The local authorities shall continue to have the powers vested in them on June 20, 1932, for the establishment of new highways in their respective counties, which shall, upon such establishment, become parts of the secondary state highway system within such counties. They shall likewise have the power to alter or change the location of any highway now in the secondary state highway system within such counties or that may hereafter become a part of the secondary state highway system within such counties. The Commissioner of Highways shall be made a party to any proceeding before the local authorities for the establishment of any such highway or for the alteration or change of the location of any such highway. When any such board or commission appointed by the governing body of a county to view a proposed highway or to alter or change the location of an existing highway shall award damages for the right-of-way for the same, in either case to be paid in money, it may be paid by the governing body of the county out of the general county levy funds. No expenditure by the Commonwealth shall be required upon any new highway so established or any old road the location of which is altered or changed by the local authorities, except as may be approved by the Commissioner of Highways. If the property sought to be taken is for the easement or right-of-way, the plat shall reasonably indicate thereon any appurtenant right-of-way or easement for ingress and egress to and from the principal easement or right-of-way being taken.
As an alternative to the method of establishing or relocating a highway provided in the preceding paragraph, the Commissioner of Highways, by and with the approval of the Board and the governing body of a county, shall have power and authority to make such changes in routes in, and additions to, the secondary state highway system as the public safety or convenience may require.
The service of any process or notice in any such proceedings upon the district administrator of the Department having the supervision of maintenance and construction of highways in any such county shall be termed sufficient service on the Commissioner of Highways.
Code 1950, § 33-141; 1950, p. 726; 1970, c. 322, § 33.1-229; 1980, c. 441; 1984, c. 198; 2013, cc. 585, 646; 2014, c. 805.
Structure Code of Virginia
Title 33.2 - Highways and Other Surface Transportation Systems
Chapter 7 - Local Authority over Highways
§ 33.2-700. Transfer of highways, etc., from secondary state highway system to local authorities
§ 33.2-702. Gifts received by counties for construction, maintenance, etc., of secondary highways
§ 33.2-703. Funds for highways not in secondary state highway system
§ 33.2-704. Agreements between localities for construction and operation of toll facilities
§ 33.2-705. Continuance of powers of county authorities; alternative procedure
§ 33.2-708. Pay to viewers, commissioners, and engineers
§ 33.2-709. Consent of landowners
§ 33.2-710. Proceedings on report; notice to owners
§ 33.2-711. Guardian ad litem for persons under disability
§ 33.2-712. Defense allowed; what board may do
§ 33.2-713. Appointment of commissioners to assess damages
§ 33.2-714. Enhancement in value of residue
§ 33.2-715. Action of commissioners; report
§ 33.2-716. Appeal to circuit court
§ 33.2-717. Who shall pay costs, compensation, and damages
§ 33.2-719. Abandonment of certain highways and railway crossings
§ 33.2-720. Supervisors may issue process
§ 33.2-721. Compensation of clerk of board
§ 33.2-722. Discontinuance of gates on public highways
§ 33.2-723. Assumption of district highway indebtedness by counties