5.1-2.5 - Eminent domain; right of entry.
§ 5.1-2.5. Eminent domain; right of entry.
The Board is hereby vested with the power of eminent domain and may exercisethe same for the purposes set forth in subdivision 3 of § 5.1-2.2:1 in themanner set forth in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 and to theextent permitted to railroads by § 56-347; provided, however, such power ofeminent domain shall not extend to the taking of any radio or televisiontowers or installation in existence on June 27, 1958. If the owner, lessee oroccupier of any property to be condemned or otherwise acquired shall refuseto remove his property therefrom or give up possession thereof, the Board mayproceed to obtain possession in any manner provided by law. The authorizedagents and employees may enter upon any lands, waters, and premises in theCommonwealth for the purpose of making surveys, soundings, drillings, andexaminations as they may deem necessary or convenient for the purposes ofthis chapter, and such entry shall not be deemed a trespass, nor shall anentry for such purpose be deemed an entry under any condemnation proceedingsthat may be then pending. The Board shall make reimbursement for any actualdamage resulting to such lands, waters, and premises as a result of suchactivities.
(1980, c. 750; 2003, c. 940.)