{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-293.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-293.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-293.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-293.html"}],"law_id":67230,"edition_id":1,"section_id":67230,"structure_id":14957,"section_number":"33.2-293","catch_line":"Acquisition, possession, and disposition of rail facilities; eminent domain","history":"2020, cc. 1230, 1275.","full_text":"A\n\nThe Authority shall have the right to acquire by purchase, lease, or grant rail facilities and other lands, structures, property, both real and personal, tangible and intangible, rights, rights-of-way, franchises, easements, and other interests therein, whether located within or not within the geographic boundaries of the Commonwealth, for the construction, operation, maintenance, and use of rail facilities.B\n\nThe Authority shall have the right to hold and dispose of rail facilities and other lands, structures, property, both real and personal, tangible and intangible, rights, rights-of-way, franchises, easements, and other interests therein in the exercise of its powers and the performance of its duties under this article, including but not limited to the sale, exchange, lease, mortgage, or pledge of such property or interest therein, provided that any such disposition that involves property or interests with a fair market value in excess of $5 million shall require the consent of the Transportation Board.C\n\nThe Commonwealth and any agencies or political subdivisions thereof may provide services, donate, lease, sell, convey, or otherwise transfer, with or without consideration or for minimal consideration, real or personal property and make appropriations to the Authority for the design, acquisition, construction, equipping, maintenance, and operation of rail facilities and may issue bonds in the manner provided in the Public Finance Act (&#xA7; 15.2-2600 et seq.) or in its municipal charter for the purpose of providing funds to be appropriated to the Authority; the Authority may agree to assume, or reimburse such a political subdivision for, any indebtedness incurred by such political subdivision with respect to facilities conveyed by it to the Authority.D\n\nThe Authority is authorized to acquire by the exercise of the power of eminent domain any lands, property rights, rights-of-way, franchises, easements, and other property, including public lands, parks, playgrounds, reservations, highways, or parkways, or parts thereof or rights therein, of any person, partnership, association, railroad, public service, public utility, or other corporation, or of any municipality, county, or other political subdivision, deemed necessary for the construction or the efficient operation of rail facilities or necessary in the restoration, replacement, or relocation of public or private property damaged or destroyed whenever a reasonable price cannot be agreed upon with the governing body of such municipality, county, or other political subdivision as to such property owned by it or whenever the Authority cannot agree on the terms of purchase or settlement with the other owners because of the incapacity of such owners, because of the inability to agree on the compensation to be paid or other terms of settlement or purchase, or because such owners are nonresidents of the Commonwealth, are unknown, or are unable to convey valid title to such property. Such proceedings shall be in accordance with and subject to the provisions of any and all laws of the Commonwealth applicable to the exercise of the power of eminent domain and subject to the provisions of Chapter 2 (&#xA7; 25.1-200 et seq.) of Title 25.1. Title to any property condemned by the Authority shall immediately vest in the Authority, and the Authority shall be entitled to the immediate possession of such property upon the deposit with the clerk of the court in which such condemnation proceedings are originated of the total amount of the appraised price of the property and court costs and fees as provided by law, notwithstanding that any of the parties to such proceedings may appeal from any decision in such condemnation proceedings. Whenever the Authority makes such deposit in connection with any condemnation proceedings, the making of such deposit shall not preclude the Authority from appealing any decision rendered in such proceedings. Upon the deposit with the clerk of the court of the appraised price, any person entitled thereto may, upon petition to the court, be paid his or their pro rata share of 100 percent of such appraised price. The acceptance of such payment shall not preclude such person from appealing any decision rendered in such proceedings. If the appraisal is greater or less than the amount finally determined by the decision in such proceedings or by an appeal, the amount of the increase or decrease shall be paid or refunded to the