33.1-98 - Procedure in general; suits in name of Commissioner; survival; validation of suits; notice of filing. - Virginia Statutes

§ 33.1-98. Procedure in general; suits in name of Commissioner; survival;validation of suits; notice of filing.

A. Proceedings for condemnation under this article shall be instituted andconducted in accordance with the procedures provided in Chapter 2 (§ 25.1-200et seq.) of Title 25.1, except that the provisions of §§ 33.1-119 through33.1-132 shall be applicable to such proceedings.

B. All suits shall be instituted and conducted in the name of theCommonwealth Transportation Commissioner as petitioner without naming theindividual who may be such Commissioner or acting Commissioner. In the eventof the death, removal, retirement or resignation of the Commissioner oracting Commissioner, the suit shall automatically survive to a successorCommissioner or acting Commissioner, as the case may be. All suits heretoforefiled in accordance with the provisions of this section are hereby ratified,validated and confirmed.

C. In addition to any other notices required to be served pursuant to thissection, in any proceeding instituted by the Commissioner under this title, acopy of the notice of the filing of the petition also shall be served, in thesame manner as such notice is served upon owners, upon any person owningstructures or improvements for which an outdoor advertising permit has beenissued by the Commissioner pursuant to § 33.1-360.

(Code 1950, § 33-59; 1960, c. 491; 1964, c. 383; 1970, c. 322; 1972, c. 765;2003, c. 940.)