CODE OF VIRGINIA

AUTHORITY TO ACQUIRE LAND TO REPLACE PARKLAND; APPLICABILITY (§ 33.2-1008)

For the purposes of this section, “parkland” only includes parks and
recreational areas under the jurisdiction of state agencies or local governing
bodies. Notwithstanding any contrary provision of this title, the Commissioner
of Highways may acquire by gift or purchase any property without a permanent
residential structure, or an interest in property, needed to replace parkland
that is acquired for the improvement, maintenance, construction, or
reconstruction of highways. Land acquired to replace parkland shall be abutting
or appurtenant to the property of rights-of-way acquired for the improvement,
maintenance, construction, or reconstruction of highways. Before exercising the
authority granted by this section, the Commissioner of Highways shall notify the
local governing body or state agency having jurisdiction over the parkland and
shall obtain the concurrence of the local governing body or state agency that
replacement parklands should be acquired and conveyed to the local governing
body or state agency in exchange for the parkland needed for the improvement,
maintenance, construction, or reconstruction of the highway.The provisions of
this section shall apply only in Albemarle County and the City of
Charlottesville.

HISTORY: 2000, c. 310, § 33.1-91.1; 2014, c. 805.