Authority.E\n\nThe acquisition of any such property by condemnation or by the exercise of the power of eminent domain for the purposes provided herein shall be and is declared to be a public use of such property.F\n\nFor purposes of this section, the terms &#8220;appraised price&#8221; and &#8220;appraisal&#8221; mean the value determined by two competent real estate appraisers appointed by the Authority for such purposes.","order_by":null,"text":{"0":{"id":243683,"text":"The Authority shall have the right to acquire by purchase, lease, or grant rail facilities and other lands, structures, property, both real and personal, tangible and intangible, rights, rights-of-way, franchises, easements, and other interests therein, whether located within or not within the geographic boundaries of the Commonwealth, for the construction, operation, maintenance, and use of rail facilities.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":243684,"text":"The Authority shall have the right to hold and dispose of rail facilities and other lands, structures, property, both real and personal, tangible and intangible, rights, rights-of-way, franchises, easements, and other interests therein in the exercise of its powers and the performance of its duties under this article, including but not limited to the sale, exchange, lease, mortgage, or pledge of such property or interest therein, provided that any such disposition that involves property or interests with a fair market value in excess of $5 million shall require the consent of the Transportation Board.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":243685,"text":"The Commonwealth and any agencies or political subdivisions thereof may provide services, donate, lease, sell, convey, or otherwise transfer, with or without consideration or for minimal consideration, real or personal property and make appropriations to the Authority for the design, acquisition, construction, equipping, maintenance, and operation of rail facilities and may issue bonds in the manner provided in the Public Finance Act (&#xA7; 15.2-2600 et seq.) or in its municipal charter for the purpose of providing funds to be appropriated to the Authority; the Authority may agree to assume, or reimburse such a political subdivision for, any indebtedness incurred by such political subdivision with respect to facilities conveyed by it to the Authority.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":243686,"text":"The Authority is authorized to acquire by the exercise of the power of eminent domain any lands, property rights, rights-of-way, franchises, easements, and other property, including public lands, parks, playgrounds, reservations, highways, or parkways, or parts thereof or rights therein, of any person, partnership, association, railroad, public service, public utility, or other corporation, or of any municipality, county, or other political subdivision, deemed necessary for the construction or the efficient operation of rail facilities or necessary in the restoration, replacement, or relocation of public or private property damaged or destroyed whenever a reasonable price cannot be agreed upon with the governing body of such municipality, county, or other political subdivision as to such property owned by it or whenever the Authority cannot agree on the terms of purchase or settlement with the other owners because of the incapacity of such owners, because of the inability to agree on the compensation to be paid or other terms of settlement or purchase, or because such owners are nonresidents of the Commonwealth, are unknown, or are unable to convey valid title to such property. Such proceedings shall be in accordance with and subject to the provisions of any and all laws of the Commonwealth applicable to the exercise of the power of eminent domain and subject to the provisions of Chapter 2 (&#xA7; 25.1-200 et seq.) of Title 25.1. Title to any property condemned by the Authority shall immediately vest in the Authority, and the Authority shall be entitled to the immediate possession of such property upon the deposit with the clerk of the court in which such condemnation proceedings are originated of the total amount of the appraised price of the property and court costs and fees as provided by law, notwithstanding that any of the parties to such proceedings may appeal from any decision in such condemnation proceedings. Whenever the Authority makes such deposit in connection with any condemnation proceedings, the making of such deposit shall not preclude the Authority from appealing any decision rendered in such proceedings. Upon the deposit with the clerk of the court of the appraised price, any person entitled thereto may, upon petition to the court, be paid his or their pro rata share of 100 percent of such appraised price. The acceptance of such payment shall not preclude such person from appealing any decision rendered in such proceedings. If the appraisal is greater or less than the amount finally determined by the decision in such proceedings or by an appeal, the amount of the increase or decrease shall be paid or refunded to the Authority.