5.1-50 - Flight strips, airfields and roads requested by federal agency.
§ 5.1-50. Flight strips, airfields and roads requested by federal agency.
In order to further the interests of national security, the CommonwealthTransportation Board may, at the request of the Army and Navy Departments,Federal Highway Administration or other agency of the United States,construct and maintain, or cooperate with any such federal agency in theconstruction and maintenance of flight strips, airfields, and roads leadingthereto from public highways. To carry out this purpose the Department,acting through the Commonwealth Transportation Commissioner may acquire inthe name of the Commonwealth by gift or purchase or by the exercise of thepower of eminent domain such real property, or interest therein, includingthe rights in the air above real property, as may be needed for such flightstrips, airfields and roads. The exercise of the power of eminent domainhereby conferred shall be in the same manner and pursuant to the sameprocedure that is now, or may hereafter be, provided by law for theacquisition of real property by the Commonwealth Transportation Commissionerfor highway purposes, and in order that the construction work may proceedwithout delay, the Department may, in the same manner and under the sameconditions and procedure as is provided in the case of real property neededfor highway purposes, enter upon and take possession of such real property asmay be needed for the purposes of this section, and proceed with theconstruction work prior to the acquisition of title to the property incondemnation proceedings. In carrying out the purposes of this section, theDepartment may expend only such funds as may be provided for such purposes bythe federal government.
If requested to do so by the federal agency which provided the funds withwhich the Department acquired the property for any such flight strips,airfields or roads, the Department may authorize and direct the CommonwealthTransportation Commissioner to convey, by deed executed in the name of theCommonwealth, such property to the United States to be used in the interestsof national security. If title to such property is retained by theCommonwealth, the Department may authorize any agency of the United States touse such property to further the interest of national security. Whenever theDepartment finds that property heretofore or hereafter acquired by it for anysuch flight strips, airfields or roads is no longer needed for the purposefor which it was acquired, it may sell the same for such consideration as itdeems adequate to any private person, firm or corporation and may authorizeand direct the Commonwealth Transportation Commissioner to execute a deed inthe name of the Commonwealth conveying such property to the purchaser. Theproceeds from any such sale shall be paid into the treasury of Virginia tothe credit of the highway fund unless the terms of any grant to theDepartment or the Commonwealth provide otherwise, in which case such proceedsshall be disposed of in accordance with the terms of such grant.
(Code 1950, § 5-41; 1966, c. 576; 1979, c. 272.)