                                 CODE OF VIRGINIA

ADDITIONAL POWERS OF THE COMMISSION (§ 33.2-2204)

The Commission has the power:

1. To construct grade separations at intersections of the project with public
highways and to change and adjust the lines and grades of such highways so as to
accommodate the same to the design of such grade separation. The cost of such
grade separations and any damage incurred in changing and adjusting the lines
and grades of such highways shall be ascertained and paid by the Commission as a
part of the cost of the project.

2. To change the location of any portion of any public highway. The Commission
shall cause the portion of the public highway to be reconstructed at such
location as the Commission deems most favorable and of substantially the same
type and in as good condition as the original highway. The cost of such
reconstruction and any damage incurred in changing the location of any such
highway shall be ascertained and paid by the Commission as a part of the cost of
the project.
			Any public highway affected by the construction of the project may be vacated
or relocated by the Commission in the manner now provided by law for the
vacation or relocation of public roads, and any damages awarded on account
thereof shall be paid by the Commission as a part of the cost of the project.

3. To enter upon any lands, waters, and premises in the Commonwealth, along with
its authorized agents and employees, for the purpose of making surveys,
soundings, drillings, and examinations as they may deem necessary or convenient
for the purposes of this chapter, and such entry shall not be deemed a trespass,
nor shall an entry for such purposes be deemed an entry under any condemnation
proceedings that may be then pending. The Commission shall make reimbursement
for any actual damage resulting to such lands, waters, and premises as a result
of such activities.

4. To make reasonable regulations for the installation, construction,
maintenance, repair, renewal, relocation, and removal of tracks, pipes, mains,
conduits, cables, wires, towers, poles, and other equipment and appliances
(herein called &#8220;public utility facilities&#8221;) of any public utility
in, on, along, over, or under the project. When public utility facilities that
are or may be located in, on, along, over, or under the project should be
relocated in the project, or should be removed from the project, the public
utility owning or operating such facilities shall relocate or remove the same in
accordance with the order of the Commission, provided that the cost and expenses
of such relocation or removal, including the cost of installing such facilities
in a new location, and the cost of any lands, or any rights or interests in
lands, and any other rights, acquired to accomplish such relocation or removal,
shall be ascertained and paid by the Commission as a part of the cost of the
project. In case of any such relocation or removal of facilities, the public
utility owning or operating the facilities, its successors or assigns, may
maintain and operate such facilities, with the necessary appurtenances, in the
new location, for as long a period, and upon the same terms and conditions, as
it had the right to maintain and operate such facilities in their former
location.
			The Commonwealth hereby consents to the use of all lands owned by it,
including lands lying under water, that are deemed by the Commission to be
necessary for the construction or operation of the project.

HISTORY: 1956, c. 693; 2014, c. 805.