condemned or any cost incidental to any condemnationproceedings and shall, in no event, pay for the same except from the fundsprovided by this article; and in any condemnation proceedings, the courthaving jurisdiction of the suit, action or proceeding may make such orders asmay be just to the Commonwealth and to the owners of the property to becondemned and may require an undertaking or other security to secure suchowners against any loss or damage to be sustained by reason of the failure ofthe Commonwealth to accept and pay for the property, but such undertaking orsecurity shall impose no liability upon the Commonwealth, except such as maybe paid from the funds provided under the authority of this article;provided, however, that condemnation shall not lie in any case when theCommonwealth, in granting a franchise to any project named herein, hasstipulated the terms upon which it may acquire such project.
(Code 1950, § 33-232; 1970, c. 322; 1991, cc. 666, 713; 1993, c. 793.)