{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1807.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1807.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1807.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1807.html"}],"law_id":60775,"edition_id":1,"section_id":60775,"structure_id":13500,"section_number":"33.2-1807","catch_line":"Powers and duties of the private entity","history":"1994, c. 855, \u00a7 56-565; 1995, c. 647; 2002, c. 593; 2005, cc. 504, 562; 2008, cc. 602, 838; 2014, c. 805; 2015, c. 681; 2018, cc. 350, 351.","full_text":"A\n\nThe private entity shall have all power allowed by law generally to a private entity having the same form of organization as the private entity and shall have the power to develop and\/or operate the qualifying transportation facility and impose user fees and\/or enter into service contracts in connection with the use thereof. However, no tolls or user fees may be imposed by the private entity on Interstate 81 without the prior approval of the General Assembly. Prior approval of the General Assembly shall also be required prior to the imposition or collection of any toll for use of Interstate 95 south of Fredericksburg pursuant to the Interstate System Reconstruction or Rehabilitation Pilot Program. No private entity may operate a rest area, as defined in § 33.2-1200, for commercial purposes without the prior approval of the General Assembly.B\n\nThe private entity may own, lease, or acquire any other right to use or develop and\/or operate the qualifying transportation facility.C\n\nSubject to applicable permit requirements, the private entity shall have the authority to cross any canal or navigable watercourse so long as the crossing does not unreasonably interfere with then current navigation and use of the waterway.D\n\nIn operating the qualifying transportation facility, the private entity may:1\n\nMake classifications according to reasonable categories for assessment of user fees; and2\n\nWith the consent of the responsible public entity, make and enforce reasonable rules to the same extent that the responsible public entity may make and enforce rules with respect to a similar transportation facility.E\n\nThe private entity shall:1\n\nDevelop and\/or operate the qualifying transportation facility in a manner that meets the standards of the responsible public entity for transportation facilities operated and maintained by such responsible public entity, all in accordance with the provisions of the interim agreement or the comprehensive agreement;2\n\nKeep the qualifying transportation facility open for use by the members of the public in accordance with the terms and conditions of the interim or comprehensive agreement after its initial opening upon payment of the applicable user fees and\/or service payments, provided that the qualifying transportation facility may be temporarily closed because of emergencies or, with the consent of the responsible public entity, to protect the safety of the public or for reasonable construction or maintenance procedures;3\n\nMaintain, or provide by contract for the maintenance of, the qualifying transportation facility;4\n\nCooperate with the responsible public entity in establishing any interconnection with the qualifying transportation facility requested by the responsible public entity; and5\n\nComply with the provisions of the interim or comprehensive agreement and any service contract.","order_by":null,"text":{"0":{"id":222182,"text":"The private entity shall have all power allowed by law generally to a private entity having the same form of organization as the private entity and shall have the power to develop and\/or operate the qualifying transportation facility and impose user fees and\/or enter into service contracts in connection with the use thereof. However, no tolls or user fees may be imposed by the private entity on Interstate 81 without the prior approval of the General Assembly. Prior approval of the General Assembly shall also be required prior to the imposition or collection of any toll for use of Interstate 95 south of Fredericksburg pursuant to the Interstate System Reconstruction or Rehabilitation Pilot Program. No private entity may operate a rest area, as defined in § 33.2-1200, for commercial purposes without the prior approval of the General Assembly.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":222183,"text":"The private entity may own, lease, or acquire any other right to use or develop and\/or operate the qualifying transportation facility.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":222184,"text":"Subject to applicable permit requirements, the private entity shall have the authority to cross any canal or navigable watercourse so long as the crossing does not unreasonably interfere with then current navigation and use of the waterway.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":222185,"text":"In operating the qualifying transportation facility, the private entity may:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":222186,"text":"Make classifications according to reasonable categories for assessment of user fees; and","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":222187,"text":"With the consent of the responsible public entity, make and enforce reasonable rules to the same extent that the responsible public entity may make and enforce rules with respect to a similar transportation facility.