{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1813.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1813.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1813.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1813.html"}],"law_id":80530,"edition_id":1,"section_id":80530,"structure_id":13500,"section_number":"33.2-1813","catch_line":"Material default; remedies","history":"1994, c. 855, \u00a7 56-568; 1995, c. 647; 2005, cc. 504, 562; 2014, c. 805.","full_text":"A\n\nUpon the occurrence and during the continuation of material default, the responsible public entity may exercise any or all of the following remedies:1\n\nThe responsible public entity may elect to take over the transportation facility or facilities and in such case shall succeed to all of the right, title, and interest in such transportation facility or facilities, subject to any liens on revenues previously granted by the private entity to any person providing financing therefor.2\n\nThe responsible public entity may terminate the interim or comprehensive agreement and exercise any other rights and remedies that may be available at law or in equity.3\n\nThe responsible public entity may make or cause to be made any appropriate claims under the performance and\/or payment bonds required by § 33.2-1808.B\n\nIn the event the responsible public entity elects to take over a qualifying transportation facility pursuant to subsection A, the responsible public entity may develop and\/or operate the qualifying transportation facility, impose user fees for the use thereof, and comply with any service contracts as if it were the private entity. Any revenues that are subject to a lien shall be collected for the benefit of, and paid to, secured parties, as their interests may appear, to the extent necessary to satisfy the private entity’s obligations to secured parties, including the maintenance of reserves, and such liens shall be correspondingly reduced and, when paid off, released. Before any payments to, or for the benefit of, secured parties, the responsible public entity may use revenues to pay current operation and maintenance costs of the qualifying transportation facility or facilities, including compensation to the responsible public entity for its services in operating and maintaining the qualifying transportation facility. Remaining revenues, if any, after all payments for operation and maintenance of the transportation facility or facilities, and to, or for the benefit of, secured parties, have been made, shall be paid to the private entity, subject to the negotiated maximum rate of return. The right to receive such payment, if any, shall be considered just compensation for the transportation facility or facilities. The full faith and credit of the responsible public entity shall not be pledged to secure any financing of the private entity by the election to take over the qualifying transportation facility. Assumption of operation of the qualifying transportation facility shall not obligate the responsible public entity to pay any obligation of the private entity from sources other than revenues.","order_by":null,"text":{"0":{"id":288503,"text":"Upon the occurrence and during the continuation of material default, the responsible public entity may exercise any or all of the following remedies:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":288504,"text":"The responsible public entity may elect to take over the transportation facility or facilities and in such case shall succeed to all of the right, title, and interest in such transportation facility or facilities, subject to any liens on revenues previously granted by the private entity to any person providing financing therefor.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":288505,"text":"The responsible public entity may terminate the interim or comprehensive agreement and exercise any other rights and remedies that may be available at law or in equity.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":288506,"text":"The responsible public entity may make or cause to be made any appropriate claims under the performance and\/or payment bonds required by § 33.2-1808.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":288507,"text":"In the event the responsible public entity elects to take over a qualifying transportation facility pursuant to subsection A, the responsible public entity may develop and\/or operate the qualifying transportation facility, impose user fees for the use thereof, and comply with any service contracts as if it were the private entity. Any revenues that are subject to a lien shall be collected for the benefit of, and paid to, secured parties, as their interests may appear, to the extent necessary to satisfy the private entity’s obligations to secured parties, including the maintenance of reserves, and such liens shall be correspondingly reduced and, when paid off, released. Before any payments to, or for the benefit of, secured parties, the responsible public entity may use revenues to pay current operation and maintenance costs of the qualifying transportation facility or facilities, including compensation to the responsible public entity for its services in operating and maintaining the qualifying transportation facility. Remaining revenues, if any, after all payments for operation and maintenance of the transportation facility or facilities, and to, or for the benefit of, secured parties, have been made, shall be paid to the private entity, subject to the negotiated maximum rate of return. The right to receive such payment, if any, shall be considered just compensation for the transportation facility or facilities. The full faith and credit of the responsible public entity shall not be pledged to secure any financing of the private entity by the election to take over the qualifying transportation facility. Assumption of operation of the qualifying transportation facility shall not obligate the responsible public entity to pay any obligation of the private entity from sources other than revenues.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1813\/","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 3 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 2005, chapters 504<\/a> and 562<\/a>; in 2014, chapter 805<\/a>.