{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1005.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1005.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1005.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1005.html"}],"law_id":83207,"edition_id":1,"section_id":83207,"structure_id":14693,"section_number":"33.2-1005","catch_line":"Acquisition of real property that may be needed for transportation projects; sale of certain real property","history":"Code 1950, \u00a7 33-57.1; 1958, c. 345; 1964, c. 261; 1970, cc. 110, 322, \u00a7 33.1-90; 1972, c. 396; 1973, c. 430; 1983, c. 146; 1988, c. 80; 1992, c. 108; 1997, c. 93; 1998, c. 426; 2000, c. 998; 2014, c. 805.","full_text":"A\n\nWhen the Commissioner of Highways determines that any real property will be required in connection with the construction of a transportation project, or project as defined in § 33.2-1700, within a period not exceeding 12 years for the Interstate System or 10 years for any other highway system or transportation project from the time of such determination, and that it would be advantageous to the Commonwealth to acquire such real property, he may proceed to do so. The Commissioner of Highways may lease any real property so acquired to the owner from whom such real property is acquired, if requested by him, and, if not so requested, to another person upon such terms and conditions as in the judgment of the Commissioner of Highways may be in the public interest. If the transportation project contemplated, or project as defined in § 33.2-1700, has not been let to contract or construction has not commenced within a period of 20 years from the date of the acquisition of such property, and a need for the use of such property has not been determined for any alternative transportation project, then upon written demand of the owner, or his heirs or assigns, that is received (i) within 90 days from the expiration of such 20-year period or such extension as provided for in this section or (ii) within 30 days from publication of a notice of the intent of the Commissioner of Highways to dispose of such property in a newspaper of general circulation in the political subdivision in which the property is located and the Commissioner of Highways shall notify to the extent practical, the last known owner of said property by certified mail, that such property shall be reconveyed by the Commonwealth to such owner, or his heirs or assigns, upon repayment of the original purchase price, without interest. If the reconveyance is not concluded within six months from receipt by the Commissioner of Highways of a written demand, the reconveyance opportunity shall lapse. However, the 20-year limit established by this section within which the Department must let to contract or begin construction in order to avoid reconveyance shall be extended by the number of days of delay caused by litigation involving the project or by the failure of the Commonwealth to receive anticipated federal funds for such project. The 20-year limit may also be extended in those instances in which a project is included in the Six-Year Improvement Program of the Board or the Six-Year Improvement Program for secondary highways prepared by the county boards of supervisors and in which steps have been taken to move forward. No such reconveyance shall be required for rights-of-way acquired for future transportation improvements at the request of local governing bodies or for rights-of-way acquired for state construction designed to provide future additional lanes or other enhancements to existing transportation facilities.B\n\nIf any real property acquired under this article for use in connection with a transportation project is subsequently offered for sale by the Department and such property is suitable for independent development, the Department shall offer the property for sale at fair market value to the owner from whom it was acquired before such property is offered for sale to any other person. The Commissioner of Highways shall notify, to the extent practicable, the last known owner of such property by certified mail, and the owner shall have 30 days from the date of such notice to advise the Commissioner of Highways of his interest in purchasing the property. If the purchase of the property by the owner from whom it was acquired is not concluded within six months from receipt by the Commissioner of Highways of a written notice, the purchase opportunity shall lapse. The provisions of this subsection shall apply only to property to which the provisions of subsection A do not apply.C\n\nSubsection B shall not apply to Department projects carried out in cooperation with the United States Army Corps of Engineers as part of a nonstructural flood control project. If property acquired by the Commonwealth under this article in connection with a project is no longer needed by the Commonwealth for such project, such property shall be conveyed to the locality in which such project is located and used in connection with the redevelopment. If such property is not used for economic development, then