{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-717.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-717.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-717.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-717.html"}],"law_id":64852,"edition_id":1,"section_id":64852,"structure_id":14311,"section_number":"33.2-717","catch_line":"Who shall pay costs, compensation, and damages","history":"Code 1950, \u00a7 33-153; 1964, c. 565; 1970, c. 322, \u00a7 33.1-240; 2014, c. 805.","full_text":"When the highway or bridge is established or altered, the county shall be chargeable with the compensation and damages to the proprietor or tenant and all costs incurred in the proceedings, provided that when the record shows that the sum allowed by the circuit court on appeal, as compensation and damages to any proprietor or tenant is not more than the amount allowed by the local governing body from whose decision the appeal was taken, such proprietor or tenant shall be adjudged to pay the costs occasioned by such appeal. When the local governing body decides against the application to establish or alter a highway or bridge, the applicant shall pay the costs incurred in the case, except the compensation of the viewers.\n\t\tBut when it shall appear to the local governing body that the opening and establishing or altering of such highway will be for mere private convenience, then the local governing body may order the same upon condition that such applicant pay, in whole or in part, the compensation and damages to the proprietor or tenant and the costs of the proceedings and keep the highway in order. In any such case the highway shall not be opened and established or altered until such compensation and damages and costs has been first paid or the written consent of the proprietor or tenant has been given.","order_by":null,"text":{"0":{"id":236017,"text":"When the highway or bridge is established or altered, the county shall be chargeable with the compensation and damages to the proprietor or tenant and all costs incurred in the proceedings, provided that when the record shows that the sum allowed by the circuit court on appeal, as compensation and damages to any proprietor or tenant is not more than the amount allowed by the local governing body from whose decision the appeal was taken, such proprietor or tenant shall be adjudged to pay the costs occasioned by such appeal. When the local governing body decides against the application to establish or alter a highway or bridge, the applicant shall pay the costs incurred in the case, except the compensation of the viewers.\n\t\tBut when it shall appear to the local governing body that the opening and establishing or altering of such highway will be for mere private convenience, then the local governing body may order the same upon condition that such applicant pay, in whole or in part, the compensation and damages to the proprietor or tenant and the costs of the proceedings and keep the highway in order. In any such case the highway shall not be opened and established or altered until such compensation and damages and costs has been first paid or the written consent of the proprietor or tenant has been given.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14311,"edition_id":1,"name":"Establishment, Alteration, and Discontinuance of Highways","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":14310,"metadata":{},"date_created":"2026-06-26 03:47:42","date_modified":"2026-06-26 03:47:42","permalink":{"id":206231,"object_type":"structure","relational_id":14311,"identifier":"2","token":"33.2\/II\/7\/2","url":"\/33.2\/II\/7\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14310,"edition_id":1,"name":"Local Authority Over Highways","identifier":"7","label":"chapter","depth":3,"order_by":1,"parent_id":12830,"metadata":{},"date_created":"2026-06-26 03:47:42","date_modified":"2026-06-26 03:47:42","permalink":{"id":206207,"object_type":"structure","relational_id":14310,"identifier":"7","token":"33.2\/II\/7","url":"\/33.2\/II\/7\/","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":64641,"structure_id":14311,"section_number":"33.2-705","catch_line":"Continuance of powers of county authorities; alternative procedure","url":"\/33.2-705\/","token":"33.2\/II\/7\/2\/33.2-705","metadata":false},{"id":79364,"structure_id":14311,"section_number":"33.2-706","catch_line":"How highways and bridges in counties established or altered; examination and report; width and grade of highways; employing engineer","url":"\/33.2-706\/","token":"33.2\/II\/7\/2\/33.2-706","metadata":false},{"id":57419,"structure_id":14311,"section_number":"33.2-707","catch_line":"Duty of viewers","url":"\/33.2-707\/","token":"33.2\/II\/7\/2\/33.2-707","metadata":false},{"id":83987,"structure_id":14311,"section_number":"33.2-708","catch_line":"Pay to viewers, commissioners, and engineers","url":"\/33.2-708\/","token":"33.2\/II\/7\/2\/33.2-708","metadata":false},{"id":57940,"structure_id":14311,"section_number":"33.2-709","catch_line":"Consent of landowners","url":"\/33.2-709\/","token":"33.2\/II\/7\/2\/33.2-709","metadata":false},{"id":55597,"structure_id":14311,"section_number":"33.2-710","catch_line":"Proceedings on report; notice to owners","url":"\/33.2-710\/","token":"33.2\/II\/7\/2\/33.2-710","metadata":false},{"id":67130,"structure_id":14311,"section_number":"33.2-711","catch_line":"Guardian ad litem for persons under disability","url":"\/33.2-711\/","token":"33.2\/II\/7\/2\/33.2-711","metadata":false},{"id":67557,"structure_id":14311,"section_number":"33.2-712","catch_line":"Defense allowed; what board may do","url":"\/33.2-712\/","token":"33.2\/II\/7\/2\/33.2-712","metadata":false},{"id":80385,"structure_id":14311,"section_number":"33.2-713","catch_line":"Appointment of commissioners to assess damages","url":"\/33.2-713\/","token":"33.2\/II\/7\/2\/33.2-713","metadata":false},{"id":67141,"structure_id":14311,"section_number":"33.2-714","catch_line":"Enhancement