<\/p>","references":[{"id":67019,"section_number":"33.2-1814","catch_line":"Condemnation","order_by":null,"url":"\/33.2-1814\/"}],"refers_to":false,"permalink":{"id":206883,"object_type":"law","relational_id":80530,"identifier":"33.2-1813","token":"33.2\/III\/18\/33.2-1813","url":"\/33.2-1813\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1813\/","token":"33.2\/III\/18\/33.2-1813","dublin_core":{"Title":"Material default; remedies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1813","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon the occurrence and during the continuation of material default<\/span>, the responsible public entity<\/span> may exercise any or all of the following remedies: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The responsible public entity<\/span> may elect to take over the transportation facility<\/span> or facilities and in such case shall succeed to all of the right, title, and interest in such transportation facility<\/span> or facilities, subject to any liens<\/span> on revenues<\/span> previously granted by the private entity<\/span> to any person providing financing therefor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The responsible public entity<\/span> may terminate the interim or comprehensive agreement<\/span> and exercise any other rights and remedies that may be available at law<\/span> or in equity<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The responsible public entity<\/span> may make or cause to be made any appropriate claims under the performance and\/or payment bonds<\/span> required by § 33.2-1808<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In the event the responsible public entity<\/span> elects to take over a qualifying transportation facility<\/span> pursuant to subsection A, the responsible public entity<\/span> may develop<\/span> and\/or operate<\/span> the qualifying transportation facility<\/span>, impose user fees<\/span> for the use thereof, and comply with any service contracts<\/span> as if it were the private entity<\/span>. Any revenues<\/span> that are subject to a lien<\/span> shall be collected for the benefit of, and paid to, secured parties, as their interests may appear, to the extent necessary to satisfy the private entity<\/span>’s obligations to secured parties, including the maintenance<\/span> of reserves, and such liens<\/span> shall be correspondingly reduced and, when paid off, released. Before any payments to, or for the benefit of, secured parties, the responsible public entity<\/span> may use revenues<\/span> to pay current operation<\/span> and maintenance<\/span> costs of the qualifying transportation facility<\/span> or facilities, including compensation to the responsible public entity<\/span> for its services in operating and maintaining the qualifying transportation facility<\/span>. Remaining revenues<\/span>, if any, after all payments for operation<\/span> and maintenance<\/span> of the transportation facility or facilities, and to, or for the benefit of, secured parties, have been made, shall be paid to the private entity<\/span>, subject to the negotiated maximum rate of return. The right to receive such payment, if any, shall be considered just compensation for the transportation facility or facilities. The full faith and credit of the responsible public entity<\/span> shall not be pledged to secure any financing of the private entity<\/span> by the election to take over the qualifying transportation facility<\/span>. Assumption of operation<\/span> of the qualifying transportation facility<\/span> shall not obligate the responsible public entity<\/span> to pay any obligation of the private entity<\/span> from sources other than revenues<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMATERIAL DEFAULT; REMEDIES (\u00a7 33.2-1813)\n\nA. Upon the occurrence and during the continuation of material default, the\nresponsible public entity may exercise any or all of the following remedies:\n\n 1. The responsible public entity may elect to take over the transportation\n facility or facilities and in such case shall succeed to all of the right,\n title, and interest in such transportation facility or facilities, subject to\n any liens on revenues previously granted by the private entity to any person\n providing financing therefor.\n\n 2. The responsible public entity may terminate the interim or comprehensive\n agreement and exercise any other rights and remedies that may be available at\n law or in equity.\n\n 3. The responsible public entity may make or cause to be made any appropriate\n claims under the performance and\/or payment bonds required by §\n 33.2-1808.\n\nB. In the event the responsible public entity elects to take over a qualifying\ntransportation facility pursuant to subsection A, the responsible public entity\nmay develop and\/or operate the qualifying transportation facility, impose user\nfees for the use thereof, and comply with any service contracts as if it were\nthe private entity. Any revenues that are subject to a lien shall be collected\nfor the benefit of, and paid to, secured parties, as their interests may appear,\nto the extent necessary to satisfy the private entity’s obligations to\nsecured parties, including the maintenance of reserves, and such liens shall be\ncorrespondingly reduced and, when paid off, released. Before any payments to, or\nfor the benefit of, secured parties, the responsible public entity may use\nrevenues to pay current operation and maintenance costs of the qualifying\ntransportation facility or facilities, including compensation to the responsible\npublic entity for its services in operating and maintaining the qualifying\ntransportation facility. Remaining revenues, if any, after all payments for\noperation and maintenance of the transportation facility or facilities, and to,\nor for the benefit of, secured parties, have been made, shall be paid to the\nprivate entity, subject to the negotiated maximum rate of return. The right to\nreceive such payment, if any, shall be considered just compensation for the\ntransportation facility or facilities. The full faith and credit of the\nresponsible public entity shall not be pledged to secure any financing of the\nprivate entity by the election to take over the qualifying transportation\nfacility. Assumption of operation of the qualifying transportation facility\nshall not obligate the responsible public entity to pay any obligation of the\nprivate entity from sources other than revenues.\n\nHISTORY: 1994, c. 855, \u00a7 56-568; 1995, c. 647; 2005, cc. 504, 562; 2014, c.\n805.","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}}