A. For the purposes of this section:
"Cost of highway construction" includes the cost of relocating or removing utility facilities in connection with any project on the Interstate System or primary state highway system within counties.
"Cost of relocation or removal" includes the entire amount paid by such utility properly attributable to such relocation or removal after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility.
"Facility of a utility" includes pipes, mains, storm sewers, water lines, sanitary sewers, natural gas facilities, or other structures, equipment, and appliances.
B. Whenever the Board determines that it is necessary to relocate or remove any facility of a utility owned by (i) a county, (ii) a political subdivision of the Commonwealth or county, or (iii) a nonprofit, consumer-owned company, located in a county having a population of at least 32,000 but no more than 34,000, that (a) is exempt from income taxation under § 501(c)(3) of the Internal Revenue Code, (b) is organized to provide suitable drinking water, (c) has no assistance from investors, (d) does not pay dividends, and (e) does not sell stock to the general public, or storm sewers, water lines, natural gas facilities, or sanitary sewers owned by a city and extending into any county in, on, under, over, or along existing highways that are to be included within any project on the Interstate System or the primary state highway system within any county, the county or political subdivision of the Commonwealth or county, consumer-owned company, or city shall relocate or remove the same in accordance with the order of the Board. The cost of such relocation or removal including the cost of installing such facility in a new location, and the cost of any lands, or any rights or interest in lands, and any other rights required to accomplish such relocation or removal shall be ascertained and paid by the Board as a part of the cost of the project.
Code 1950, § 33-36.10; 1964, c. 353; 1970, c. 322, § 33.1-56; 1989, c. 46; 1998, c. 219; 1999, c. 942; 2014, c. 805.
Structure Code of Virginia
Title 33.2 - Highways and Other Surface Transportation Systems
§ 33.2-301. Contracts for maintenance of components of Interstate System
§ 33.2-302. Funds for establishment and maintenance of Interstate System, generally
§ 33.2-303. Portions of Interstate System within cities and towns
§ 33.2-306. Applicability of §§ 33.2-300 through 33.2-305 to toll projects
§ 33.2-307. Relocation or removal of utility facilities within projects on Interstate System
§ 33.2-309. Tolls for use of Interstate System components
§ 33.2-310. Primary state highway system
§ 33.2-311. Certain highways in parks included in primary state highway system
§ 33.2-312. Maintenance of highways, bridges, and toll facilities within state parks
§ 33.2-313. Maintenance of highways at state institutions
§ 33.2-316. Primary state highway system map
§ 33.2-317. Establishment, construction, and maintenance exclusively by Commonwealth; funds
§ 33.2-318. Bypasses through or around cities and towns
§ 33.2-319. Payments to cities and certain towns for maintenance of certain highways
§ 33.2-322. Counties may perform certain maintenance
§ 33.2-323. Approval of markings and traffic lights erected by towns
§ 33.2-324. Secondary state highway system; composition
§ 33.2-325. Certain school roads in secondary state highway system
§ 33.2-326. Control, supervision, and management of secondary state highway system components
§ 33.2-327. Design standards for secondary state highway system components
§ 33.2-328. Department of Transportation to install and maintain certain signs
§ 33.2-333. Emergency paving of unpaved secondary highways; notice and local concurrence
§ 33.2-334. Requirements for taking new streets into secondary state highway system
§ 33.2-335. Taking certain streets into secondary state highway system
§ 33.2-336. Funds allocated to counties for Rural Addition Program; street standards
§ 33.2-337. Contributions to primary or secondary state highway construction by counties
§ 33.2-338. Construction and improvement of primary or secondary highways by counties
§ 33.2-339. Maintenance, etc., of streets and highways in certain towns from secondary funds
§ 33.2-340. Maintenance, etc., by Commissioner of Highways when no request for allocation
§ 33.2-341. Maps of secondary state highway system
§ 33.2-342. Resumption of responsibility for secondary state highways by counties
§ 33.2-343. Return after withdrawal from secondary state highway system
§ 33.2-344. Election to determine return to the secondary state highway system
§ 33.2-345. Effect of election to determine return to the secondary state highway system
§ 33.2-346. Machinery, etc., owned by returning county
§ 33.2-347. Minimum street and highway standards for certain towns
§ 33.2-349. Character of signs, markings, and signals
§ 33.2-350. Landscape studies for urban highway construction projects
§ 33.2-351. Definition of "allocation."
§ 33.2-352. Asset management practices; report
§ 33.2-353. Commonwealth Transportation Board to develop and update Statewide Transportation Plan
§ 33.2-354. Commonwealth Transportation Board to develop and update Statewide Pedestrian Policy
§ 33.2-355. Goals for addressing transportation needs of populations with limited mobility
§ 33.2-356. Funding for extraordinary repairs
§ 33.2-357. Revenue-sharing funds for systems in certain localities
§ 33.2-358. Allocation of funds to programs
§ 33.2-359. Unpaved secondary highway funds
§ 33.2-360. Allocation of funds for interstate match
§ 33.2-363. Construction of U.S. Route 29 bypass
§ 33.2-367. Highway aid to mass transit
§ 33.2-368. Financial plans for transportation construction projects
§ 33.2-369. State of good repair
§ 33.2-370. High-priority projects program
§ 33.2-371. Highway construction district grant programs
§ 33.2-372. Interstate Operations and Enhancement Program