2006 Code of Virginia § 33.1-291 - Competing bridges, ferries and tunnels

33.1-291. Competing bridges, ferries and tunnels.

No bridge or tunnel other than those specified in 33.1-268 for the use ofthe traveling public shall hereafter be constructed and operated by theCommonwealth or by any county, municipal corporation or political subdivisionof the Commonwealth, or by any agency or instrumentality, copartnership,association or corporation, within ten miles of any terminus of any projectacquired or constructed under the provisions of this article, and nofranchise shall hereafter be granted for the operation of a ferry within tenmiles of any projects for the acquisition or construction of which revenuebonds shall have been authorized under this article, except under a writtenpermit granted by the Board, which is hereby exclusively authorized to grantsuch permits under the terms and conditions hereof. No such permit shall begranted by the Board until it shall ascertain by an investigation, includinga hearing upon such notice and under such rules as the Board may prescribethat there is an urgent public need for the operation of such bridge, tunnelor ferry and that its operation will not affect the revenues of any suchproject of the Commonwealth so as to impair the security of any revenue bondsissued for the acquisition or construction of such project.

The distance of ten miles hereinabove mentioned in this section shall bemeasured in a straight line between the nearest points of such projects.However, nothing in this article shall apply to an existing ferry route,temporarily discontinued, if said ferry was established prior to 1940.

(Code 1950, 33-251; 1950, p. 147; 1954, c. 319; 1970, c. 322.)