2006 Code of Virginia § 2.2-1151.1 - Conveyances of right-of-way usage to certain nonpublic service companies by the Department of Trans...

2.2-1151.1. Conveyances of right-of-way usage to certain nonpublic servicecompanies by the Department of Transportation.

A. As used in this section:

"Department" means the Virginia Department of Transportation.

"Developer" means a person who undertakes to develop real estate.

B. No land use permit shall be issued by the Department to any company otherthan a public service company as defined in 56-76, a company owning oroperating an interstate natural gas pipeline, or a franchised cabletelevision systems operator owning or operating a utility line as defined in 56-265.15, unless such company has (i) registered as an operator with theappropriate notification center as defined by 56-265.15 and (ii) notifiedthe commercial and residential developer, owner of commercial, multifamily orresidential real estate, or local government entities with a propertyinterest in any parcel of land located adjacent to the property over whichthe land use is being requested, that application for the permit has beenmade. Any permit application approved by the Department shall include anaffidavit indicating compliance with the registration and notificationrequirements provided by this subsection.

C. No performance surety held by the Department in association with a landuse permit issued to a company pursuant to subsection B to perform workwithin the Department's right-of-way shall be released until such time as allclaims against the company associated with the work have been resolved,provided a claimant has notified the Department of a claim against suchcompany within 30 days after completion of the work. A claimant shall have nomore than one year after the notification is received by the Department tocomplete any action against the company associated with the work for whichthe claim has been made. After the expiration of the one-year period, theDepartment may release the performance surety.

D. Nothing in this section shall be construed or interpreted to create acause of action or administrative claim against the Department.

(2003, c. 330; 2004, c. 636.)

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