{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-308.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-308.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-308.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-308.html"}],"law_id":77200,"edition_id":1,"section_id":77200,"structure_id":13660,"section_number":"33.2-308","catch_line":"Additional provisions on relocation or removal of utility facilities within projects on Interstate System","history":"Code 1950, \u00a7 33-36.10; 1964, c. 353; 1970, c. 322, \u00a7 33.1-56; 1989, c. 46; 1998, c. 219; 1999, c. 942; 2014, c. 805.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t&#8220;Cost of highway construction&#8221; includes the cost of relocating or removing utility facilities in connection with any project on the Interstate System or primary state highway system within counties.\n\t\t\t&#8220;Cost of relocation or removal&#8221; includes the entire amount paid by such utility properly attributable to such relocation or removal after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility.\n\t\t\t&#8220;Facility of a utility&#8221; includes pipes, mains, storm sewers, water lines, sanitary sewers, natural gas facilities, or other structures, equipment, and appliances.B\n\nWhenever the Board determines that it is necessary to relocate or remove any facility of a utility owned by (i) a county, (ii) a political subdivision of the Commonwealth or county, or (iii) a nonprofit, consumer-owned company, located in a county having a population of at least 32,000 but no more than 34,000, that (a) is exempt from income taxation under &#xA7; 501(c)(3) of the Internal Revenue Code, (b) is organized to provide suitable drinking water, (c) has no assistance from investors, (d) does not pay dividends, and (e) does not sell stock to the general public, or storm sewers, water lines, natural gas facilities, or sanitary sewers owned by a city and extending into any county in, on, under, over, or along existing highways that are to be included within any project on the Interstate System or the primary state highway system within any county, the county or political subdivision of the Commonwealth or county, consumer-owned company, or city shall relocate or remove the same in accordance with the order of the Board. The cost of such relocation or removal including the cost of installing such facility in a new location, and the cost of any lands, or any rights or interest in lands, and any other rights required to accomplish such relocation or removal shall be ascertained and paid by the Board as a part of the cost of the project.","order_by":null,"text":{"0":{"id":276935,"text":"For the purposes of this section:\n\t\t\t&#8220;Cost of highway construction&#8221; includes the cost of relocating or removing utility facilities in connection with any project on the Interstate System or primary state highway system within counties.\n\t\t\t&#8220;Cost of relocation or removal&#8221; includes the entire amount paid by such utility properly attributable to such relocation or removal after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility.\n\t\t\t&#8220;Facility of a utility&#8221; includes pipes, mains, storm sewers, water lines, sanitary sewers, natural gas facilities, or other structures, equipment, and appliances.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":276936,"text":"Whenever the Board determines that it is necessary to relocate or remove any facility of a utility owned by (i) a county, (ii) a political subdivision of the Commonwealth or county, or (iii) a nonprofit, consumer-owned company, located in a county having a population of at least 32,000 but no more than 34,000, that (a) is exempt from income taxation under &#xA7; 501(c)(3) of the Internal Revenue Code, (b) is organized to provide suitable drinking water, (c) has no assistance from investors, (d) does not pay dividends, and (e) does not sell stock to the general public, or storm sewers, water lines, natural gas facilities, or sanitary sewers owned by a city and extending into any county in, on, under, over, or along existing highways that are to be included within any project on the Interstate System or the primary state highway system within any county, the county or political subdivision of the Commonwealth or county, consumer-owned company, or city shall relocate or remove the same in accordance with the order of the Board. The cost of such relocation or removal including the cost of installing such facility in a new location, and the cost of any lands, or any rights or interest in lands, and any other rights required to accomplish such relocation or removal shall be ascertained and paid by the Board as a part of the cost of the project.