2014 Virginia Code
Title 33.1 - Highways, Bridges and Ferries
§ 33.1-39. (Repealed effective October 1, 2014) Bypasses through or around cities and incorporated towns

The Commissioner of Highways may acquire by gift, purchase, exchange, condemnation or otherwise, such lands or interest therein, necessary or proper for the purpose, and may construct and improve thereon such bypasses or extensions and connections of the primary system of state highways through or around cities and incorporated towns, as the Board may deem necessary for the uses of the State Highway System; provided, that the respective cities and the incorporated towns of 3,500 population, or more, by action of their governing bodies agree to participate in accordance with the provisions of § 33.1-44 in all costs of such construction and improvement, including the cost of rights-of-way, on that portion of any such bypass or extension which is located within any such city or incorporated town. The maintenance of that portion of a bypass or extension located within a city or incorporated town shall be borne by the city or town. However, the Board shall contribute to such maintenance in accordance with the provisions of law governing its contribution to the maintenance of streets, roads and bridges in such cities and incorporated towns. The location, form and character of informational, regulatory and warning signs, curb and pavement or other markings and traffic signals installed or placed by any public authority shall be subject to the approval of the Commissioner. At both ends of bypasses through or around cities and incorporated towns the Commissioner shall erect and maintain adequate directional signs of sufficient size and suitable design to indicate clearly the main route or routes leading directly into such cities and incorporated towns.

Notwithstanding the above, in any case where a municipality refuses to contribute to the construction of a bypass or an extension or connection of the primary system within said municipality the Commissioner of Highways may construct such bypass or extension and connection without any contribution by the municipality when the Board determines that such bypass or extension and connection is primarily rural in character and that the most desirable and economical location is within said municipality. Any bypass or extension and connection built under this provision shall be maintained by the Commissioner as a part of the primary system and the municipality shall receive no payment for such bypass or extension and connection under § 33.1-41.1.

All the provisions of general law relating to the exercise of eminent domain by the Commissioner shall be applicable to such bypasses, or extensions or connections of the primary system of state highways.

The Board may expend out of funds appropriated to the Board under § 33.1-23.1 A and B 1 such funds as may be necessary to carry out the provisions of this section.

Code 1950, § 33-35; 1964, c. 258; 1970, c. 322; 1977, c. 578.