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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>67931</law_id><section_number>33.2-1006</section_number><catch_line>Reconveyance where property deemed suitable for mass transit purposes</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="33.2">Highways and Other Surface Transportation Systems</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation</unit><unit label="chapter" level="3" order_by="1" identifier="10">Eminent Domain</unit><unit label="article" level="4" order_by="1" identifier="1">Eminent Domain and Damages</unit></structure><text>
						<section><p>If any real property that, under the provisions of &#xA7;&#xA0;<a class="law" title="Acquisition of real property that may be needed for transportation projects; sale of certain real property" href="/33.2-1005/">33.2-1005</a>, is or may become eligible for reconveyance is deemed suitable for the <span class="dictionary">mass transit</span> purposes of a public agency, authority, instrumentality, or public service corporation or company, and such entity has submitted tentative plans to the <span class="dictionary">Commissioner of Highways</span> for a <span class="dictionary">mass transit</span> facility utilizing such real property, or portions thereof, and, prior to the eligibility of that real property for reconveyance under this article, the <span class="dictionary">Commissioner of Highways</span> has approved the use of such real property for <span class="dictionary">mass transit</span> purposes, such real estate shall not be eligible for reconveyance under those sections. Upon the formulation of final plans for the facility, the <span class="dictionary">Commissioner of Highways</span> is authorized to enter into an agreement with any such entity for the conveyance of the property to such entity. Any property or portions thereof not necessary for the <span class="dictionary">mass transit</span> facility shall become eligible for reconveyance under the provisions of &#xA7;&#xA0;<a class="law" title="Acquisition of real property that may be needed for transportation projects; sale of certain real property" href="/33.2-1005/">33.2-1005</a> upon a determination of the final plans for the facility. Such agreement shall provide for the payment to the Commonwealth of an amount equal to that expended by the Commonwealth in the acquisition of such real property, including proportionate administrative costs and costs under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. Upon payment of the agreed consideration, the <span class="dictionary">Commissioner of Highways</span> shall convey the specified property to the facility. However, if construction of such planned facilities is not commenced within 10 years from the date of the agreement between the transit agency and the <span class="dictionary">Commissioner of Highways</span>, the persons who would otherwise have been authorized to <span class="dictionary">petition</span> for reconveyance under &#xA7;&#xA0;<a class="law" title="Acquisition of real property that may be needed for transportation projects; sale of certain real property" href="/33.2-1005/">33.2-1005</a> or their heirs or assigns may seek reconveyance under the same procedures and on the same basis as established in &#xA7;&#xA0;<a class="law" title="Acquisition of real property that may be needed for transportation projects; sale of certain real property" href="/33.2-1005/">33.2-1005</a>.
		This section shall not compel the <span class="dictionary">Commissioner of Highways</span> to convey any such property to such entities in contravention of any federal <span class="dictionary">law</span> or regulation affecting the <span class="dictionary">disposition</span> of real property acquired for <span class="dictionary">highway</span> purposes when such property is no longer needed for such purposes when such property has been acquired with federal funding participation.</p></section></text><history>1976, c. 724, &#xA7; 33.1-90.2; 1992, c. 108; 2014, c. 805.</history><metadata></metadata></law>