the property shall revert to the Commonwealth and may be used for any purposes deemed appropriate, including resale.","order_by":null,"text":{"0":{"id":298118,"text":"When the Commissioner of Highways determines that any real property will be required in connection with the construction of a transportation project, or project as defined in § 33.2-1700, within a period not exceeding 12 years for the Interstate System or 10 years for any other highway system or transportation project from the time of such determination, and that it would be advantageous to the Commonwealth to acquire such real property, he may proceed to do so. The Commissioner of Highways may lease any real property so acquired to the owner from whom such real property is acquired, if requested by him, and, if not so requested, to another person upon such terms and conditions as in the judgment of the Commissioner of Highways may be in the public interest. If the transportation project contemplated, or project as defined in § 33.2-1700, has not been let to contract or construction has not commenced within a period of 20 years from the date of the acquisition of such property, and a need for the use of such property has not been determined for any alternative transportation project, then upon written demand of the owner, or his heirs or assigns, that is received (i) within 90 days from the expiration of such 20-year period or such extension as provided for in this section or (ii) within 30 days from publication of a notice of the intent of the Commissioner of Highways to dispose of such property in a newspaper of general circulation in the political subdivision in which the property is located and the Commissioner of Highways shall notify to the extent practical, the last known owner of said property by certified mail, that such property shall be reconveyed by the Commonwealth to such owner, or his heirs or assigns, upon repayment of the original purchase price, without interest. If the reconveyance is not concluded within six months from receipt by the Commissioner of Highways of a written demand, the reconveyance opportunity shall lapse. However, the 20-year limit established by this section within which the Department must let to contract or begin construction in order to avoid reconveyance shall be extended by the number of days of delay caused by litigation involving the project or by the failure of the Commonwealth to receive anticipated federal funds for such project. The 20-year limit may also be extended in those instances in which a project is included in the Six-Year Improvement Program of the Board or the Six-Year Improvement Program for secondary highways prepared by the county boards of supervisors and in which steps have been taken to move forward. No such reconveyance shall be required for rights-of-way acquired for future transportation improvements at the request of local governing bodies or for rights-of-way acquired for state construction designed to provide future additional lanes or other enhancements to existing transportation facilities.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":298119,"text":"If any real property acquired under this article for use in connection with a transportation project is subsequently offered for sale by the Department and such property is suitable for independent development, the Department shall offer the property for sale at fair market value to the owner from whom it was acquired before such property is offered for sale to any other person. The Commissioner of Highways shall notify, to the extent practicable, the last known owner of such property by certified mail, and the owner shall have 30 days from the date of such notice to advise the Commissioner of Highways of his interest in purchasing the property. If the purchase of the property by the owner from whom it was acquired is not concluded within six months from receipt by the Commissioner of Highways of a written notice, the purchase opportunity shall lapse. The provisions of this subsection shall apply only to property to which the provisions of subsection A do not apply.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":298120,"text":"Subsection B shall not apply to Department projects carried out in cooperation with the United States Army Corps of Engineers as part of a nonstructural flood control project. If property acquired by the Commonwealth under this article in connection with a project is no longer needed by the Commonwealth for such project, such property shall be conveyed to the locality in which such project is located and used in connection with the redevelopment. If such property is not used for economic development, then the property shall revert to the Commonwealth and may be used for any purposes deemed appropriate, including resale.