CODE OF VIRGINIA

CONTINUANCE OF POWERS OF COUNTY AUTHORITIES; ALTERNATIVE PROCEDURE (§ 33.2-705)

The local authorities shall continue to have the powers vested in them on June
20, 1932, for the establishment of new highways in their respective counties,
which shall, upon such establishment, become parts of the secondary state
highway system within such counties. They shall likewise have the power to alter
or change the location of any highway now in the secondary state highway system
within such counties or that may hereafter become a part of the secondary state
highway system within such counties. The Commissioner of Highways shall be made
a party to any proceeding before the local authorities for the establishment of
any such highway or for the alteration or change of the location of any such
highway. When any such board or commission appointed by the governing body of a
county to view a proposed highway or to alter or change the location of an
existing highway shall award damages for the right-of-way for the same, in
either case to be paid in money, it may be paid by the governing body of the
county out of the general county levy funds. No expenditure by the Commonwealth
shall be required upon any new highway so established or any old road the
location of which is altered or changed by the local authorities, except as may
be approved by the Commissioner of Highways. If the property sought to be taken
is for the easement or right-of-way, the plat shall reasonably indicate thereon
any appurtenant right-of-way or easement for ingress and egress to and from the
principal easement or right-of-way being taken.As an alternative to the method
of establishing or relocating a highway provided in the preceding paragraph, the
Commissioner of Highways, by and with the approval of the Board and the
governing body of a county, shall have power and authority to make such changes
in routes in, and additions to, the secondary state highway system as the public
safety or convenience may require.The service of any process or notice in any
such proceedings upon the district administrator of the Department having the
supervision of maintenance and construction of highways in any such county shall
be termed sufficient service on the Commissioner of Highways.

HISTORY: Code 1950, § 33-141; 1950, p. 726; 1970, c. 322, § 33.1-229; 1980, c.
441; 1984, c. 198; 2013, cc. 585, 646; 2014, c. 805.