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":243687,"text":"The acquisition of any such property by condemnation or by the exercise of the power of eminent domain for the purposes provided herein shall be and is declared to be a public use of such property.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":243688,"text":"For purposes of this section, the terms &#8220;appraised price&#8221; and &#8220;appraisal&#8221; mean the value determined by two competent real estate appraisers appointed by the Authority for such purposes.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14957,"edition_id":1,"name":"Virginia Passenger Rail Authority Act","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":13136,"metadata":{},"date_created":"2026-06-26 03:51:05","date_modified":"2026-06-26 03:51:05","permalink":{"id":205283,"object_type":"structure","relational_id":14957,"identifier":"6","token":"33.2\/I\/2\/6","url":"\/33.2\/I\/2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13136,"edition_id":1,"name":"Transportation Entities","identifier":"2","label":"chapter","depth":3,"order_by":1,"parent_id":13135,"metadata":{},"date_created":"2026-06-26 03:44:20","date_modified":"2026-06-26 03:44:20","permalink":{"id":204875,"object_type":"structure","relational_id":13136,"identifier":"2","token":"33.2\/I\/2","url":"\/33.2\/I\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13135,"edition_id":1,"name":"General Provisions and Transportation Entities","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:44:20","date_modified":"2026-06-26 03:44:20","permalink":{"id":204787,"object_type":"structure","relational_id":13135,"identifier":"I","token":"33.2\/I","url":"\/33.2\/I\/","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":65292,"structure_id":14957,"section_number":"33.2-287","catch_line":"Definitions","url":"\/33.2-287\/","token":"33.2\/I\/2\/6\/33.2-287","metadata":false},{"id":83123,"structure_id":14957,"section_number":"33.2-288","catch_line":"Declaration of public purpose; Virginia Passenger Rail Authority","url":"\/33.2-288\/","token":"33.2\/I\/2\/6\/33.2-288","metadata":false},{"id":61923,"structure_id":14957,"section_number":"33.2-289","catch_line":"Board of Directors","url":"\/33.2-289\/","token":"33.2\/I\/2\/6\/33.2-289","metadata":false},{"id":80981,"structure_id":14957,"section_number":"33.2-290","catch_line":"Executive Director; agents and employees","url":"\/33.2-290\/","token":"33.2\/I\/2\/6\/33.2-290","metadata":false},{"id":76138,"structure_id":14957,"section_number":"33.2-291","catch_line":"Local authorities subordinate to Authority","url":"\/33.2-291\/","token":"33.2\/I\/2\/6\/33.2-291","metadata":false},{"id":64713,"structure_id":14957,"section_number":"33.2-292","catch_line":"Powers of the Authority","url":"\/33.2-292\/","token":"33.2\/I\/2\/6\/33.2-292","metadata":false},{"id":67230,"structure_id":14957,"section_number":"33.2-293","catch_line":"Acquisition, possession, and disposition of rail facilities; eminent domain","url":"\/33.2-293\/","token":"33.2\/I\/2\/6\/33.2-293","metadata":false},{"id":69208,"structure_id":14957,"section_number":"33.2-294","catch_line":"Issuance of bonds","url":"\/33.2-294\/","token":"33.2\/I\/2\/6\/33.2-294","metadata":false},{"id":82882,"structure_id":14957,"section_number":"33.2-295","catch_line":"Deposit and investment of funds","url":"\/33.2-295\/","token":"33.2\/I\/2\/6\/33.2-295","metadata":false},{"id":76260,"structure_id":14957,"section_number":"33.2-296","catch_line":"Revenues of the Authority","url":"\/33.2-296\/","token":"33.2\/I\/2\/6\/33.2-296","metadata":false},{"id":77741,"structure_id":14957,"section_number":"33.2-297","catch_line":"Moneys of Authority","url":"\/33.2-297\/","token":"33.2\/I\/2\/6\/33.2-297","metadata":false},{"id":67167,"structure_id":14957,"section_number":"33.2-298","catch_line":"Annual budget","url":"\/33.2-298\/","token":"33.2\/I\/2\/6\/33.2-298","metadata":false},{"id":63198,"structure_id":14957,"section_number":"33.2-299","catch_line":"Recordkeeping; audits","url":"\/33.2-299\/","token":"33.2\/I\/2\/6\/33.2-299","metadata":false},{"id":77868,"structure_id":14957,"section_number":"33.2-299.1","catch_line":"Exemption of Authority from personnel and procurement procedures","url":"\/33.2-299.1\/","token":"33.2\/I\/2\/6\/33.2-299.1","metadata":false},{"id":81757,"structure_id":14957,"section_number":"33.2-299.2","catch_line":"Police powers; Authority rules and regulations","url":"\/33.2-299.2\/","token":"33.2\/I\/2\/6\/33.2-299.2","metadata":false},{"id":70141,"structure_id":14957,"section_number":"33.2-299.3","catch_line":"Governmental function; exemption from taxation","url":"\/33.2-299.3\/","token":"33.2\/I\/2\/6\/33.2-299.3","metadata":false},{"id":57064,"structure_id":14957,"section_number":"33.2-299.4","catch_line":"Cooperation