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14693,"edition_id":1,"name":"Eminent Domain and Damages","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14692,"metadata":{},"date_created":"2026-06-26 03:49:23","date_modified":"2026-06-26 03:49:23","permalink":{"id":205373,"object_type":"structure","relational_id":14693,"identifier":"1","token":"33.2\/II\/10\/1","url":"\/33.2\/II\/10\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14692,"edition_id":1,"name":"Eminent Domain","identifier":"10","label":"chapter","depth":3,"order_by":1,"parent_id":12830,"metadata":{},"date_created":"2026-06-26 03:49:23","date_modified":"2026-06-26 03:49:23","permalink":{"id":205371,"object_type":"structure","relational_id":14692,"identifier":"10","token":"33.2\/II\/10","url":"\/33.2\/II\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12830,"edition_id":1,"name":"Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":205369,"object_type":"structure","relational_id":12830,"identifier":"II","token":"33.2\/II","url":"\/33.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12806,"edition_id":1,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":204785,"object_type":"structure","relational_id":12806,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71835,"structure_id":14693,"section_number":"33.2-1000","catch_line":"Definitions","url":"\/33.2-1000\/","token":"33.2\/II\/10\/1\/33.2-1000","metadata":false},{"id":68329,"structure_id":14693,"section_number":"33.2-1001","catch_line":"Power to acquire lands, etc.; conveyance to municipality after acquisition; property owners to be informed and briefed","url":"\/33.2-1001\/","token":"33.2\/II\/10\/1\/33.2-1001","metadata":false},{"id":86315,"structure_id":14693,"section_number":"33.2-1002","catch_line":"Limitation on power of eminent domain","url":"\/33.2-1002\/","token":"33.2\/II\/10\/1\/33.2-1002","metadata":false},{"id":79698,"structure_id":14693,"section_number":"33.2-1003","catch_line":"Additional power to acquire lands","url":"\/33.2-1003\/","token":"33.2\/II\/10\/1\/33.2-1003","metadata":false},{"id":75773,"structure_id":14693,"section_number":"33.2-1004","catch_line":"Plans for acquisition of rights-of-way","url":"\/33.2-1004\/","token":"33.2\/II\/10\/1\/33.2-1004","metadata":false},{"id":83207,"structure_id":14693,"section_number":"33.2-1005","catch_line":"Acquisition of real property that may be needed for transportation projects; sale of certain real property","url":"\/33.2-1005\/","token":"33.2\/II\/10\/1\/33.2-1005","metadata":false},{"id":67931,"structure_id":14693,"section_number":"33.2-1006","catch_line":"Reconveyance where property deemed suitable for mass transit purposes","url":"\/33.2-1006\/","token":"33.2\/II\/10\/1\/33.2-1006","metadata":false},{"id":69410,"structure_id":14693,"section_number":"33.2-1007","catch_line":"Authority to acquire entire tract of land, or parcel thereof, when only part to be utilized for highway purposes","url":"\/33.2-1007\/","token":"33.2\/II\/10\/1\/33.2-1007","metadata":false},{"id":66167,"structure_id":14693,"section_number":"33.2-1008","catch_line":"Authority to acquire land to replace parkland; applicability","url":"\/33.2-1008\/","token":"33.2\/II\/10\/1\/33.2-1008","metadata":false},{"id":72685,"structure_id":14693,"section_number":"33.2-1009","catch_line":"Acquisition of residue parcels declared to be in public interest","url":"\/33.2-1009\/","token":"33.2\/II\/10\/1\/33.2-1009","metadata":false},{"id":66916,"structure_id":14693,"section_number":"33.2-1010","catch_line":"Use and disposition of residue parcels of land","url":"\/33.2-1010\/","token":"33.2\/II\/10\/1\/33.2-1010","metadata":false},{"id":56630,"structure_id":14693,"section_number":"33.2-1011","catch_line":"Right to enter on land to ascertain its suitability for highway and other transportation purposes; damage resulting from such entry","url":"\/33.2-1011\/","token":"33.2\/II\/10\/1\/33.2-1011","metadata":false},{"id":73031,"structure_id":14693,"section_number":"33.2-1012","catch_line":"Limitations in Title 25.1 not applicable to Commissioner of Highways","url":"\/33.2-1012\/","token":"33.2\/II\/10\/1\/33.2-1012","metadata":false},{"id":63987,"structure_id":14693,"section_number":"33.2-1013","catch_line":"Notice of exercise of eminent domain power; evidence of value","url":"\/33.2-1013\/","token":"33.2\/II\/10\/1\/33.2-1013","metadata":false},{"id":75259,"structure_id":14693,"section_number":"33.2-1014","catch_line":"Acquisition of interests for exchange with railroad, public utility company, public service corporation or company, political subdivision, or cable television company; relocation of poles, lines, etc","url":"\/33.2-1014\/","token":"33.2\/II\/10\/1\/33.2-1014","metadata":false},{"id":64801,"structure_id":14693,"section_number":"33.2-1015","catch_line":"Acquisition of land in median of highways for public mass transit; disposition of such property","url":"\/33.2-1015\/","token":"33.2\/II\/10\/1\/33.2-1015","metadata":false},{"id":72918,"structure_id":14693,"section_number":"33.2-1016","catch_line":"Procedure in general; suits in name of Commissioner of Highways; survival; validation of suits; notice of filing","url":"\/33.2-1016\/","token":"33.2\/II\/10\/1\/33.2-1016","metadata":false},{"id":83976,"structure_id":14693,"section_number":"33.2-1017","catch_line":"Taking highway materials from streams, rivers, and