in value of residue","url":"\/33.2-714\/","token":"33.2\/II\/7\/2\/33.2-714","metadata":false},{"id":80841,"structure_id":14311,"section_number":"33.2-715","catch_line":"Action of commissioners; report","url":"\/33.2-715\/","token":"33.2\/II\/7\/2\/33.2-715","metadata":false},{"id":56434,"structure_id":14311,"section_number":"33.2-716","catch_line":"Appeal to circuit court","url":"\/33.2-716\/","token":"33.2\/II\/7\/2\/33.2-716","metadata":false},{"id":64852,"structure_id":14311,"section_number":"33.2-717","catch_line":"Who shall pay costs, compensation, and damages","url":"\/33.2-717\/","token":"33.2\/II\/7\/2\/33.2-717","metadata":false},{"id":69631,"structure_id":14311,"section_number":"33.2-718","catch_line":"Highways not to be established through cemetery or seminary of learning without owners' consent","url":"\/33.2-718\/","token":"33.2\/II\/7\/2\/33.2-718","metadata":false},{"id":82641,"structure_id":14311,"section_number":"33.2-719","catch_line":" Abandonment of certain highways and railway crossings","url":"\/33.2-719\/","token":"33.2\/II\/7\/2\/33.2-719","metadata":false},{"id":74789,"structure_id":14311,"section_number":"33.2-720","catch_line":"Supervisors may issue process","url":"\/33.2-720\/","token":"33.2\/II\/7\/2\/33.2-720","metadata":false},{"id":80781,"structure_id":14311,"section_number":"33.2-721","catch_line":"Compensation of clerk of board","url":"\/33.2-721\/","token":"33.2\/II\/7\/2\/33.2-721","metadata":false},{"id":63462,"structure_id":14311,"section_number":"33.2-722","catch_line":"Discontinuance of gates on public highways","url":"\/33.2-722\/","token":"33.2\/II\/7\/2\/33.2-722","metadata":false}],"previous_section":{"id":56434,"structure_id":14311,"section_number":"33.2-716","catch_line":"Appeal to circuit court","url":"\/33.2-716\/","token":"33.2\/II\/7\/2\/33.2-716","metadata":false},"next_section":{"id":69631,"structure_id":14311,"section_number":"33.2-718","catch_line":"Highways not to be established through cemetery or seminary of learning without owners' consent","url":"\/33.2-718\/","token":"33.2\/II\/7\/2\/33.2-718","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-717\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. 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 1964, chapter 565; in 1970, chapter 322; in 2014, chapter 805<\/a>.<\/p>","references":[{"id":63462,"section_number":"33.2-722","catch_line":"Discontinuance of gates on public highways","order_by":null,"url":"\/33.2-722\/"}],"refers_to":false,"permalink":{"id":206281,"object_type":"law","relational_id":64852,"identifier":"33.2-717","token":"33.2\/II\/7\/2\/33.2-717","url":"\/33.2-717\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-717\/","token":"33.2\/II\/7\/2\/33.2-717","dublin_core":{"Title":"Who shall pay costs, compensation, and damages","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-717","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When the highway<\/span> or bridge is established or altered, the county shall be chargeable with the compensation and damages<\/span> to the proprietor or tenant and all costs incurred in the proceedings, provided that when the record shows that the sum allowed by the circuit<\/span> court<\/span> on appeal<\/span>, as compensation and damages<\/span> to any proprietor or tenant is not more than the amount allowed by the local governing body from whose decision the appeal<\/span> was taken, such proprietor or tenant shall be adjudged to pay the costs occasioned by such appeal<\/span>. When the local governing body decides against the application to establish or alter a highway<\/span> or bridge, the applicant shall pay the costs incurred in the case, except the compensation of the viewers.\n\t\tBut when it shall appear to the local governing body that the opening and establishing or altering of such highway<\/span> will be for mere private convenience, then the local governing body may order<\/span> the same upon condition that such applicant pay, in whole or in part, the compensation and damages<\/span> to the proprietor or tenant and the costs of the proceedings and keep the highway<\/span> in order<\/span>. In any such case the highway<\/span> shall not be opened and established or altered until such compensation and damages<\/span> and costs has been first paid or the written consent of the proprietor or tenant has been given.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHO SHALL PAY COSTS, COMPENSATION, AND DAMAGES (\u00a7 33.2-717)\n\nWhen the highway or bridge is established or altered, the county shall be\nchargeable with the compensation and damages to the proprietor or tenant and all\ncosts incurred in the proceedings, provided that when the record shows that the\nsum allowed by the circuit court on appeal, as compensation and damages to any\nproprietor or tenant is not more than the amount allowed by the local governing\nbody from whose decision the appeal was taken, such proprietor or tenant shall\nbe adjudged to pay the costs occasioned by such appeal. When the local governing\nbody decides against the application to establish or alter a highway or bridge,\nthe applicant shall pay the costs incurred in the case, except the compensation\nof the viewers.\n\t\tBut when it shall appear to the local governing body that the opening and\nestablishing or altering of such highway will be for mere private convenience,\nthen the local governing body may order the same upon condition that such\napplicant pay, in whole or in part, the compensation and damages to the\nproprietor or tenant and the costs of the proceedings and keep the highway in\norder. In any such case the highway shall not be opened and established or\naltered until such compensation and damages and costs has been first paid or the\nwritten consent of the proprietor or tenant has been given.\n\nHISTORY: Code 1950, \u00a7 33-153; 1964, c. 565; 1970, c. 322, \u00a7 33.1-240; 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}}