CODE OF VIRGINIA

ACQUISITION OF LAND IN MEDIAN OF HIGHWAYS FOR PUBLIC MASS TRANSIT; DISPOSITION
OF SUCH PROPERTY (§ 33.2-1015)

When acquiring land for the construction of highways with divided roadways, the
Commissioner of Highways may, if he deems it necessary and appropriate, also
acquire by gift, purchase, or by the exercise of the power of eminent domain as
vested in him by § 33.2-1001, in addition to the land necessary for such
highways, sufficient land in the median for use for public mass transit and may
convey or otherwise make available the same to a public agency or authority or
public service corporation or public service company for the construction and
operation thereon of public facilities for mass transit.Such additional land
shall be acquired only after an agreement has been made between the Commissioner
of Highways and a public agency or authority or public service corporation or
public service company whereby such agency, authority, corporation, or company
has agreed to pay the cost of the additional land acquired and all expense
incidental to its acquisition.The condemnation of such land to be conveyed for
use for public mass transit shall be governed by the procedure prescribed by
this article and may be carried out at the same time if against the same
property owner and if against the same landowner or in the same proceedings in
which land is condemned for highway purposes. The Commissioner of Highways may,
under the same procedure and conditions prescribed by this article with respect
to property needed for highway purposes, enter upon and take possession of such
property to be conveyed to a public agency or authority or public service
corporation or public service company in the manner provided in §§ 33.2-1018
through 33.2-1027.The Board is authorized and directed with the consent of the
Federal Highway Administration to permit the Washington Metropolitan Area
Transit Authority to commence construction of rapid transit and ancillary
facilities within the proposed median of Interstate 66 between Glebe Road in
Arlington County and Nutley Road in Fairfax County, provided that (i)
construction of rapid transit shall conform with highway plans and that
construction procedures shall be reviewed and approved by the Commissioner of
Highways and (ii) prior to construction of rapid transit, a mutually
satisfactory allocation of cost shall be agreed to by the Washington
Metropolitan Area Transit Authority, the Board, and the Federal Highway
Administration.

HISTORY: Code 1950, § 33-58.1; 1962, c. 303; 1970, c. 322, § 33.1-97; 1973, c.
508; 2014, c. 805.