CHAPTER 700

An Act to amend and reenact § 88-57, as amended, of the Code of Virginia,
relating to the power to acquire land by purchase, gift or eminent

domain.
[H 1065]
Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 38-57, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 33-57. The State Highway Commissioner is hereby vested with
the power to acquire by purchase, gift, or power of eminent domain such
lands, structures, rights of way, franchises, easements and other interest
in lands, including lands under water and riparian rights, of any person,
association, partnership, corporation, or municipality or political subdivi-
sion, deemed to be necessary for the construction, reconstruction, altera-
tion, maintenance and repair of the public highways of the State and for
these purposes and all other purposes incidental thereto may condemn
property in fee simple and rights of way of such width and on such routes
and grades and locations as by the Commissioner may be deemed requi-
site and suitable, including locations for permanent, temporary, continuous,
periodical or future use, and rights or easements incidental thereto and
lands, quarries, and locations with rights of ingress and egress, containing
gravel, clay, sand, stone, rock, timber and any other road materials deemed
useful or necessary in carrying out the purposes aforesaid. For the pur-
pose of this article “public highway” means highway, road and street;
and when applicable, the term “public highway” also includes bridge,
ferry, causeway, landing and wharf.

The Commissioner is authorized to exercise the above power within
municipalities on projects which are constructed with. State or Federal
participation, if requested by the municipality concerned. Whenever the
Commissioner has acquired property pursuant to a request of the munici-
pality he is authorized to convey the title so acquired to the municipality
tm accordance with the terms of the agreement between the State and the
municipality. The authority for such conveyance shall apply to acquisi-
tions made by the Commissioner pursuant to previous requests of the
municipality as well as any subsequent request.