An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1958 |
---|---|
Law Number | 589 |
Subjects |
Law Body
CHAPTER 589
AN ACT to amend the Code of Virginia by adding in Title 88 thereof a new
article numbered 2.1, containing new sections numbered 33-36.1
through 38-86.10, establishing the Interstate System of State Highways
and authorizing the State Highway Commission to establish, desig-
nate, construct, maintain and improve roads in the Interstate System.
[S 228]
Approved March 29, 1958
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding in Title 33 thereof
a new article numbered 2.1, containing new sections numbered 33-36.1
through 33-36.10 as follows:
ARTICLE 2.1
The Interstate System
§ 33-36.1. There is hereby authorized a system of interstate highways
to constitute a part of the National System of Interstate and Defense High-
ways as authorized and designated in accordance with Sec. 7 of the Federal-
Aid Highway Act of 1944 and Sec. 108 (a) of the Federal-Aid Highway
Act of 1956, hereinafter referred to as “Interstate System”.
The Interstate System, as used in this article and elsewhere in the
Code of Virginia, shall be those highways, or sections thereof, declared by
resolution of the State Highway Commission to be portions of the Inter-
state System, and may include existing highways and streets, even though
established as turnpikes, toll projects, revenue bond projects, or streets
of cities and towns.
§ 33-36.2. The State Highway Commission may plan, designate,
acquire, open, construct, reconstruct, improve, maintain, discontinue, aban-
don and regulate the use of the Interstate System in the same manner in
which it is now or may be authorized to plan, designate, acquire, open, con-
struct, reconstruct, improve, maintain, discontinue, abandon and regulate
the use of the primary system of State highways. The Commission may
vacate, close or change the location of any street or public way in the
manner in which it is now authorized by law to vacate, close or change
the location of a highway in the primary system. The Commission shall
have any and all other authority and power relative to such Interstate
System as is vested in it relative to highways in the primary system and
shall include the right to acquire by purchase, eminent domain, grant or
dedication title to lands or rights of way for such Interstate Highways
whether within or without the limits of any city or town, and in addition
thereto, shall have such other power, control and jurisdiction necessary
to comply with the provisions of the Federal-Aid Highway Act of 1956
and all acts amendatory or supplementary thereto, all other provisions of
law to the contrary notwithstanding.
§ 33-36.3. The roads embraced within the Interstate System shall be
established, constructed and maintained by the State under the direction
and supervision of the Commissioner with such State funds as may here-
after be appropriated and made available for such purposes, together with
such appropriations as may hereafter be made by any county, city or town
in this State and such funds as are now available or which may hereafter
be derived from the Federal government for such purposes.
§ 33-36.4. The State Highway Commission may apply funds becoming
available for the Interstate System from proceeds from the tax on motor
fuel and other sources to the maintenance of roads and projects in the
Interstate System as well as to the construction thereof.
§ 33-36.5. Whenever any portion of the Interstate System which is
to be constructed within cities or towns is to occupy existing streets, the
right of way in the street shall be occupied by the Interstate System free
of cost to the Commonwealth.
When the Interstate System extending into or through cities or towns
has been constructed to the required standards, streets or roads occupied
thereby, shall cease to maintained and controlled by the governing bodies
of such cities or towns and such cities and towns shall thereafter be
relieved from all civil liability arising from the physical condition of such
streets or roads. Such streets and roads shall not be considered as mileage
for which the State Highway Commission is required to make payment to
such cities or towns by any other provisions of law.
Nothing contained in this article shall relieve the cities or towns
through which any portion of the Interstate System is projected from the
responsibility for the preservation of public peace, prevention of crime,
apprehension of criminals, protection of the rights of persons and property,
and enforcement of the laws of the Commonwealth, and the rules and regu-
lations enacted pursuant thereto nor shall anything contained herein be
a a as a waiver by the Commonwealth of its immunity from liability
or tort.
§ 33-36.6. The State Highway Commission may transfer such roads,
bridges and streets as the Commission shall deem proper from the sec-
ondary or primary system of State highways to the Interstate System of
State highways. Upon such transfer the roads, bridges and streets so
transferred shall become for all purposes parts of the Interstate System
of State highways and thereafter cease being parts of the secondary or
primary system of State highways. The Commission may add such roads,
bridges and streets as it deems proper to the Interstate System without
limitations as to mileage.
§ 33-36.7. The State Highway Commission may transfer such roads,
bridges and streets as the Commission shall deem proper from the Inter-
state System of State Highways to the primary system or secondary system
of State highways without limitations as to mileage; upon such transfer,
the roads, bridges and streets so transferred shall become for all purposes
parts of the primary system or secondary system of State highways and
thereafter cease being parts of the Interstate System of State Highways.
§ 33-36.8. The provisions of §§ 33-36.2 to 33-36.7, inclusive, of this
Article 2.1, shall not become effective with respect to those segments of
the Interstate System constructed and financed as toll projects until the
revenue bonds and the interest thereon issued on account of said toll
projects shall have been paid or a sufficient amount for the payment of all
such bonds and the interest to maturity thereon shall have been set aside
in trust for the benefit of the respective bondholders. When the bonds
and interest thereon, outstanding on account of such projects, shall have
been paid or a sufficient amount for the payment of such bonds and the
interest thereon to the maturity thereof shall have been so set aside in
trust, and when the State Highway Commission shall have by formal
action, recorded in its minutes, determined the existence of such fact,
then any in such event, the provisions of this Act shall fully apply to such
projects.
§ 33-36.9. Whenever the Commission shall determine that it is neces-
sary that any tracks, pipes, mains, conduits, cables, wires, towers or other
structures, equipment and appliances (herein called “facilities”) of any
utility as herein defined, in, on, under, over or along existing streets which
are to be included within any project on the Interstate System within
cities or towns should be relocated or removed, the owner or operator of
such facilities shall relocate or remove the same in accordance with the
order of the Commission. The cost of such relocation or removal, as
herein defined, including the cost of installing such facilities in a new
location or locations, and the cost of any lands, or any rights or interest
in lands, and any other rights, required to accomplish such relocation or
removal, shall be ascertained and paid by the Commission as a part of
the cost of such project.
For the purposes of this section, the term “utility” shall include pub-
licly, privately, and cooperatively owned utilities and the term “cost of
relocation or removal” shall include the entire amount paid by such utility
properly attributable to such relocation or removal after deducting there-
from any increase in the value of the new facility and any salvage value
derived from the old facility. .
The cost of relocating or removing utility facilities in connection with
any project on the Interstate System within cities or towns is hereby
declared to be a cost of highway construction. .
§ 38-36.10. The provisions of this Article are severable, and if any of
its provisions shall be held unconstitutional by any court of competent
jurisdiction, the decision of such court shall not affect or impair any of
the other provisions of this Article.