CODE OF VIRGINIA

ADDITIONAL POWERS OF THE COMMISSION (§ 33.2-2204)

The Commission has the power:

   1.  To construct grade separations at intersections of the project with public
   highways and to change and adjust the lines and grades of such highways so as
   to accommodate the same to the design of such grade separation. The cost of
   such grade separations and any damage incurred in changing and adjusting the
   lines and grades of such highways shall be ascertained and paid by the
   Commission as a part of the cost of the project.

   2.  To change the location of any portion of any public highway. The
   Commission shall cause the portion of the public highway to be reconstructed
   at such location as the Commission deems most favorable and of substantially
   the same type and in as good condition as the original highway. The cost of
   such reconstruction and any damage incurred in changing the location of any
   such highway shall be ascertained and paid by the Commission as a part of the
   cost of the project.Any public highway affected by the construction of the
   project may be vacated or relocated by the Commission in the manner now
   provided by law for the vacation or relocation of public roads, and any
   damages awarded on account thereof shall be paid by the Commission as a part
   of the cost of the project.

   3.  To enter upon any lands, waters, and premises in the Commonwealth, along
   with its authorized agents and employees, for the purpose of making surveys,
   soundings, drillings, and examinations as they may deem necessary or
   convenient for the purposes of this chapter, and such entry shall not be
   deemed a trespass, nor shall an entry for such purposes be deemed an entry
   under any condemnation proceedings that may be then pending. The Commission
   shall make reimbursement for any actual damage resulting to such lands,
   waters, and premises as a result of such activities.

   4.  To make reasonable regulations for the installation, construction,
   maintenance, repair, renewal, relocation, and removal of tracks, pipes, mains,
   conduits, cables, wires, towers, poles, and other equipment and appliances
   (herein called “public utility facilities”) of any public utility
   in, on, along, over, or under the project. When public utility facilities that
   are or may be located in, on, along, over, or under the project should be
   relocated in the project, or should be removed from the project, the public
   utility owning or operating such facilities shall relocate or remove the same
   in accordance with the order of the Commission, provided that the cost and
   expenses of such relocation or removal, including the cost of installing such
   facilities in a new location, and the cost of any lands, or any rights or
   interests in lands, and any other rights, acquired to accomplish such
   relocation or removal, shall be ascertained and paid by the Commission as a
   part of the cost of the project. In case of any such relocation or removal of
   facilities, the public utility owning or operating the facilities, its
   successors or assigns, may maintain and operate such facilities, with the
   necessary appurtenances, in the new location, for as long a period, and upon
   the same terms and conditions, as it had the right to maintain and operate
   such facilities in their former location.

The Commonwealth hereby consents to the use of all lands owned by it, including
lands lying under water, that are deemed by the Commission to be necessary for
the construction or operation of the project.

HISTORY: 1956, c. 693; 2014, c. 805.