25.1-109 - Condemnation of lands for compensatory mitigation of wetlands. - Virginia Statutes

§ 25.1-109. Condemnation of lands for compensatory mitigation of wetlands.

When authorization is required by federal or state law for any projectaffecting wetlands and the authorization is conditioned upon compensatorymitigation for adverse impacts to wetlands, no condemnor shall acquirethrough exercise of the power of eminent domain any property to satisfy suchcondition unless: (i) the property sought to be acquired is located withinthe same locality as the project affecting wetlands, or (ii) the governingbody of the locality where the property sought to be acquired consents to itsacquisition for such purpose. This section shall not apply to propertyacquired by the Commonwealth Transportation Commissioner pursuant to Title33.1.

(2005, c. 311.)