A. The Authority shall have the right to acquire by purchase, lease, or grant rail facilities and other lands, structures, property, both real and personal, tangible and intangible, rights, rights-of-way, franchises, easements, and other interests therein, whether located within or not within the geographic boundaries of the Commonwealth, for the construction, operation, maintenance, and use of rail facilities.
B. The Authority shall have the right to hold and dispose of rail facilities and other lands, structures, property, both real and personal, tangible and intangible, rights, rights-of-way, franchises, easements, and other interests therein in the exercise of its powers and the performance of its duties under this article, including but not limited to the sale, exchange, lease, mortgage, or pledge of such property or interest therein, provided that any such disposition that involves property or interests with a fair market value in excess of $5 million shall require the consent of the Transportation Board.
C. The Commonwealth and any agencies or political subdivisions thereof may provide services, donate, lease, sell, convey, or otherwise transfer, with or without consideration or for minimal consideration, real or personal property and make appropriations to the Authority for the design, acquisition, construction, equipping, maintenance, and operation of rail facilities and may issue bonds in the manner provided in the Public Finance Act (§ 15.2-2600 et seq.) or in its municipal charter for the purpose of providing funds to be appropriated to the Authority; the Authority may agree to assume, or reimburse such a political subdivision for, any indebtedness incurred by such political subdivision with respect to facilities conveyed by it to the Authority.
D. The Authority is authorized to acquire by the exercise of the power of eminent domain any lands, property rights, rights-of-way, franchises, easements, and other property, including public lands, parks, playgrounds, reservations, highways, or parkways, or parts thereof or rights therein, of any person, partnership, association, railroad, public service, public utility, or other corporation, or of any municipality, county, or other political subdivision, deemed necessary for the construction or the efficient operation of rail facilities or necessary in the restoration, replacement, or relocation of public or private property damaged or destroyed whenever a reasonable price cannot be agreed upon with the governing body of such municipality, county, or other political subdivision as to such property owned by it or whenever the Authority cannot agree on the terms of purchase or settlement with the other owners because of the incapacity of such owners, because of the inability to agree on the compensation to be paid or other terms of settlement or purchase, or because such owners are nonresidents of the Commonwealth, are unknown, or are unable to convey valid title to such property. Such proceedings shall be in accordance with and subject to the provisions of any and all laws of the Commonwealth applicable to the exercise of the power of eminent domain and subject to the provisions of Chapter 2 (§ 25.1-200 et seq.) of Title 25.1. Title to any property condemned by the Authority shall immediately vest in the Authority, and the Authority shall be entitled to the immediate possession of such property upon the deposit with the clerk of the court in which such condemnation proceedings are originated of the total amount of the appraised price of the property and court costs and fees as provided by law, notwithstanding that any of the parties to such proceedings may appeal from any decision in such condemnation proceedings. Whenever the Authority makes such deposit in connection with any condemnation proceedings, the making of such deposit shall not preclude the Authority from appealing any decision rendered in such proceedings. Upon the deposit with the clerk of the court of the appraised price, any person entitled thereto may, upon petition to the court, be paid his or their pro rata share of 100 percent of such appraised price. The acceptance of such payment shall not preclude such person from appealing any decision rendered in such proceedings. If the appraisal is greater or less than the amount finally determined by the decision in such proceedings or by an appeal, the amount of the increase or decrease shall be paid or refunded to the Authority.
E. The acquisition of any such property by condemnation or by the exercise of the power of eminent domain for the purposes provided herein shall be and is declared to be a public use of such property.
F. For purposes of this section, the terms "appraised price" and "appraisal" mean the value determined by two competent real estate appraisers appointed by the Authority for such purposes.
2020, cc. 1230, 1275.
