2006 Code of Virginia § 33.1-56 - Relocation or removal of utility facilities within projects on interstate system; additional provis...

33.1-56. Relocation or removal of utility facilities within projects oninterstate system; additional provisions.

Whenever the Board determines that it is necessary to relocate or remove anypipes, mains, storm sewers, water lines, sanitary sewers, natural gasfacilities, or other structures, equipment, and appliances (herein calledfacilities) of any utility owned by (i) a county, (ii) a politicalsubdivision of the Commonwealth or county, or (iii) a nonprofit,consumer-owned company, located in a county having a population of at least32,000 but no more than 34,000, that (a) is exempt from income taxation under 501 (c) (3) of the Internal Revenue Code, (b) is organized to providesuitable drinking water, (c) has no assistance from investors, (d) does notpay dividends, and (e) does not sell stock to the general public, or stormsewers, water lines, natural gas facilities, or sanitary sewers owned by acity and extending into any county, in, on, under, over, or along existinghighways which are to be included within any project on the interstate systemor primary system within any county, the county or political subdivision ofthe Commonwealth or county, consumer-owned company, or city, as the case maybe, shall relocate or remove the same in accordance with the order of theBoard. The cost of such relocation or removal, as herein defined, includingthe cost of installing such facilities in a new location or locations, andthe cost of any lands, or any rights or interest in lands, and any otherrights, required to accomplish such relocation or removal, shall beascertained and paid by the Board as a part of the cost of such project.

For the purposes of this section, the term "cost of relocation or removal"shall include the entire amount paid for the relocation or removal of suchutility facilities properly attributable to such relocation or removal afterdeducting therefrom any increase in the value of the new facility and anysalvage value derived from the old facility.

The cost of relocating or removing such utility facilities in connection withany project on the interstate system or primary system within counties ishereby declared to be a cost of highway construction.

(Code 1950, 33-36.10; 1964, c. 353; 1970, c. 322; 1989, c. 46; 1998, c.219; 1999, c. 942.)