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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>73525</law_id><section_number>33.2-330</section_number><catch_line>Relocation or removal of utility facilities within secondary state highway system construction projects</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="3">Highway Systems</unit><unit label="article" level="4" order_by="1" identifier="3">Secondary State Highway System</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> As used in this section:
			&#x201C;<span class="dictionary">Cost of highway construction</span>&#x201D; includes the cost of relocating or removing utility facilities in connection with any project on the secondary state highway system.
			&#x201C;<span class="dictionary">Cost of relocation or removal</span>&#x201D; 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.
			&#x201C;<span class="dictionary">Facility of a utility</span>&#x201D; includes tracks, pipes, mains, conduits, cables, wires, towers, and other structures, equipment, and appliances.
			&#x201C;Utility&#x201D; includes utilities owned by a county, city, town, or public authority, and nonprofit, consumer-owned company located in a county having a population of at least 30,000 but no more than 34,000 that (i) is exempt from income taxation under &#xA7; 501(c)(3) of the Internal Revenue Code, (ii) is organized to provide suitable drinking water, (iii) has no assistance from investors, (iv) does not pay dividends, and (v) does not sell stock to the general public. <a id="paragraph-264521" class="section-permalink" href="https://vacode.org/33.2-330/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> Whenever it is necessary that the <span class="dictionary">facility of a utility</span> in, on, under, over, or along an existing highway that is to be included within any construction project on the secondary state highway system should be relocated or removed, the owner or operator of such facility 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 such project. <a id="paragraph-264522" class="section-permalink" href="https://vacode.org/33.2-330/#B"><i class="fa fa-link"/></a></p></section></text><history>1995, cc. 680, 688, &#xA7; 33.1-69.2; 1999, c. 942; 2014, c. 805; 2015, c. 168.</history><metadata></metadata></law>
