33.1-91.1 - Authority to acquire land to replace parkland; applicability. - Virginia Statutes

§ 33.1-91.1. Authority to acquire land to replace parkland; applicability.

Notwithstanding any contrary provision of this title, the CommonwealthTransportation Commissioner may acquire by gift or purchase any propertywithout a permanent residential structure, or an interest in property, neededto replace parkland that is acquired for the improvement, maintenance,construction, or reconstruction of highways. Land acquired to replaceparkland shall be abutting or appurtenant to the property of rights-of-wayacquired for the improvement, maintenance, construction, or reconstruction ofhighways. For the purposes of this section, the term "parkland" shall onlyinclude parks and recreational areas under the jurisdiction of localgoverning bodies or state agencies. Before exercising the authority grantedby this section, the Commonwealth Transportation Commissioner shall notifythe local governing body or state agency having jurisdiction over theparkland and shall obtain the concurrence of the local governing body orstate agency that replacement parklands should be acquired and conveyed tothe local governing body or state agency in exchange for the parkland neededfor the improvement, maintenance, construction, or reconstruction of thehighway.

The provisions of this section shall apply only in Albemarle County and theCity of Charlottesville.

(2000, c. 310.)