with federal agencies","url":"\/33.2-299.4\/","token":"33.2\/I\/2\/6\/33.2-299.4","metadata":false},{"id":82633,"structure_id":14957,"section_number":"33.2-299.5","catch_line":"Continuing responsibilities of the Transportation Board and the Department","url":"\/33.2-299.5\/","token":"33.2\/I\/2\/6\/33.2-299.5","metadata":false},{"id":66867,"structure_id":14957,"section_number":"33.2-299.6","catch_line":"Dissolution of Authority","url":"\/33.2-299.6\/","token":"33.2\/I\/2\/6\/33.2-299.6","metadata":false},{"id":59906,"structure_id":14957,"section_number":"33.2-299.7","catch_line":"Exclusions from the Virginia Freedom of Information Act; proprietary records and trade secrets","url":"\/33.2-299.7\/","token":"33.2\/I\/2\/6\/33.2-299.7","metadata":false},{"id":75391,"structure_id":14957,"section_number":"33.2-299.8","catch_line":"Liberal construction","url":"\/33.2-299.8\/","token":"33.2\/I\/2\/6\/33.2-299.8","metadata":false}],"previous_section":{"id":64713,"structure_id":14957,"section_number":"33.2-292","catch_line":"Powers of the Authority","url":"\/33.2-292\/","token":"33.2\/I\/2\/6\/33.2-292","metadata":false},"next_section":{"id":69208,"structure_id":14957,"section_number":"33.2-294","catch_line":"Issuance of bonds","url":"\/33.2-294\/","token":"33.2\/I\/2\/6\/33.2-294","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-293\/","history_text":"<p>This law was first created in 2020. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1230\">1230<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP1275\">1275<\/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.<\/p>","references":false,"refers_to":[{"id":82731,"section_number":"15.2-2600","catch_line":"Short title","order_by":null,"url":"\/15.2-2600\/"},{"id":62316,"section_number":"25.1-200","catch_line":"Chapter controls condemnation proceedings","order_by":null,"url":"\/25.1-200\/"}],"permalink":{"id":205309,"object_type":"law","relational_id":67230,"identifier":"33.2-293","token":"33.2\/I\/2\/6\/33.2-293","url":"\/33.2-293\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-293\/","token":"33.2\/I\/2\/6\/33.2-293","dublin_core":{"Title":"Acquisition, possession, and disposition of rail facilities; eminent domain","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-293","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">Authority<\/span> shall have the right to acquire by purchase, lease, or grant <span class=\"dictionary\">rail facilities<\/span> and other lands, structures, property, both real and personal, tangible and intangible, rights, rights-of-way, franchises, easements, and other interests therein, whether located within or not within the geographic boundaries of the Commonwealth, for the construction, operation, <span class=\"dictionary\">maintenance<\/span>, and use of <span class=\"dictionary\">rail facilities<\/span>. <a id=\"paragraph-243683\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-293\/#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> The <span class=\"dictionary\">Authority<\/span> shall have the right to hold and dispose of <span class=\"dictionary\">rail facilities<\/span> and other lands, structures, property, both real and personal, tangible and intangible, rights, rights-of-way, franchises, easements, and other interests therein in the exercise of its powers and the performance of its duties under this article, including but not limited to the sale, exchange, lease, mortgage, or pledge of such property or interest therein, provided that any such <span class=\"dictionary\">disposition<\/span> that involves property or interests with a fair market value in excess of $5 million shall require the consent of the <span class=\"dictionary\">Transportation Board<\/span>. <a id=\"paragraph-243684\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-293\/#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> The Commonwealth and any agencies or political subdivisions thereof may provide services, donate, lease, sell, convey, or otherwise transfer, with or without consideration or for minimal consideration, real or personal property and make appropriations to the <span class=\"dictionary\">Authority<\/span> for the design, acquisition, construction, equipping, <span class=\"dictionary\">maintenance<\/span>, and operation of <span class=\"dictionary\">rail facilities<\/span> and may <span class=\"dictionary\">issue<\/span> <span class=\"dictionary\"><span class=\"dictionary\">bonds<\/span><\/span> in the manner provided in the Public Finance Act (&#xA7; <a class=\"law\" title=\"Short title\" href=\"\/15.2-2600\/\">15.2-2600<\/a> et seq.) or in its municipal charter for the purpose of providing funds to be appropriated to the <span class=\"dictionary\">Authority<\/span>; the <span class=\"dictionary\">Authority<\/span> may agree to assume, or reimburse such a political subdivision for, any indebtedness incurred by such political subdivision