{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1016.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1016.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1016.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1016.html"}],"law_id":72918,"edition_id":1,"section_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","history":"Code 1950, \u00a7 33-59; 1960, c. 491; 1964, c. 383; 1970, c. 322, \u00a7 33.1-98; 1972, c. 765; 2003, c. 940; 2014, c. 805; 2022, c. 735.","full_text":"A\n\nProceedings for condemnation under this article shall be instituted and conducted in accordance with the procedures provided in Chapter 2 (&#xA7; 25.1-200 et seq.) of Title 25.1, except that the provisions of &#xA7;&#xA7; 33.2-1018 through 33.2-1029.1 shall be applicable to such proceedings.B\n\nAll 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\n\nIn 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 &#xA7; 33.2-1208.","order_by":null,"text":{"0":{"id":262667,"text":"Proceedings for condemnation under this article shall be instituted and conducted in accordance with the procedures provided in Chapter 2 (&#xA7; 25.1-200 et seq.) of Title 25.1, except that the provisions of &#xA7;&#xA7; 33.2-1018 through 33.2-1029.1 shall be applicable to such proceedings.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":262668,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":262669,"text":"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 &#xA7; 33.2-1208.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1016\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 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 1960, chapter 491; in 1964, chapter 383; in 1970, chapter 322; in 1972, chapter 765; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0940\">940<\/a>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0805\">805<\/a>; in 2022, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0735\">735<\/a>.<\/p>","references":false,"refers_to":[{"id":62316,"section_number":"25.1-200","catch_line":"Chapter controls condemnation proceedings","order_by":null,"url":"\/25.1-200\/"},{"id":63633,"section_number":"33.2-1018","catch_line":"Authority to take possession and title to property before or during condemnation; purpose and intent of provisions","order_by":null,"url":"\/33.2-1018\/"},{"id":72451,"section_number":"33.2-1029.1","catch_line":"Petition by owner for determination of just compensation","order_by":null,"url":"\/33.2-1029.1\/"},{"id":83618,"section_number":"33.2-1208","catch_line":"Permits required","order_by":null,"url":"\/33.2-1208\/"}],"permalink":{"id":205439,"object_type":"law","relational_id":72918,"identifier":"33.2-1016","token":"33.2\/II\/10\/1\/33.2-1016","url":"\/33.2-1016\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1016\/","token":"33.2\/II\/10\/1\/33.2-1016","dublin_core":{"Title":"Procedure in general; suits in name of Commissioner of Highways; survival; validation of suits; notice of filing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1016","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Proceedings for condemnation under this article shall be instituted and conducted in accordance with the procedures provided in Chapter 2 (&#xA7; <a class=\"law\" title=\"Chapter controls condemnation proceedings\" href=\"\/25.1-200\/\">25.1-200<\/a> et seq.) of Title 25.1, except that the provisions of &#xA7;&#xA7; <a class=\"law\" title=\"Authority to take possession and title to property before or during condemnation; purpose and intent of provisions\" href=\"\/33.2-1018\/\">33.2-1018<\/a> through <a class=\"law\" title=\"Petition by owner for determination of just compensation\" href=\"\/33.2-1029.1\/\">33.2-1029.1<\/a> shall be applicable to such proceedings. <a id=\"paragraph-262667\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1016\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> All suits shall be instituted and conducted in the name of the <span class=\"dictionary\">Commissioner of Highways<\/span> as petitioner without naming the individual who may be such <span class=\"dictionary\">Commissioner of Highways<\/span> or acting <span class=\"dictionary\">Commissioner of Highways<\/span>. In the event of the death, removal, retirement, or resignation of the <span class=\"dictionary\">Commissioner of Highways<\/span> or acting <span class=\"dictionary\">Commissioner of Highways<\/span>, the suit shall automatically survive to a successor <span class=\"dictionary\">Commissioner of Highways<\/span> or acting <span class=\"dictionary\">Commissioner of Highways<\/span>. All suits heretofore filed in accordance with the provisions of this section are hereby ratified, validated, and confirmed. <a id=\"paragraph-262668\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1016\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> In addition to any other notices required to be served pursuant to this section, in any proceeding instituted by the <span class=\"dictionary\">Commissioner of Highways<\/span> under this title, a copy of the notice of the filing of the <span class=\"dictionary\">petition<\/span> also shall be served, in the same manner as such notice is served upon <span class=\"dictionary\">owners<\/span>, upon any person owning structures or improvements for which an outdoor advertising permit has been issued by the <span class=\"dictionary\">Commissioner of Highways<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Permits required\" href=\"\/33.2-1208\/\">33.2-1208<\/a>. <a id=\"paragraph-262669\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-1016\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPROCEDURE IN GENERAL; SUITS IN NAME OF COMMISSIONER OF HIGHWAYS; SURVIVAL;\nVALIDATION OF SUITS; NOTICE OF FILING (\u00a7 33.2-1016)\n\nA. Proceedings for condemnation under this article shall be instituted and\nconducted in accordance with the procedures provided in Chapter 2 (&#xA7;\n25.1-200 et seq.) of Title 25.1, except that the provisions of &#xA7;&#xA7;\n33.2-1018 through 33.2-1029.1 shall be applicable to such proceedings.\n\nB. All suits shall be instituted and conducted in the name of the Commissioner\nof Highways as petitioner without naming the individual who may be such\nCommissioner of Highways or acting Commissioner of Highways. In the event of the\ndeath, removal, retirement, or resignation of the Commissioner of Highways or\nacting Commissioner of Highways, the suit shall automatically survive to a\nsuccessor Commissioner of Highways or acting Commissioner of Highways. All suits\nheretofore filed in accordance with the provisions of this section are hereby\nratified, validated, and confirmed.\n\nC. In addition to any other notices required to be served pursuant to this\nsection, in any proceeding instituted by the Commissioner of Highways under this\ntitle, a copy of the notice of the filing of the petition also shall be served,\nin the same manner as such notice is served upon owners, upon any person owning\nstructures or improvements for which an outdoor advertising permit has been\nissued by the Commissioner of Highways pursuant to &#xA7; 33.2-1208.\n\nHISTORY: Code 1950, \u00a7 33-59; 1960, c. 491; 1964, c. 383; 1970, c. 322, \u00a7\n33.1-98; 1972, c. 765; 2003, c. 940; 2014, c. 805; 2022, c. 735.","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}}