                                 CODE OF VIRGINIA

AUTHORITY TO ACQUIRE ENTIRE TRACT OF LAND, OR PARCEL THEREOF, WHEN ONLY PART TO
BE UTILIZED FOR HIGHWAY PURPOSES (§ 33.2-1007)

In acquiring rights-of-way for highway construction, reconstruction, or
improvement, and lands incidental to such construction, reconstruction, or
improvement, the Commissioner of Highways is authorized and empowered, whenever
a portion of a tract of land is to be utilized for right-of-way or a purpose
incidental to the construction, reconstruction, or improvement of a public
highway, to acquire by purchase, gift, or the exercise of the power of eminent
domain the entire tract of land or any part thereof whenever (i) the remainder
of such tract or part thereof can no longer be utilized for the purpose for
which the entire tract is then being utilized; (ii) a portion of a building is
to be taken; (iii) the cost of removal or relocation of the buildings or other
improvements on the remaining portion necessitated by the taking would exceed
the cost of destroying such buildings or other improvements; (iv) the highway
project will leave the remaining portions without a means of access to a public
highway; or (v) in the judgment of the Commissioner of Highways the resulting
damages to the remainder of such tract or part thereof lying outside the
proposed right-of-way, or the area being acquired for a purpose incidental to
the construction, reconstruction, or improvement of a public highway, will
approximate or equal the fair market value of such remaining lands. However, the
Commissioner of Highways shall not acquire the remainder of such tracts by
purchase where the remaining portion is in excess of 10 acres or by condemnation
where the remaining portion is in excess of two acres. Nothing contained in this
section shall be construed as preventing the Commissioner of Highways from
complying, where applicable, with the provisions of § 25.1-417.

HISTORY: Code 1950, § 33-117.2; 1960, c. 546; 1964, c. 262; 1970, c. 322, §
33.1-91; 1973, c. 166; 2003, c. 940; 2014, c. 805.