2006 Code of Virginia § 33.1-229 - Continuance of powers of county authorities; alternative procedure

33.1-229. Continuance of powers of county authorities; alternativeprocedure.

The local road authorities shall continue to have the powers vested in themon June 20, 1932, for the establishment of new roads in their respectivecounties, which shall, upon such establishment, become parts of the secondarysystem of state highways within such counties. They shall likewise have thepower to alter or change the location of any road now in the secondary systemof state highways within such counties or which may hereafter become a partof the secondary system of state highways within such counties. TheCommonwealth Transportation Commissioner shall be made a party to anyproceeding before the local road authorities for the establishment of anysuch road or for the alteration or change of the location of any such road.When any such board or commission appointed by the board of supervisors orother governing body of a county to view a proposed road or to alter orchange the location of an existing road shall award damages for theright-of-way for the same, in either case to be paid in money, it may be paidby the board of supervisors or other governing body of the county out of thegeneral county levy funds. No expenditure by the Commonwealth shall berequired upon any new road so established or any old road the location ofwhich is altered or changed by the local road authorities, except as may beapproved by the Commissioner. If the property sought to be taken is for theeasement or right-of-way, the plat shall reasonably indicate thereon anyappurtenant right-of-way or easement for ingress and egress to and from theprincipal easement or right-of-way being taken.

As an alternative to the method of establishing or relocating a road providedin the preceding paragraph, the Commissioner, by and with the approval of theCommonwealth Transportation Board and the board of supervisors or othergoverning body of a county shall have power and authority to make suchchanges in routes in, and additions to, the secondary system of statehighways from time to time as the public safety or convenience may require.

The service of any process or notice in any such proceedings upon thedistrict engineer of the Department of Transportation having the supervisionof maintenance and construction of highways in any such county shall betermed sufficient service on the Commissioner.

(Code 1950, 33-141; 1950, p. 726; 1970, c. 322; 1980, c. 441; 1984, c. 198.)