watercourses","url":"\/33.2-1017\/","token":"33.2\/II\/10\/1\/33.2-1017","metadata":false},{"id":63633,"structure_id":14693,"section_number":"33.2-1018","catch_line":"Authority to take possession and title to property before or during condemnation; purpose and intent of provisions","url":"\/33.2-1018\/","token":"33.2\/II\/10\/1\/33.2-1018","metadata":false},{"id":79287,"structure_id":14693,"section_number":"33.2-1019","catch_line":"Payments into court or filing certificate of deposit before entering upon land","url":"\/33.2-1019\/","token":"33.2\/II\/10\/1\/33.2-1019","metadata":false},{"id":56332,"structure_id":14693,"section_number":"33.2-1020","catch_line":"Payment of certificates of deposit; recordation of certain certificates; notice to owner","url":"\/33.2-1020\/","token":"33.2\/II\/10\/1\/33.2-1020","metadata":false},{"id":59508,"structure_id":14693,"section_number":"33.2-1021","catch_line":"Recordation of certificates; transfer of title or interest; land situated in two or more counties or cities","url":"\/33.2-1021\/","token":"33.2\/II\/10\/1\/33.2-1021","metadata":false},{"id":72666,"structure_id":14693,"section_number":"33.2-1022","catch_line":"Certificates to describe land and list owner","url":"\/33.2-1022\/","token":"33.2\/II\/10\/1\/33.2-1022","metadata":false},{"id":79560,"structure_id":14693,"section_number":"33.2-1023","catch_line":"Proceedings for distribution of funds; effect of acceptance of payments; evidence as to amount of deposit or certificate","url":"\/33.2-1023\/","token":"33.2\/II\/10\/1\/33.2-1023","metadata":false},{"id":67298,"structure_id":14693,"section_number":"33.2-1024","catch_line":"Reformation, alteration, revision, amendment, or invalidation of certificate","url":"\/33.2-1024\/","token":"33.2\/II\/10\/1\/33.2-1024","metadata":false},{"id":81667,"structure_id":14693,"section_number":"33.2-1025","catch_line":"When condemnation proceedings instituted; payment of compensation or damages; order confirming award; recording","url":"\/33.2-1025\/","token":"33.2\/II\/10\/1\/33.2-1025","metadata":false},{"id":69987,"structure_id":14693,"section_number":"33.2-1026","catch_line":"Awards in greater or lesser amounts than deposit; interest","url":"\/33.2-1026\/","token":"33.2\/II\/10\/1\/33.2-1026","metadata":false},{"id":69653,"structure_id":14693,"section_number":"33.2-1027","catch_line":"Agreements as to compensation; petition and order of court thereon; disposition of deposit","url":"\/33.2-1027\/","token":"33.2\/II\/10\/1\/33.2-1027","metadata":false},{"id":83027,"structure_id":14693,"section_number":"33.2-1027.1","catch_line":"Distribution of funds to owner or owner's attorney","url":"\/33.2-1027.1\/","token":"33.2\/II\/10\/1\/33.2-1027.1","metadata":false},{"id":60410,"structure_id":14693,"section_number":"33.2-1028","catch_line":"Enhancement to be offset against damage","url":"\/33.2-1028\/","token":"33.2\/II\/10\/1\/33.2-1028","metadata":false},{"id":78337,"structure_id":14693,"section_number":"33.2-1029","catch_line":"Repealed","url":"\/33.2-1029\/","token":"33.2\/II\/10\/1\/33.2-1029","metadata":false},{"id":72451,"structure_id":14693,"section_number":"33.2-1029.1","catch_line":"Petition by owner for determination of just compensation","url":"\/33.2-1029.1\/","token":"33.2\/II\/10\/1\/33.2-1029.1","metadata":false},{"id":68699,"structure_id":14693,"section_number":"33.2-1030","catch_line":"Installation of broadband conduit","url":"\/33.2-1030\/","token":"33.2\/II\/10\/1\/33.2-1030","metadata":false}],"previous_section":{"id":75773,"structure_id":14693,"section_number":"33.2-1004","catch_line":"Plans for acquisition of rights-of-way","url":"\/33.2-1004\/","token":"33.2\/II\/10\/1\/33.2-1004","metadata":false},"next_section":{"id":67931,"structure_id":14693,"section_number":"33.2-1006","catch_line":"Reconveyance where property deemed suitable for mass transit purposes","url":"\/33.2-1006\/","token":"33.2\/II\/10\/1\/33.2-1006","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1005\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1958, chapter 345; in 1964, chapter 261; in 1970, chapters 110 and 322; in 1972, chapter 396; in 1973, chapter 430; in 1983, chapter 146; in 1988, chapter 80; in 1992, chapter 108; in 1997, chapter 93<\/a>; in 1998, chapter 426<\/a>; in 2000, chapter 998<\/a>; in 2014, chapter 805<\/a>.<\/p>","references":[{"id":86082,"section_number":"25.1-108","catch_line":"Offer to sell to former owner","order_by":null,"url":"\/25.1-108\/"},{"id":67931,"section_number":"33.2-1006","catch_line":"Reconveyance where property deemed suitable for mass transit purposes","order_by":null,"url":"\/33.2-1006\/"},{"id":66916,"section_number":"33.2-1010","catch_line":"Use and disposition of residue parcels of land","order_by":null,"url":"\/33.2-1010\/"}],"refers_to":[{"id":63551,"section_number":"33.2-1700","catch_line":"Definitions","order_by":null,"url":"\/33.2-1700\/"}],"permalink":{"id":205395,"object_type":"law","relational_id":83207,"identifier":"33.2-1005","token":"33.2\/II\/10\/1\/33.2-1005","url":"\/33.2-1005\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1005\/","token":"33.2\/II\/10\/1\/33.2-1005","dublin_core":{"Title":"Acquisition