33.1-91 - Authority to acquire entire tract of land, or parcel thereof, when only part to be utilized for highway purposes. - Virginia Statutes

§ 33.1-91. Authority to acquire entire tract of land, or parcel thereof, whenonly part to be utilized for highway purposes.

In acquiring rights-of-way for highway construction, reconstruction orimprovement, and lands incidental to such construction, reconstruction orimprovement, the Commissioner is authorized and empowered, whenever a portionof a tract of land is to be utilized for right-of-way, or a purposeincidental to the construction, reconstruction or improvement of a publichighway, to acquire by purchase, gift or by the exercise of the power ofeminent domain the entire tract of land or any part thereof, whenever theremainder of such tract or part thereof can no longer be utilized for thepurpose for which the entire tract is then being utilized, or a portion of abuilding is to be taken or the cost of removal or relocation of thebuildings, or other improvements on the remaining portion, necessitated bythe taking, would exceed the cost of destroying such buildings or otherimprovements, or the highway project will leave the remaining portionswithout a means of access to a public highway, or whenever in the judgment ofthe Commissioner the resulting damages to the remainder of such tract or partthereof lying outside the proposed right-of-way, or the area being acquiredfor a purpose incidental to the construction, reconstruction or improvementof a public highway, will approximate or equal the fair market value of suchremaining lands; provided, however, that the Commissioner shall not acquirethe remainder of such tracts by purchase where the remaining portion is inexcess of 10 acres or, by condemnation where the remaining portion is inexcess of two acres. Nothing contained herein shall be construed aspreventing the Commissioner from complying, where applicable, with theprovisions of § 25.1-417.

(Code 1950, § 33-117.2; 1960, c. 546; 1964, c. 262; 1970, c. 322; 1973, c.166; 2003, c. 940.)