62.1-136 - Power of eminent domain. - Virginia Statutes

§ 62.1-136. Power of eminent domain.

The Authority is hereby vested with the power of eminent domain to acquireproperty or any interest therein, however held, but not property of theCommonwealth or its agencies, and may exercise the same for the purposes setforth in §§ 62.1-132.18 and 62.1-132.19 in the manner and to the extent setforth in, and subject to the provisions of, Chapter 2 (§ 25.1-200 et seq.) ofTitle 25.1; provided that the Authority shall have no power to condemn anyproperty belonging to any other political subdivision of the Commonwealth, orto any common carrier, or public utility or other public service corporationwhich is being devoted to public use or service. Whether property is beingdevoted to public use or service in the case of a public service corporation,common carrier, or public utility, shall be decided by the State CorporationCommission in a proceeding under § 25.1-102; and in the case of a politicalsubdivision shall be decided by the court in which the proceeding is brought.

(Code 1950, § 62-106.8:1; 1962, c. 346; 1968, c. 659; 1981, c. 589; 2003, c.940.)