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"E"},"6":{"id":222188,"text":"The private entity shall:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2","next_prefix":"E1"},"7":{"id":222189,"text":"Develop and\/or operate the qualifying transportation facility in a manner that meets the standards of the responsible public entity for transportation facilities operated and maintained by such responsible public entity, all in accordance with the provisions of the interim agreement or the comprehensive agreement;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"8":{"id":222190,"text":"Keep the qualifying transportation facility open for use by the members of the public in accordance with the terms and conditions of the interim or comprehensive agreement after its initial opening upon payment of the applicable user fees and\/or service payments, provided that the qualifying transportation facility may be temporarily closed because of emergencies or, with the consent of the responsible public entity, to protect the safety of the public or for reasonable construction or maintenance procedures;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"9":{"id":222191,"text":"Maintain, or provide by contract for the maintenance of, the qualifying transportation facility;","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"10":{"id":222192,"text":"Cooperate with the responsible public entity in establishing any interconnection with the qualifying transportation facility requested by the responsible public entity; and","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"E5"},"11":{"id":222193,"text":"Comply with the provisions of the interim or comprehensive agreement and any service contract.","type":"section","prefixes":["E","5"],"prefix":"5","entire_prefix":"E5","prefix_anchor":"E5","level":2,"prior_prefix":"E4"}},"ancestry":[{"id":13500,"edition_id":1,"name":"Public-Private Transportation Act of 1995","identifier":"18","label":"chapter","depth":3,"order_by":1,"parent_id":13146,"metadata":{},"date_created":"2026-06-26 03:45:04","date_modified":"2026-06-26 03:45:04","permalink":{"id":206817,"object_type":"structure","relational_id":13500,"identifier":"18","token":"33.2\/III\/18","url":"\/33.2\/III\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13146,"edition_id":1,"name":"Transportation Funding and Development","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":206483,"object_type":"structure","relational_id":13146,"identifier":"III","token":"33.2\/III","url":"\/33.2\/III\/","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":58174,"structure_id":13500,"section_number":"33.2-1800","catch_line":"Definitions","url":"\/33.2-1800\/","token":"33.2\/III\/18\/33.2-1800","metadata":false},{"id":54467,"structure_id":13500,"section_number":"33.2-1801","catch_line":"Policy","url":"\/33.2-1801\/","token":"33.2\/III\/18\/33.2-1801","metadata":false},{"id":71783,"structure_id":13500,"section_number":"33.2-1802","catch_line":"Prerequisite for operation","url":"\/33.2-1802\/","token":"33.2\/III\/18\/33.2-1802","metadata":false},{"id":87041,"structure_id":13500,"section_number":"33.2-1803","catch_line":"Approval by the responsible public entity","url":"\/33.2-1803\/","token":"33.2\/III\/18\/33.2-1803","metadata":false},{"id":82571,"structure_id":13500,"section_number":"33.2-1803.1","catch_line":"Finding of public interest","url":"\/33.2-1803.1\/","token":"33.2\/III\/18\/33.2-1803.1","metadata":false},{"id":68237,"structure_id":13500,"section_number":"33.2-1803.1:1","catch_line":"Public sector analysis and competition","url":"\/33.2-1803.1_1\/","token":"33.2\/III\/18\/33.2-1803.1_1","metadata":false},{"id":80775,"structure_id":13500,"section_number":"33.2-1803.2","catch_line":"Transportation Public-Private Partnership Steering Committee","url":"\/33.2-1803.2\/","token":"33.2\/III\/18\/33.2-1803.2","metadata":false},{"id":85932,"structure_id":13500,"section_number":"33.2-1804","catch_line":"Service contracts","url":"\/33.2-1804\/","token":"33.2\/III\/18\/33.2-1804","metadata":false},{"id":65908,"structure_id":13500,"section_number":"33.2-1805","catch_line":"Affected localities or public entities","url":"\/33.2-1805\/","token":"33.2\/III\/18\/33.2-1805","metadata":false},{"id":84826,"structure_id":13500,"section_number":"33.2-1806","catch_line":"Dedication of public property","url":"\/33.2-1806\/","token":"33.2\/III\/18\/33.2-1806","metadata":false},{"id":60775,"structure_id":13500,"section_number":"33.2-1807","catch_line":"Powers and duties of the private entity","url":"\/33.2-1807\/","token":"33.2\/III\/18\/33.2-1807","metadata":false},{"id":67786,"structure_id":13500,"section_number":"33.2-1808","catch_line":"Comprehensive agreement","url":"\/33.2-1808\/","token":"33.2\/III\/18\/33.2-1808","metadata":false},{"id":84012,"structure_id":13500,"section_number":"33.2-1809","catch_line":"Interim agreement","url":"\/33.2-1809\/","token":"33.2\/III\/18\/33.2-1809","metadata":false},{"id":86910,"structure_id":13500,"section_number":"33.2-1810","catch_line":"Multiple public entities","url":"\/33.2-1810\/","token":"33.2\/III\/18\/33.2-1810","metadata":false},{"id":76088,"structure_id":13500,"section_number":"33.2-1811","catch_line":"Federal, state, and local