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13660,"edition_id":1,"name":"Interstate System","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12831,"metadata":{},"date_created":"2026-06-26 03:45:30","date_modified":"2026-06-26 03:45:30","permalink":{"id":205743,"object_type":"structure","relational_id":13660,"identifier":"1","token":"33.2\/II\/3\/1","url":"\/33.2\/II\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12831,"edition_id":1,"name":"Highway Systems","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12830,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":205741,"object_type":"structure","relational_id":12831,"identifier":"3","token":"33.2\/II\/3","url":"\/33.2\/II\/3\/","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":75798,"structure_id":13660,"section_number":"33.2-300","catch_line":"Power and authority of Commonwealth Transportation Board relating to the Interstate System, generally","url":"\/33.2-300\/","token":"33.2\/II\/3\/1\/33.2-300","metadata":false},{"id":70747,"structure_id":13660,"section_number":"33.2-301","catch_line":" Contracts for maintenance of components of Interstate System","url":"\/33.2-301\/","token":"33.2\/II\/3\/1\/33.2-301","metadata":false},{"id":79097,"structure_id":13660,"section_number":"33.2-302","catch_line":"Funds for establishment and maintenance of Interstate System, generally","url":"\/33.2-302\/","token":"33.2\/II\/3\/1\/33.2-302","metadata":false},{"id":58558,"structure_id":13660,"section_number":"33.2-303","catch_line":"Portions of Interstate System within cities and towns","url":"\/33.2-303\/","token":"33.2\/II\/3\/1\/33.2-303","metadata":false},{"id":65394,"structure_id":13660,"section_number":"33.2-304","catch_line":"Transfer of highways, bridges, and streets from the secondary and primary state highway systems to Interstate System","url":"\/33.2-304\/","token":"33.2\/II\/3\/1\/33.2-304","metadata":false},{"id":54638,"structure_id":13660,"section_number":"33.2-305","catch_line":"Transfer of highways, bridges, and streets from Interstate System to primary or secondary state highway system","url":"\/33.2-305\/","token":"33.2\/II\/3\/1\/33.2-305","metadata":false},{"id":68788,"structure_id":13660,"section_number":"33.2-306","catch_line":"Applicability of \u00a7\u00a7 33.2-300 through 33.2-305 to toll projects","url":"\/33.2-306\/","token":"33.2\/II\/3\/1\/33.2-306","metadata":false},{"id":61206,"structure_id":13660,"section_number":"33.2-307","catch_line":"Relocation or removal of utility facilities within projects on Interstate System","url":"\/33.2-307\/","token":"33.2\/II\/3\/1\/33.2-307","metadata":false},{"id":77200,"structure_id":13660,"section_number":"33.2-308","catch_line":"Additional provisions on relocation or removal of utility facilities within projects on Interstate System","url":"\/33.2-308\/","token":"33.2\/II\/3\/1\/33.2-308","metadata":false},{"id":76948,"structure_id":13660,"section_number":"33.2-309","catch_line":"Tolls for use of Interstate System components","url":"\/33.2-309\/","token":"33.2\/II\/3\/1\/33.2-309","metadata":false}],"previous_section":{"id":61206,"structure_id":13660,"section_number":"33.2-307","catch_line":"Relocation or removal of utility facilities within projects on Interstate System","url":"\/33.2-307\/","token":"33.2\/II\/3\/1\/33.2-307","metadata":false},"next_section":{"id":76948,"structure_id":13660,"section_number":"33.2-309","catch_line":"Tolls for use of Interstate System components","url":"\/33.2-309\/","token":"33.2\/II\/3\/1\/33.2-309","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-308\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 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 1964, chapter 353; in 1970, chapter 322; in 1989, chapter 46; in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0219\">219<\/a>; in 1999, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?991+ful+CHAP0942\">942<\/a>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0805\">805<\/a>.<\/p>","references":[{"id":73567,"section_number":"33.2-1815","catch_line":"Utility crossings","order_by":null,"url":"\/33.2-1815\/"},{"id":68788,"section_number":"33.2-306","catch_line":"Applicability of \u00a7\u00a7 33.2-300 through 33.2-305 to toll projects","order_by":null,"url":"\/33.2-306\/"}],"refers_to":false,"permalink":{"id":205777,"object_type":"law","relational_id":77200,"identifier":"33.2-308","token":"33.2\/II\/3\/1\/33.2-308","url":"\/33.2-308\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-308\/","token":"33.2\/II\/3\/1\/33.2-308","dublin_core":{"Title":"Additional provisions on relocation or removal of utility facilities within projects on Interstate System","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-308","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> For the purposes of this section:\n\t\t\t&#8220;<span class=\"dictionary\">Cost of highway construction<\/span>&#8221; includes the cost of relocating or removing utility facilities in connection with any project on the <span class=\"dictionary\">Interstate System<\/span> or primary state highway system within counties.