of real property that may be needed for transportation projects; sale of certain real property","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1005","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When the Commissioner of Highways<\/span> determines that any real property will be required in connection with the construction of a transportation project, or project as defined in § 33.2-1700<\/a>, within a period not exceeding 12 years for the Interstate System<\/span> or 10 years for any other highway<\/span> system or transportation project from the time of such determination, and that it would be advantageous to the Commonwealth to acquire such real property, he may proceed to do so. The Commissioner of Highways<\/span> may lease any real property so acquired to the owner<\/span> from whom such real property is acquired, if requested by him, and, if not so requested, to another person upon such terms and conditions as in the judgment<\/span> of the Commissioner of Highways<\/span> may be in the public interest. If the transportation project contemplated, or project as defined in § 33.2-1700<\/a>, has not been let to contract<\/span> or construction has not commenced within a period of 20 years from the date of the acquisition of such property, and a need for the use of such property has not been determined for any alternative transportation project, then upon written demand of the owner<\/span>, or his heirs or assigns, that is received (i) within 90 days from the expiration of such 20-year period or such extension as provided for in this section or (ii) within 30 days from publication of a notice of the intent<\/span> of the Commissioner of Highways<\/span> to dispose of such property in a newspaper of general circulation in the political subdivision in which the property is located and the Commissioner of Highways<\/span> shall notify to the extent practical, the last known owner<\/span> of said property by certified mail, that such property shall be reconveyed by the Commonwealth to such owner<\/span>, or his heirs or assigns, upon repayment of the original purchase price, without interest. If the reconveyance is not concluded within six months from receipt by the Commissioner of Highways<\/span> of a written demand, the reconveyance opportunity shall lapse. However, the 20-year limit established by this section within which the Department<\/span> must let to contract<\/span> or begin construction in order<\/span> to avoid reconveyance shall be extended by the number of days of delay caused by litigation<\/span> involving the project or by the failure of the Commonwealth to receive anticipated federal funds for such project. The 20-year limit may also be extended in those instances in which a project is included in the Six-Year Improvement Program of the Board<\/span> or the Six-Year Improvement Program for secondary highways<\/span> prepared by the county boards<\/span> of supervisors and in which steps have been taken to move forward. No such reconveyance shall be required for rights-of-way acquired for future transportation improvements at the request of local governing bodies or for rights-of-way acquired for state construction designed to provide future additional lanes or other enhancements to existing transportation facilities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If any real property acquired under this article for use in connection with a transportation project is subsequently offered for sale by the Department<\/span> and such property is suitable for independent development, the Department<\/span> shall offer the property for sale at fair market value to the owner<\/span> from whom it was acquired before such property is offered for sale to any other person. The Commissioner of Highways<\/span> shall notify, to the extent practicable, the last known owner<\/span> of such property by certified mail, and the owner<\/span> shall have 30 days from the date of such notice to advise the Commissioner of Highways<\/span> of his interest in purchasing the property. If the purchase of the property by the owner<\/span> from whom it was acquired is not concluded within six months from receipt by the Commissioner of Highways<\/span> of a written notice, the purchase opportunity shall lapse. The provisions of this subsection shall apply only to property to which the provisions of subsection A do not apply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Subsection B shall not apply to Department<\/span> projects carried out in cooperation with the United States Army Corps of Engineers as part of a nonstructural flood control project. If property acquired by the Commonwealth under this article in connection with a project is no longer needed by the Commonwealth for such project, such property shall be conveyed to the locality in which such project is located and used in connection with the redevelopment. If such property is not used for economic development, then the property shall revert to the Commonwealth and may be used for any purposes deemed appropriate, including resale. