2014 Virginia Code
Title 33.1 - Highways, Bridges and Ferries
§ 33.1-91. (Repealed effective October 1, 2014) Authority to acquire entire tract of land, or parcel thereof, when only part to be utilized for highway purposes

In acquiring rights-of-way for highway construction, reconstruction or improvement, and lands incidental to such construction, reconstruction or improvement, the Commissioner is authorized and empowered, whenever a portion of a tract of land is to be utilized for right-of-way, or a purpose incidental to the construction, reconstruction or improvement of a public highway, to acquire by purchase, gift or by the exercise of the power of eminent domain the entire tract of land or any part thereof, whenever the remainder of such tract or part thereof can no longer be utilized for the purpose for which the entire tract is then being utilized, or a portion of a building is to be taken or the cost of removal or relocation of the buildings, or other improvements on the remaining portion, necessitated by the taking, would exceed the cost of destroying such buildings or other improvements, or the highway project will leave the remaining portions without a means of access to a public highway, or whenever in the judgment of the Commissioner the resulting damages to the remainder of such tract or part thereof lying outside the proposed right-of-way, or the area being acquired for a purpose incidental to the construction, reconstruction or improvement of a public highway, will approximate or equal the fair market value of such remaining lands; provided, however, that the Commissioner shall not acquire the remainder of such tracts by purchase where the remaining portion is in excess of 10 acres or, by condemnation where the remaining portion is in excess of two acres. Nothing contained herein shall be construed as preventing the Commissioner from complying, where applicable, with the provisions of § 25.1-417.

Code 1950, § 33-117.2; 1960, c. 546; 1964, c. 262; 1970, c. 322; 1973, c. 166; 2003, c. 940.