                                 CODE OF VIRGINIA

CONDEMNATION OF PROJECTS AND PROPERTY (§ 33.2-1704)

A. Whenever a reasonable price cannot be agreed upon or whenever the owner is
legally incapacitated, absent, unable to convey valid title, or unknown, the
Board may acquire by condemnation any project contemplated by &#xA7; 33.2-1703
or interest therein and any lands, rights, easements, franchises, and other
property deemed necessary or convenient for the improvement or the efficient
operation of any project acquired or constructed under this chapter, or for the
purpose of constructing any project or portion thereof pursuant to this chapter,
or for securing a right-of-way leading to any such project or its approaches, in
the manner provided in this chapter. Such condemnation proceedings shall be
conducted and the compensation to be paid shall be ascertained and paid in the
manner provided by law with reference to the condemnation of property by the
Board for state highway purposes.

B. Title to any property condemned by the Board shall be taken in the name of
the Commonwealth. The Commonwealth shall be under no obligation to accept and
pay for any property condemned or any cost incidental to any condemnation
proceedings and shall not pay for the same except from the funds provided by
this chapter; and in any condemnation proceedings, the court having jurisdiction
of the suit, action, or proceeding may make such orders as may be just to the
Commonwealth and to the owners of the property to be condemned and may require
an undertaking or other security to secure such owners against any loss or
damage to be sustained by reason of the failure of the Commonwealth to accept
and pay for the property, but such undertaking or security shall impose no
liability upon the Commonwealth, except such as may be paid from the funds
provided under the authority of this chapter, provided that condemnation shall
not lie in any case when the Commonwealth, in granting a franchise to any
project named in this chapter, has stipulated the terms upon which it may
acquire such project.

HISTORY: Code 1950, § 33-232; 1970, c. 322, § 33.1-272; 1991, cc. 666, 713;
1993, c. 793; 2014, c. 805.