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACQUISITION OF REAL PROPERTY THAT MAY BE NEEDED FOR TRANSPORTATION PROJECTS;\nSALE OF CERTAIN REAL PROPERTY (\u00a7 33.2-1005)\n\nA. When the Commissioner of Highways determines that any real property will be\nrequired in connection with the construction of a transportation project, or\nproject as defined in § 33.2-1700, within a period not exceeding 12 years\nfor the Interstate System or 10 years for any other highway system or\ntransportation project from the time of such determination, and that it would be\nadvantageous to the Commonwealth to acquire such real property, he may proceed\nto do so. The Commissioner of Highways may lease any real property so acquired\nto the owner from whom such real property is acquired, if requested by him, and,\nif not so requested, to another person upon such terms and conditions as in the\njudgment of the Commissioner of Highways may be in the public interest. If the\ntransportation project contemplated, or project as defined in § 33.2-1700,\nhas not been let to contract or construction has not commenced within a period\nof 20 years from the date of the acquisition of such property, and a need for\nthe use of such property has not been determined for any alternative\ntransportation project, then upon written demand of the owner, or his heirs or\nassigns, that is received (i) within 90 days from the expiration of such 20-year\nperiod or such extension as provided for in this section or (ii) within 30 days\nfrom publication of a notice of the intent of the Commissioner of Highways to\ndispose of such property in a newspaper of general circulation in the political\nsubdivision in which the property is located and the Commissioner of Highways\nshall notify to the extent practical, the last known owner of said property by\ncertified mail, that such property shall be reconveyed by the Commonwealth to\nsuch owner, or his heirs or assigns, upon repayment of the original purchase\nprice, without interest. If the reconveyance is not concluded within six months\nfrom receipt by the Commissioner of Highways of a written demand, the\nreconveyance opportunity shall lapse. However, the 20-year limit established by\nthis section within which the Department must let to contract or begin\nconstruction in order to avoid reconveyance shall be extended by the number of\ndays of delay caused by litigation involving the project or by the failure of\nthe Commonwealth to receive anticipated federal funds for such project. The\n20-year limit may also be extended in those instances in which a project is\nincluded in the Six-Year Improvement Program of the Board or the Six-Year\nImprovement Program for secondary highways prepared by the county boards of\nsupervisors and in which steps have been taken to move forward. No such\nreconveyance shall be required for rights-of-way acquired for future\ntransportation improvements at the request of local governing bodies or for\nrights-of-way acquired for state construction designed to provide future\nadditional lanes or other enhancements to existing transportation facilities.\n\nB. If any real property acquired under this article for use in connection with a\ntransportation project is subsequently offered for sale by the Department and\nsuch property is suitable for independent development, the Department shall\noffer the property for sale at fair market value to the owner from whom it was\nacquired before such property is offered for sale to any other person. The\nCommissioner of Highways shall notify, to the extent practicable, the last known\nowner of such property by certified mail, and the owner shall have 30 days from\nthe date of such notice to advise the Commissioner of Highways of his interest\nin purchasing the property. If the purchase of the property by the owner from\nwhom it was acquired is not concluded within six months from receipt by the\nCommissioner of Highways of a written notice, the purchase opportunity shall\nlapse. The provisions of this subsection shall apply only to property to which\nthe provisions of subsection A do not apply.\n\nC. Subsection B shall not apply to Department projects carried out in\ncooperation with the United States Army Corps of Engineers as part of a\nnonstructural flood control project. If property acquired by the Commonwealth\nunder this article in connection with a project is no longer needed by the\nCommonwealth for such project, such property shall be conveyed to the locality\nin which such project is located and used in connection with the redevelopment.\nIf such property is not used for economic development, then the property shall\nrevert to the Commonwealth and may be used for any purposes deemed appropriate,\nincluding resale.\n\nHISTORY: Code 1950, \u00a7 33-57.1; 1958, c. 345; 1964, c. 261; 1970, cc. 110, 322,\n\u00a7 33.1-90; 1972, c. 396; 1973, c. 430; 1983, c. 146; 1988, c. 80; 1992, c. 108;\n1997, c. 93; 1998, c. 426; 2000, c. 998; 2014, c. 805.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}