A. Proceedings for condemnation under this article shall be instituted and conducted in accordance with the procedures provided in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1, except that the provisions of §§ 33.2-1018 through 33.2-1029.1 shall be applicable to such proceedings.
B. All suits shall be instituted and conducted in the name of the Commissioner of Highways as petitioner without naming the individual who may be such Commissioner of Highways or acting Commissioner of Highways. In the event of the death, removal, retirement, or resignation of the Commissioner of Highways or acting Commissioner of Highways, the suit shall automatically survive to a successor Commissioner of Highways or acting Commissioner of Highways. All suits heretofore filed in accordance with the provisions of this section are hereby ratified, validated, and confirmed.
C. In addition to any other notices required to be served pursuant to this section, in any proceeding instituted by the Commissioner of Highways under this title, a copy of the notice of the filing of the petition also shall be served, in the same manner as such notice is served upon owners, upon any person owning structures or improvements for which an outdoor advertising permit has been issued by the Commissioner of Highways pursuant to § 33.2-1208.
Code 1950, § 33-59; 1960, c. 491; 1964, c. 383; 1970, c. 322, § 33.1-98; 1972, c. 765; 2003, c. 940; 2014, c. 805; 2022, c. 735.
Structure Code of Virginia
Title 33.2 - Highways and Other Surface Transportation Systems
§ 33.2-1002. Limitation on power of eminent domain
§ 33.2-1003. Additional power to acquire lands
§ 33.2-1004. Plans for acquisition of rights-of-way
§ 33.2-1006. Reconveyance where property deemed suitable for mass transit purposes
§ 33.2-1008. Authority to acquire land to replace parkland; applicability
§ 33.2-1009. Acquisition of residue parcels declared to be in public interest
§ 33.2-1010. Use and disposition of residue parcels of land
§ 33.2-1012. Limitations in Title 25.1 not applicable to Commissioner of Highways
§ 33.2-1013. Notice of exercise of eminent domain power; evidence of value
§ 33.2-1017. Taking highway materials from streams, rivers, and watercourses
§ 33.2-1019. Payments into court or filing certificate of deposit before entering upon land
§ 33.2-1022. Certificates to describe land and list owner
§ 33.2-1024. Reformation, alteration, revision, amendment, or invalidation of certificate
§ 33.2-1026. Awards in greater or lesser amounts than deposit; interest
§ 33.2-1027.1. Distribution of funds to owner or owner's attorney
§ 33.2-1028. Enhancement to be offset against damage
§ 33.2-1029.1. (See Editor's Note) Petition by owner for determination of just compensation
§ 33.2-1030. Installation of broadband conduit
§ 33.2-1033. Contents of petition for condemnation
§ 33.2-1034. Removal and reinterment of remains; other proceedings