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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>64801</law_id><section_number>33.2-1015</section_number><catch_line>Acquisition of land in median of highways for public mass transit; disposition of such property</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>33.2-367</reference></referred_to_by><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>When acquiring land for the construction of highways with divided <span class="dictionary">roadways</span>, the <span class="dictionary">Commissioner of Highways</span> may, if he deems it necessary and appropriate, also acquire by gift, purchase, or by the exercise of the power of eminent domain as vested in him by &#xA7;&#xA0;<a class="law" title="Power to acquire lands, etc.; conveyance to municipality after acquisition; property owners to be informed and briefed" href="/33.2-1001/">33.2-1001</a>, in addition to the land necessary for such highways, sufficient land in the median for use for public <span class="dictionary">mass transit</span> and may convey or otherwise make available the same to a public agency or authority or public service corporation or public service company for the construction and operation thereon of public facilities for <span class="dictionary">mass transit</span>.
		Such additional land shall be acquired only after an agreement has been made between the <span class="dictionary">Commissioner of Highways</span> and a public agency or authority or public service corporation or public service company whereby such agency, authority, corporation, or company has agreed to pay the cost of the additional land acquired and all expense incidental to its acquisition.
		The condemnation of such land to be conveyed for use for public <span class="dictionary">mass transit</span> shall be governed by the procedure prescribed by this article and may be carried out at the same time if against the same property <span class="dictionary">owner</span> and if against the same landowner or in the same proceedings in which land is condemned for <span class="dictionary">highway</span> purposes. The <span class="dictionary">Commissioner of Highways</span> may, under the same procedure and conditions prescribed by this article with respect to property needed for <span class="dictionary">highway</span> purposes, enter upon and take <span class="dictionary">possession</span> of such property to be conveyed to a public agency or authority or public service corporation or public service company in the manner provided in &#xA7;&#xA7;&#xA0;<a class="law" title="Authority to take possession and title to property before or during condemnation; purpose and intent of provisions" href="/33.2-1018/">33.2-1018</a> through <a class="law" title="Agreements as to compensation; petition and order of court thereon; disposition of deposit" href="/33.2-1027/">33.2-1027</a>.
		The <span class="dictionary">Board</span> is authorized and directed with the consent of the Federal <span class="dictionary">Highway</span> Administration to permit the Washington Metropolitan Area Transit Authority to commence construction of rapid transit and ancillary facilities within the proposed median of Interstate 66 between Glebe Road in Arlington County and Nutley Road in Fairfax County, provided that (i) construction of rapid transit shall conform with <span class="dictionary">highway</span> plans and that construction procedures shall be reviewed and approved by the <span class="dictionary">Commissioner of Highways</span> and (ii) prior to construction of rapid transit, a mutually satisfactory allocation of cost shall be agreed to by the Washington Metropolitan Area Transit Authority, the <span class="dictionary">Board</span>, and the Federal <span class="dictionary">Highway</span> Administration.</p></section></text><history>Code 1950, &#xA7; 33-58.1; 1962, c. 303; 1970, c. 322, &#xA7; 33.1-97; 1973, c. 508; 2014, c. 805.</history><metadata></metadata></law>
