When authorization is required by federal or state law for any project affecting wetlands and the authorization is conditioned upon compensatory mitigation for adverse impacts to wetlands, no condemnor shall acquire through exercise of the power of eminent domain any property to satisfy such condition unless: (i) the property sought to be acquired is located within the same locality as the project affecting wetlands, or (ii) the governing body of the locality where the property sought to be acquired consents to its acquisition for such purpose. This section shall not apply to property acquired by the Commissioner of Highways pursuant to Title 33.2.
2005, c. 311.
Structure Code of Virginia
Chapter 1 - General Provisions
§ 25.1-101. Condemnation by state institutions
§ 25.1-102. Condemnation of property of corporations possessing power of eminent domain
§ 25.1-103. Condemnation of lands of state institutions
§ 25.1-104. Condemnation of lands of private educational institutions for highway purposes
§ 25.1-105. Condemnation of cemeteries
§ 25.1-106. Condemnation of lands within agricultural and forestal districts
§ 25.1-107. Condemnation of lands within adopted conservation or redevelopment plans
§ 25.1-108. Offer to sell to former owner
§ 25.1-109. Condemnation of lands for compensatory mitigation of wetlands