with respect to facilities conveyed by it to the <span class=\"dictionary\">Authority<\/span>. <a id=\"paragraph-243685\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-293\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The <span class=\"dictionary\">Authority<\/span> is authorized to acquire by the exercise of the power of eminent domain any lands, property rights, rights-of-way, franchises, easements, and other property, including public lands, parks, playgrounds, reservations, <span class=\"dictionary\">highways<\/span>, or parkways, or parts thereof or rights therein, of any person, partnership, association, railroad, public service, public utility, or other corporation, or of any municipality, county, or other political subdivision, deemed necessary for the construction or the efficient operation of <span class=\"dictionary\">rail facilities<\/span> or necessary in the restoration, replacement, or relocation of public or private property damaged or destroyed whenever a reasonable price cannot be agreed upon with the governing body of such municipality, county, or other political subdivision as to such property owned by it or whenever the <span class=\"dictionary\">Authority<\/span> cannot agree on the terms of purchase or <span class=\"dictionary\">settlement<\/span> with the other owners because of the incapacity of such owners, because of the inability to agree on the compensation to be paid or other terms of <span class=\"dictionary\">settlement<\/span> or purchase, or because such owners are nonresidents of the Commonwealth, are unknown, or are unable to convey valid title to such property. Such proceedings shall be in accordance with and subject to the provisions of any and all <span class=\"dictionary\">laws<\/span> of the Commonwealth applicable to the exercise of the power of eminent domain and subject to the provisions of 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. Title to any property condemned by the <span class=\"dictionary\">Authority<\/span> shall immediately vest in the <span class=\"dictionary\">Authority<\/span>, and the <span class=\"dictionary\">Authority<\/span> shall be entitled to the immediate <span class=\"dictionary\">possession<\/span> of such property upon the deposit with the clerk of the <span class=\"dictionary\">court<\/span> in which such condemnation proceedings are originated of the total amount of the <span class=\"dictionary\">appraised price<\/span> of the property and <span class=\"dictionary\">court<\/span> costs and fees as provided by <span class=\"dictionary\">law<\/span>, notwithstanding that any of the parties to such proceedings may <span class=\"dictionary\">appeal<\/span> from any decision in such condemnation proceedings. Whenever the <span class=\"dictionary\">Authority<\/span> makes such deposit in connection with any condemnation proceedings, the making of such deposit shall not preclude the <span class=\"dictionary\">Authority<\/span> from appealing any decision rendered in such proceedings. Upon the deposit with the clerk of the <span class=\"dictionary\">court<\/span> of the <span class=\"dictionary\">appraised price<\/span>, any person entitled thereto may, upon <span class=\"dictionary\">petition<\/span> to the <span class=\"dictionary\">court<\/span>, be paid his or their pro rata share of 100 percent of such <span class=\"dictionary\">appraised price<\/span>. The acceptance of such payment shall not preclude such person from appealing any decision rendered in such proceedings. If the <span class=\"dictionary\">appraisal<\/span> is greater or less than the amount finally determined by the decision in such proceedings or by an <span class=\"dictionary\">appeal<\/span>, the amount of the increase or decrease shall be paid or refunded to the <span class=\"dictionary\">Authority<\/span>. <a id=\"paragraph-243686\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-293\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> The acquisition of any such property by condemnation or by the exercise of the power of eminent domain for the purposes provided herein shall be and is declared to be a public use of such property. <a id=\"paragraph-243687\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-293\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> For purposes of this section, the terms &#8220;<span class=\"dictionary\">appraised price<\/span>&#8221; and &#8220;<span class=\"dictionary\">appraisal<\/span>&#8221; mean the value determined by two competent real estate appraisers appointed by the <span class=\"dictionary\">Authority<\/span> for such purposes. <a id=\"paragraph-243688\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-293\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nACQUISITION, POSSESSION, AND DISPOSITION OF RAIL FACILITIES; EMINENT DOMAIN (\u00a7\n33.2-293)\n\nA. The Authority shall have the right to acquire by purchase, lease, or grant\nrail facilities and other lands, structures, property, both real and personal,\ntangible and intangible, rights, rights-of-way, franchises, easements, and other\ninterests therein, whether located within or not within the geographic\nboundaries of the Commonwealth, for the construction, operation, maintenance,\nand use of rail facilities.