Structure Code of Virginia
Title 33.2 - Highways and Other Surface Transportation Systems
Chapter 2 - Transportation Entities
§ 33.2-200. Commonwealth Transportation Board; membership; terms; vacancies
§ 33.2-201. Appointment requirements; statewide interest
§ 33.2-203. Salaries and expenses
§ 33.2-205. Oaths and bonds of members
§ 33.2-207. Bookkeeping system
§ 33.2-208. Location of routes
§ 33.2-210. Traffic regulations; penalty
§ 33.2-211. Copies of regulations as evidence
§ 33.2-212. Sections not applicable to certain engines and tractors
§ 33.2-213. Naming highways, bridges, interchanges, and other transportation facilities
§ 33.2-214. Transportation; Six-Year Improvement Program
§ 33.2-214.1. Statewide prioritization process for project selection
§ 33.2-214.3. Transparency in project selection in Planning District 8
§ 33.2-214.4. Statewide prioritization for the Commonwealth Mass Transit Fund
§ 33.2-215. Policies and operation of Departments
§ 33.2-216. Roadside memorials; penalty
§ 33.2-217. Prohibition of certain weeds and plants on highway rights-of-way
§ 33.2-218. Fees for participating in the Integrated Directional Sign Program
§ 33.2-219. Statements to be filed with Commonwealth Transportation Board by transit systems
§ 33.2-221. Other powers, duties, and responsibilities
§ 33.2-222. Commissioner of Highways
§ 33.2-223. General powers of Commissioner of Highways
§ 33.2-224. Employees; delegation of responsibilities
§ 33.2-225. Liaison duties with other organizations
§ 33.2-226. Authority to lease or convey airspace
§ 33.2-227. Defense of employees
§ 33.2-228. Agreements between Commissioner of Highways and certain localities
§ 33.2-229. Furnishing information regarding right-of-way transactions
§ 33.2-230. Written notice of decision to dispose of real property
§ 33.2-231. Establish community service landscaping program
§ 33.2-233. Gathering and reporting of information and statistics
§ 33.2-234. Construction by state or local employees
§ 33.2-237. Directional signs for certain educational institutions
§ 33.2-239. Providing highway detours
§ 33.2-240. Connections over shoulders of highways for intersecting private roads
§ 33.2-242. Replacing entrances destroyed in the repair or construction of highways
§ 33.2-243. Paying for damages sustained to personal property by reason of work projects, etc.
§ 33.2-244. Removal of snow and ice from public highways by private entities
§ 33.2-245. Comprehensive highway access management standards
§ 33.2-246. Recreational waysides; regulations; penalties
§ 33.2-247. Wetlands mitigation banking
§ 33.2-248. Expenditure of funds for interstate bridges and approaches
§ 33.2-249. Maintenance and operation of bridges or tunnels on the city and state line
§ 33.2-250. Improving certain private roads and certain town streets and roads
§ 33.2-251. Installation and maintenance of "children at play" signs in counties and towns
§ 33.2-252. Tramways and railways along or across public highways; appeals
§ 33.2-253. Highway safety corridor program
§ 33.2-254. Erection and maintenance of newspaper route boxes
§ 33.2-255. Sale or lease of properties acquired for highway construction
§ 33.2-256. Department of Transportation established
§ 33.2-257.1. Notice to be provided to property owners of pending transportation projects
§ 33.2-258. Environmental permits for highway projects; timely review
§ 33.2-259. Maintain drainage easements
§ 33.2-260. Specifications in purchasing lubricating motor oil
§ 33.2-261. Value engineering required in certain projects
§ 33.2-263. School bus stop signs or other indicators
§ 33.2-264. Livestock on right-of-way of the systems of state highways
§ 33.2-265. Comprehensive roadside management program
§ 33.2-266. Intermittent closing of highways subject to flooding; permits; notice
§ 33.2-267.1. Human trafficking hotline; posted notice required
§ 33.2-269. Localities may use design-build contracts
§ 33.2-270. Provide for training of certain local employees
§ 33.2-271. Maintain property acquired for construction of transportation projects
§ 33.2-272.1. Interstate pipelines; Department of Transportation oversight
§ 33.2-273. Use of steel plates in connection with highway repairs
§ 33.2-274. Application and installation of traffic control measures
§ 33.2-274.1. Roadside safety devices to be equipped with identification numbers
§ 33.2-275. Periodic quantitative rating of certain highways
§ 33.2-275.1. Primary evacuation routes; public information
§ 33.2-276. Noise abatement practices and technologies
§ 33.2-277. Sale of materials to, and use of equipment by, localities and school boards
§ 33.2-278. Facilities for persons desiring to fish from bridges
§ 33.2-280. Treatment of highway surfaces for dust control
§ 33.2-280.1. Charging electronic toll collection device fees
§ 33.2-282. Department of Rail and Public Transportation created; appointment of Director
§ 33.2-283. Powers and duties of the Director of the Department of Rail and Public Transportation
§ 33.2-284. General powers of the Department of Rail and Public Transportation
§ 33.2-285. Responsibilities of Department of Rail and Public Transportation
§ 33.2-286. Urban transit agency strategic plans
§ 33.2-288. Declaration of public purpose; Virginia Passenger Rail Authority
§ 33.2-289. Board of Directors
§ 33.2-290. Executive Director; agents and employees
§ 33.2-291. Local authorities subordinate to Authority
§ 33.2-292. Powers of the Authority
§ 33.2-293. Acquisition, possession, and disposition of rail facilities; eminent domain
§ 33.2-295. Deposit and investment of funds
§ 33.2-296. Revenues of the Authority
§ 33.2-297. Moneys of Authority
§ 33.2-299. Recordkeeping; audits
§ 33.2-299.1. Exemption of Authority from personnel and procurement procedures
§ 33.2-299.2. Police powers; Authority rules and regulations
§ 33.2-299.3. Governmental function; exemption from taxation
§ 33.2-299.4. Cooperation with federal agencies
§ 33.2-299.5. Continuing responsibilities of the Transportation Board and the Department