                                 CODE OF VIRGINIA

BYPASSES THROUGH OR AROUND CITIES AND TOWNS (§ 33.2-318)

A. The Commissioner of Highways may acquire by gift, purchase, exchange,
condemnation, or otherwise such lands or interest therein necessary or proper
for the purpose and may construct and improve thereon such bypasses or
extensions and connections of the primary state highway system through or around
cities and towns as the Board deems necessary for the uses of the primary state
highway system, provided that the respective cities and towns with populations
of 3,500 or more by action of their governing bodies agree to participate in all
costs of such construction and improvement, including the cost of rights-of-way,
on that portion of any such bypass or extension that is located within any such
city or town. The maintenance of that portion of a bypass or extension located
within a city or town shall be borne by the city or town. However, the Board
shall contribute to such maintenance in accordance with the provisions of law
governing its contribution to the maintenance of highways, bridges, and streets
in such cities and towns. The location, form, and character of informational,
regulatory, and warning signs, curb and pavement, or other markings and traffic
signals installed or placed by any public authority shall be subject to the
approval of the Commissioner of Highways. At both ends of bypasses through or
around cities and towns, the Commissioner of Highways shall erect and maintain
adequate directional signs of sufficient size and suitable design to indicate
clearly the main route leading directly into such cities and towns.

B. Notwithstanding the provisions of subsection A, in any case in which a
municipality refuses to contribute to the construction of a bypass or an
extension or connection of the primary state highway system within said
municipality, the Commissioner of Highways may construct such bypass or
extension and connection without any contribution by the municipality when the
Board determines that such bypass or extension and connection is primarily rural
in character and that the most desirable and economical location is within the
municipality. Any bypass or extension and connection built under this subsection
shall be maintained by the Commissioner of Highways as a part of the primary
state highway system, and the municipality shall receive no payment for such
bypass or extension and connection under &#xA7; 33.2-319.

C. All the provisions of general law relating to the exercise of eminent domain
by the Commissioner of Highways are applicable to such bypasses, extensions, and
connections of the primary state highway system.

D. The Board may expend out of funds appropriated to the Board and allocated to
an applicable project under &#xA7; 33.2-358, 33.2-370, or 33.2-371 such funds as
may be necessary to carry out the provisions of this section.

HISTORY: Code 1950, § 33-35; 1964, c. 258; 1970, c. 322, § 33.1-39; 1977, c.
578; 2014, c. 805; 2015, c. 684.