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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>63633</law_id><section_number>33.2-1018</section_number><catch_line>Authority to take possession and title to property before or during condemnation; purpose and intent of provisions</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>33.2-1014</reference><reference>33.2-1015</reference><reference>33.2-1016</reference><reference>33.2-1019</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>In addition to the exercise of the power of eminent domain prior to the entry upon land being condemned, as provided in this article, the <span class="dictionary">Commissioner of Highways</span> is authorized to acquire title and to enter upon and take <span class="dictionary">possession</span> of such property and rights-of-way, for the purposes set out in &#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>, as the <span class="dictionary">Commissioner of Highways</span> may deem necessary, and proceed with the construction of such <span class="dictionary">highway</span>, such taking to be made pursuant to &#xA7;&#xA7;&#xA0;<a class="law" title="Payments into court or filing certificate of deposit before entering upon land" href="/33.2-1019/">33.2-1019</a> through <a class="law" title="Petition by owner for determination of just compensation" href="/33.2-1029.1/">33.2-1029.1</a>.
		It is the intention of this article to provide that such property and rights-of-way may, in the discretion of the <span class="dictionary">Commissioner of Highways</span>, be condemned during or after the construction of the <span class="dictionary">highway</span>, as well as prior thereto, and to direct the fund out of which the <span class="dictionary">judgment</span> of the <span class="dictionary">court</span> in condemnation proceedings shall be paid, and to provide that in all other respects the provisions of this article shall apply, whether the property and rights-of-way are condemned before, during, or after the construction of the <span class="dictionary">highway</span>. However, the authorities constructing such <span class="dictionary">highway</span> under the authority of this article shall use diligence to protect growing crops and pastures and to prevent damage to any property not taken. So far as possible all rights-of-way shall be acquired or contracted for before any condemnation is resorted to.</p></section></text><history>Code 1950, &#xA7; 33-70.1; 1958, c. 581; 1970, c. 322, &#xA7; 33.1-119; 2014, c. 805; 2022, c. 735.</history><metadata></metadata></law>