assistance","url":"\/33.2-1811\/","token":"33.2\/III\/18\/33.2-1811","metadata":false},{"id":74906,"structure_id":13500,"section_number":"33.2-1812","catch_line":"Financing","url":"\/33.2-1812\/","token":"33.2\/III\/18\/33.2-1812","metadata":false},{"id":80530,"structure_id":13500,"section_number":"33.2-1813","catch_line":"Material default; remedies","url":"\/33.2-1813\/","token":"33.2\/III\/18\/33.2-1813","metadata":false},{"id":67019,"structure_id":13500,"section_number":"33.2-1814","catch_line":"Condemnation","url":"\/33.2-1814\/","token":"33.2\/III\/18\/33.2-1814","metadata":false},{"id":73567,"structure_id":13500,"section_number":"33.2-1815","catch_line":"Utility crossings","url":"\/33.2-1815\/","token":"33.2\/III\/18\/33.2-1815","metadata":false},{"id":79555,"structure_id":13500,"section_number":"33.2-1816","catch_line":"Police powers; violations of law","url":"\/33.2-1816\/","token":"33.2\/III\/18\/33.2-1816","metadata":false},{"id":82536,"structure_id":13500,"section_number":"33.2-1817","catch_line":"Dedication of assets","url":"\/33.2-1817\/","token":"33.2\/III\/18\/33.2-1817","metadata":false},{"id":80098,"structure_id":13500,"section_number":"33.2-1818","catch_line":"Sovereign immunity","url":"\/33.2-1818\/","token":"33.2\/III\/18\/33.2-1818","metadata":false},{"id":72301,"structure_id":13500,"section_number":"33.2-1819","catch_line":"Procurement","url":"\/33.2-1819\/","token":"33.2\/III\/18\/33.2-1819","metadata":false},{"id":55286,"structure_id":13500,"section_number":"33.2-1820","catch_line":"Posting of conceptual proposals; public comment; public access to procurement records","url":"\/33.2-1820\/","token":"33.2\/III\/18\/33.2-1820","metadata":false},{"id":71227,"structure_id":13500,"section_number":"33.2-1821","catch_line":"Jurisdiction","url":"\/33.2-1821\/","token":"33.2\/III\/18\/33.2-1821","metadata":false},{"id":76828,"structure_id":13500,"section_number":"33.2-1822","catch_line":"Contributions and gifts; prohibition during approval process","url":"\/33.2-1822\/","token":"33.2\/III\/18\/33.2-1822","metadata":false},{"id":75555,"structure_id":13500,"section_number":"33.2-1823","catch_line":"Preservation of the Virginia Highway Corporation Act of 1988","url":"\/33.2-1823\/","token":"33.2\/III\/18\/33.2-1823","metadata":false},{"id":69769,"structure_id":13500,"section_number":"33.2-1824","catch_line":"Repealed","url":"\/33.2-1824\/","token":"33.2\/III\/18\/33.2-1824","metadata":false}],"previous_section":{"id":84826,"structure_id":13500,"section_number":"33.2-1806","catch_line":"Dedication of public property","url":"\/33.2-1806\/","token":"33.2\/III\/18\/33.2-1806","metadata":false},"next_section":{"id":67786,"structure_id":13500,"section_number":"33.2-1808","catch_line":"Comprehensive agreement","url":"\/33.2-1808\/","token":"33.2\/III\/18\/33.2-1808","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1807\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 855<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. 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 1995, chapter 647<\/a>; in 2002, chapter 593<\/a>; in 2005, chapters 504<\/a> and 562<\/a>; in 2008, chapters 602<\/a> and 838<\/a>; in 2014, chapter 805<\/a>; in 2015, chapter 681<\/a>; in 2018, chapters 350<\/a> and 351<\/a>.<\/p>","references":[{"id":58174,"section_number":"33.2-1800","catch_line":"Definitions","order_by":null,"url":"\/33.2-1800\/"}],"refers_to":[{"id":68297,"section_number":"33.2-1200","catch_line":"Policy; definitions","order_by":null,"url":"\/33.2-1200\/"}],"permalink":{"id":206859,"object_type":"law","relational_id":60775,"identifier":"33.2-1807","token":"33.2\/III\/18\/33.2-1807","url":"\/33.2-1807\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1807\/","token":"33.2\/III\/18\/33.2-1807","dublin_core":{"Title":"Powers and duties of the private entity","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1807","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The private entity<\/span> shall have all power allowed by law<\/span> generally to a private entity<\/span> having the same form of organization as the private entity<\/span> and shall have the power to develop<\/span> and\/or operate<\/span> the qualifying transportation facility<\/span> and impose user fees<\/span> and\/or enter into service contracts<\/span> in connection with the use thereof. However, no tolls or user fees<\/span> may be imposed by the private entity<\/span> on Interstate 81 without the prior approval of the General Assembly. Prior approval of the General Assembly shall also be required prior to the imposition or collection of any toll for use of Interstate 95 south of Fredericksburg pursuant to the Interstate System<\/span> Reconstruction or Rehabilitation Pilot Program. No private entity<\/span> may operate<\/span> a rest area, as defined in § 33.2-1200<\/a>, for commercial purposes without the prior approval of the General Assembly. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The private entity<\/span> may own, lease, or acquire any other right to use or develop<\/span> and\/or operate<\/span> the qualifying transportation facility<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Subject to applicable permit requirements, the private entity<\/span> shall have the authority to cross any canal or navigable watercourse so long as the crossing does not unreasonably interfere with then current navigation and use of the waterway. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In operating the qualifying transportation facility<\/span>, the private entity<\/span> may: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Make classifications according to reasonable categories for assessment of user fees<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> With the consent of the responsible public entity<\/span>, make and enforce reasonable rules to the same extent that the responsible public entity<\/span> may make and enforce rules with respect to a similar transportation facility. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The private entity<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Develop<\/span> and\/or operate<\/span> the qualifying transportation facility<\/span> in a manner that meets the standards of the responsible public entity<\/span> for transportation facilities operated and maintained by such responsible public entity<\/span>, all in accordance with the provisions of the interim agreement<\/span> or the comprehensive agreement<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Keep the qualifying transportation facility<\/span> open for use by the members of the public in accordance with the terms and conditions of the interim or comprehensive agreement<\/span> after its initial opening upon payment of the applicable user fees<\/span> and\/or service payments<\/span>, provided that the qualifying transportation facility<\/span> may be temporarily closed because of emergencies or, with the consent of the responsible public entity<\/span>, to protect the safety of the public or for reasonable construction or maintenance<\/span> procedures; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Maintain, or provide by contract<\/span> for the maintenance<\/span> of, the qualifying transportation facility<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Cooperate with the responsible public entity<\/span> in establishing any interconnection with the qualifying transportation facility<\/span> requested by the responsible public entity<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Comply with the provisions of the interim or comprehensive agreement<\/span> and any service contract<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF THE PRIVATE ENTITY (\u00a7 33.2-1807)\n\nA. The private entity shall have all power allowed by law generally to a private\nentity having the same form of organization as the private entity and shall have\nthe power to develop and\/or operate the qualifying transportation facility and\nimpose user fees and\/or enter into service contracts in connection with the use\nthereof. However, no tolls or user fees may be imposed by the private entity on\nInterstate 81 without the prior approval of the General Assembly. Prior approval\nof the General Assembly shall also be required prior to the imposition or\ncollection of any toll for use of Interstate 95 south of Fredericksburg pursuant\nto the Interstate System Reconstruction or Rehabilitation Pilot Program. No\nprivate entity may operate a rest area, as defined in § 33.2-1200, for\ncommercial purposes without the prior approval of the General Assembly.\n\nB. The private entity may own, lease, or acquire any other right to use or\ndevelop and\/or operate the qualifying transportation facility.\n\nC. Subject to applicable permit requirements, the private entity shall have the\nauthority to cross any canal or navigable watercourse so long as the crossing\ndoes not unreasonably interfere with then current navigation and use of the\nwaterway.\n\nD. In operating the qualifying transportation facility, the private entity may:\n\n 1. Make classifications according to reasonable categories for assessment of\n user fees; and\n\n 2. With the consent of the responsible public entity, make and enforce\n reasonable rules to the same extent that the responsible public entity may\n make and enforce rules with respect to a similar transportation facility.\n\nE. The private entity shall:\n\n 1. Develop and\/or operate the qualifying transportation facility in a manner\n that meets the standards of the responsible public entity for transportation\n facilities operated and maintained by such responsible public entity, all in\n accordance with the provisions of the interim agreement or the comprehensive\n agreement;\n\n 2. Keep the qualifying transportation facility open for use by the members of\n the public in accordance with the terms and conditions of the interim or\n comprehensive agreement after its initial opening upon payment of the\n applicable user fees and\/or service payments, provided that the qualifying\n transportation facility may be temporarily closed because of emergencies or,\n with the consent of the responsible public entity, to protect the safety of\n the public or for reasonable construction or maintenance procedures;\n\n 3. Maintain, or provide by contract for the maintenance of, the qualifying\n transportation facility;\n\n 4. Cooperate with the responsible public entity in establishing any\n interconnection with the qualifying transportation facility requested by the\n responsible public entity; and\n\n 5. Comply with the provisions of the interim or comprehensive agreement and\n any service contract.\n\nHISTORY: 1994, c. 855, \u00a7 56-565; 1995, c. 647; 2002, c. 593; 2005, cc. 504,\n562; 2008, cc. 602, 838; 2014, c. 805; 2015, c. 681; 2018, cc. 350, 351.","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}}