CODE OF VIRGINIA

EMINENT DOMAIN; RIGHT OF ENTRY (§ 5.1-2.5)

The Board is hereby vested with the power of eminent domain and may exercise the
same for the purposes set forth in subdivision 3 of § 5.1-2.2:1 in the manner
set forth in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 and to the extent
permitted to railroads by § 56-347; provided, however, such power of eminent
domain shall not extend to the taking of any radio or television towers or
installation in existence on June 27, 1958. If the owner, lessee or occupier of
any property to be condemned or otherwise acquired shall refuse to remove his
property therefrom or give up possession thereof, the Board may proceed to
obtain possession in any manner provided by law. The authorized agents and
employees may enter upon any lands, waters, and premises in the Commonwealth 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 purpose be
deemed an entry under any condemnation proceedings that may be then pending. The
Board shall make reimbursement for any actual damage resulting to such lands,
waters, and premises as a result of such activities.

HISTORY: 1980, c. 750; 2003, c. 940.