\n\t\t\t&#8220;<span class=\"dictionary\">Cost of relocation or removal<\/span>&#8221; includes the entire amount paid by such utility properly attributable to such relocation or removal after deducting therefrom any increase in the value of the new facility and any salvage value derived from the old facility.\n\t\t\t&#8220;<span class=\"dictionary\">Facility of a utility<\/span>&#8221; includes pipes, mains, storm sewers, water lines, sanitary sewers, natural gas facilities, or other structures, equipment, and appliances. <a id=\"paragraph-276935\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-308\/#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> Whenever the <span class=\"dictionary\">Board<\/span> determines that it is necessary to relocate or remove any <span class=\"dictionary\">facility of a utility<\/span> owned by (i) a county, (ii) a political subdivision of the Commonwealth or county, or (iii) a nonprofit, consumer-owned company, located in a county having a population of at least 32,000 but no more than 34,000, that (a) is exempt from income taxation under &#xA7; 501(c)(3) of the Internal Revenue Code, (b) is organized to provide suitable drinking water, (c) has no assistance from investors, (d) does not pay dividends, and (e) does not sell stock to the general public, or storm sewers, water lines, natural gas facilities, or sanitary sewers owned by a city and extending into any county in, on, under, over, or along existing <span class=\"dictionary\">highways<\/span> that are to be included within any project on the <span class=\"dictionary\">Interstate System<\/span> or the primary state highway system within any county, the county or political subdivision of the Commonwealth or county, consumer-owned company, or city shall relocate or remove the same in accordance with the <span class=\"dictionary\">order<\/span> of the <span class=\"dictionary\">Board<\/span>. The cost of such relocation or removal including the cost of installing such facility in a new location, and the cost of any lands, or any rights or interest in lands, and any other rights required to accomplish such relocation or removal shall be ascertained and paid by the <span class=\"dictionary\">Board<\/span> as a part of the cost of the project. <a id=\"paragraph-276936\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/33.2-308\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nADDITIONAL PROVISIONS ON RELOCATION OR REMOVAL OF UTILITY FACILITIES WITHIN\nPROJECTS ON INTERSTATE SYSTEM (\u00a7 33.2-308)\n\nA. For the purposes of this section:\n\t\t\t&#8220;Cost of highway construction&#8221; includes the cost of relocating or\nremoving utility facilities in connection with any project on the Interstate\nSystem or primary state highway system within counties.\n\t\t\t&#8220;Cost of relocation or removal&#8221; includes the entire amount paid\nby such utility properly attributable to such relocation or removal after\ndeducting therefrom any increase in the value of the new facility and any\nsalvage value derived from the old facility.\n\t\t\t&#8220;Facility of a utility&#8221; includes pipes, mains, storm sewers,\nwater lines, sanitary sewers, natural gas facilities, or other structures,\nequipment, and appliances.\n\nB. Whenever the Board determines that it is necessary to relocate or remove any\nfacility of a utility owned by (i) a county, (ii) a political subdivision of the\nCommonwealth or county, or (iii) a nonprofit, consumer-owned company, located in\na county having a population of at least 32,000 but no more than 34,000, that\n(a) is exempt from income taxation under &#xA7; 501(c)(3) of the Internal\nRevenue Code, (b) is organized to provide suitable drinking water, (c) has no\nassistance from investors, (d) does not pay dividends, and (e) does not sell\nstock to the general public, or storm sewers, water lines, natural gas\nfacilities, or sanitary sewers owned by a city and extending into any county in,\non, under, over, or along existing highways that are to be included within any\nproject on the Interstate System or the primary state highway system within any\ncounty, the county or political subdivision of the Commonwealth or county,\nconsumer-owned company, or city shall relocate or remove the same in accordance\nwith the order of the Board. The cost of such relocation or removal including\nthe cost of installing such facility in a new location, and the cost of any\nlands, or any rights or interest in lands, and any other rights required to\naccomplish such relocation or removal shall be ascertained and paid by the Board\nas a part of the cost of the project.\n\nHISTORY: Code 1950, \u00a7 33-36.10; 1964, c. 353; 1970, c. 322, \u00a7 33.1-56; 1989,\nc. 46; 1998, c. 219; 1999, c. 942; 2014, c. 805.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}