Chap. 271.—An ACT to amend and re-enact Section 8, as heretofore amended, of an
act entitled “‘An act to relieve counties of Virginia of, and to assist certain cities
and towns in, the maintenance and improvement, including construction and
reconstruction, of certain roads, causeways, streets, bridges, landings and
wharves; to establish a secondary system of State highways; for such purpose to
prescribe the rights, powers, duties, and authority of the local road authorities,
the State Department of Highways, the State Highway Commission, and the
State Highway Commissioner; to prohibit certain local levies; to appropriate
and allocate funds for the purpose of this act; to provide for elections in counties
for withdrawal from the provisions of this act; and to repeal acts and parts of
acts in conflict herewith,” approved March 31, 1932, the said section being in
relation to the change of location of existing roads in and the establishment of
new roads to be added to the secondary system of State Highways, and the pay-
ment for rights of way for such roads. [S B 259]

Approved March 27, 1940

1. Be it enacted by the General Assembly of Virginia, That
section eight, as heretofore amended, of an act entitled ‘‘An act to
relieve counties of Virginia of, and to assist certair cities and towns
in, the maintenance and improvement, including construction and
reconstruction, of certain roads, causeways, streets, bridges, landings
and wharves; to establish a secondary system of State highways; for
such purpose to prescribe the rights, powers, duties, and authority
of the local road authorities, the State Department of Highways,
the State Highway Commission, and the State Highway Commis-
sioner; to prohibit certain local levies; to appropriate and allocate
funds for the purpose of this act; to provide for elections in counties
for withdrawal from the provisions of this act; and to repeal acts
and parts of acts in conflict herewith,” approved March thirty-first,
nineteen hundred and thirty-two, be amended and re-enacted so as
to read as follows:
Section 8. The local road authorities shall, however, continue to
have the powers now vested in them for the establishment of new
roads in their respective counties, to become parts of the secondary
system of State highways within such counties, and they shall likewise
have the power to alter or change the location of any road now in the
secondary system of State highways within such counties, or which
may hereafter become a part of said secondary system of State high-
ways within such counties; provided, however, that the State Highway
Commissioner shall be made a party to any proceeding before the
local road authorities for the establishment of any such road, or for
the alteration or change of the location of any such road, and provided
further that when any such board or commission appointed by the
board of supervisors to view a proposed road, or to alter or change
the location of an existing road, shall award damages for the right
of way for the same in either case to be paid in money, it may be
paid by the board of supervisors or other governing body of the
county out of the general county levy funds; and, further that no
expenditure by the State shall be required upon any new road so
established, or any old road the location of which is altered or changed,
by the local road authorities, except as may be approved by the
State Highway Commissioner. The jurisdiction and procedure for
abandonment of roads in the secondary system of State highways,
shall remain in the local road authorities as now provided by law;
provided, however, that the State Highway Commissioner shall like-
wise be made a party to any such proceeding. The State Highway
Commissioner, by and with the approval of the State Highway
Commission and the board of supervisors shall have power and
authority to make such changes in routes in, and addition to, the
secondary system of State highways from time to time, as the public
safety or convenience may require.

That the service of any process or notice in any such proceedings
upon the district engineer of the State Highway Department having
the supervision of maintenance and construction of highways in any
such county, shall be termed sufficient service on the State Highway
Commissioner.