\n\nB. The Authority shall have the right to hold and dispose of rail facilities and\nother lands, structures, property, both real and personal, tangible and\nintangible, rights, rights-of-way, franchises, easements, and other interests\ntherein in the exercise of its powers and the performance of its duties under\nthis article, including but not limited to the sale, exchange, lease, mortgage,\nor pledge of such property or interest therein, provided that any such\ndisposition that involves property or interests with a fair market value in\nexcess of $5 million shall require the consent of the Transportation Board.\n\nC. The Commonwealth and any agencies or political subdivisions thereof may\nprovide services, donate, lease, sell, convey, or otherwise transfer, with or\nwithout consideration or for minimal consideration, real or personal property\nand make appropriations to the Authority for the design, acquisition,\nconstruction, equipping, maintenance, and operation of rail facilities and may\nissue bonds in the manner provided in the Public Finance Act (&#xA7; 15.2-2600\net seq.) or in its municipal charter for the purpose of providing funds to be\nappropriated to the Authority; the Authority may agree to assume, or reimburse\nsuch a political subdivision for, any indebtedness incurred by such political\nsubdivision with respect to facilities conveyed by it to the Authority.\n\nD. The Authority is authorized to acquire by the exercise of the power of\neminent domain any lands, property rights, rights-of-way, franchises, easements,\nand other property, including public lands, parks, playgrounds, reservations,\nhighways, or parkways, or parts thereof or rights therein, of any person,\npartnership, association, railroad, public service, public utility, or other\ncorporation, or of any municipality, county, or other political subdivision,\ndeemed necessary for the construction or the efficient operation of rail\nfacilities or necessary in the restoration, replacement, or relocation of public\nor private property damaged or destroyed whenever a reasonable price cannot be\nagreed upon with the governing body of such municipality, county, or other\npolitical subdivision as to such property owned by it or whenever the Authority\ncannot agree on the terms of purchase or settlement with the other owners\nbecause of the incapacity of such owners, because of the inability to agree on\nthe compensation to be paid or other terms of settlement or purchase, or because\nsuch owners are nonresidents of the Commonwealth, are unknown, or are unable to\nconvey valid title to such property. Such proceedings shall be in accordance\nwith and subject to the provisions of any and all laws of the Commonwealth\napplicable to the exercise of the power of eminent domain and subject to the\nprovisions of Chapter 2 (&#xA7; 25.1-200 et seq.) of Title 25.1. Title to any\nproperty condemned by the Authority shall immediately vest in the Authority, and\nthe Authority shall be entitled to the immediate possession of such property\nupon the deposit with the clerk of the court in which such condemnation\nproceedings are originated of the total amount of the appraised price of the\nproperty and court costs and fees as provided by law, notwithstanding that any\nof the parties to such proceedings may appeal from any decision in such\ncondemnation proceedings. Whenever the Authority makes such deposit in\nconnection with any condemnation proceedings, the making of such deposit shall\nnot preclude the Authority from appealing any decision rendered in such\nproceedings. Upon the deposit with the clerk of the court of the appraised\nprice, any person entitled thereto may, upon petition to the court, be paid his\nor their pro rata share of 100 percent of such appraised price. The acceptance\nof such payment shall not preclude such person from appealing any decision\nrendered in such proceedings. If the appraisal is greater or less than the\namount finally determined by the decision in such proceedings or by an appeal,\nthe amount of the increase or decrease shall be paid or refunded to the\nAuthority.\n\nE. The acquisition of any such property by condemnation or by the exercise of\nthe power of eminent domain for the purposes provided herein shall be and is\ndeclared to be a public use of such property.\n\nF. For purposes of this section, the terms &#8220;appraised price&#8221; and\n&#8220;appraisal&#8221; mean the value determined by two competent real estate\nappraisers appointed by the Authority for such purposes.\n\nHISTORY: 2020, cc. 1230, 1275.","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}}