                                 CODE OF VIRGINIA

CONDEMNATION OF LANDS FOR COMPENSATORY MITIGATION OF WETLANDS (§ 25.1-109)

When authorization is required by federal or state law for any project affecting
wetlands and the authorization is conditioned upon compensatory mitigation for
adverse impacts to wetlands, no condemnor shall acquire through exercise of the
power of eminent domain any property to satisfy such condition unless: (i) the
property sought to be acquired is located within the same locality as the
project affecting wetlands, or (ii) the governing body of the locality where the
property sought to be acquired consents to its acquisition for such purpose.
This section shall not apply to property acquired by the Commissioner of
Highways pursuant to Title 33.2.

HISTORY: 2005, c. 311.