CHAPTER 273

An Act to amend and reenact §§ 33-228, as amended, and 88-284 of the
Code of Virginia, relating to definition of terms under State Revenue
Bond Act and construction of projects thereunder. g

[S 201]

Approved March 15, 1962

Be it enacted by the General Assembly of Virginia:
1. That §§ 33-228, as amended, and 33-234 of the Code of Virginia
be amended and reenacted as follows:

§ 33-228. Definitions.—As used in this article, the following words
and terms shall have the following meanings:

(1) The word “Commission” shall mean the State Highway Com-
mission or, if the State Highway Commission shall be abolished, any
board, commission or officer succeeding to the principal functions thereof
or upon whom the powers given by this article to the Commission shall
be given by law.

(2) The word “project” or “projects” shall mean any one or more
of the following:

(a) York River Bridge, extending from a point within the town
of Yorktown, in York county, or within York county across the York
River to Gloucester Point or some point in Gloucester county;

(b) Rappahannock River Bridge, extending from Greys Point, or
its vicinity, in Middlesex county, across the Rappahannock River to a
point in the vicinity of White Stone, in Lancaster county, or at some
other feasible points in the general vicinity of the two respective points;

(c) Claremont Ferry, operating from a point in Charles City county,
route six hundred and seventeen, across the James River to Claremont, in
Surry county, route forty;

(d) James River Bridge, extending from or near the city of Hope-
well across the James River to a point in Charles City county;

(e) James River Bridge, extending from Glasshouse Point, north
of Jamestown, in James City county, across the James River to a point
at or near Swann’s Point, in Surry county;

(f{) The Kings Highway, including the Nansemond River Bridge,
in Nansemond county, between route one hundred and ninety-two near
Chuckatuck and route six hundred and twenty-seven at Driver Station;

(zg) Old Point Ferry, operating from Old Point, in Elizabeth City
county, across Hampton Roads to Willoughby, in the city of Norfolk;

(h) James River, Chuckatuck and Nansemond River Bridges, to-
gether with necessary connecting roads, in the city of Warwick and the
counties of Isle of Wight and Nansemond;

(i) Newport News Ferry, operating across Hampton Roads, from
the city of Newport News to Pine Beach, in the city of Norfolk;

(j) Hampton Roads Bridge, Tunnel, or Bridge and Tunnel System,
extending from a point or points in the cities of Newport News, Hamp-
ton, or Warwick on the northwest shore of Hampton Roads across
Hampton Roads to a point or points in the city of Norfolk or in the
county of Norfolk on the southeast shore of Hampton Roads;

(k) The Norfolk-Virginia Beach Highway, extending from a point
in the vicinity of the intersection of interstate route sixty-four and
primary route fifty-eight at Norfolk to some feasible point between
Londonbridge and primary route sixty; however, the project authorized
by this subsection shall not be coupled or united with any other project or
projects for the purpose of financing its construction and operation.

And shall be deemed to include all property, rights, easements
and franchises relating to any of the foregoing projects and deemed
necessary or convenient for the operation thereof and to include ap-
proaches thereto.

(3) The word “undertaking” shall mean all of the projects author-
ized to be acquired or constructed under this article.

(4) The word “improvements” shall mean such repairs, replace-
ments, additions and betterments of and to a project acquired by pur-
chase or by condemnation as are deemed necessary to place it in a
safe and efficient condition for the use of the public, if such repairs,
replacements, additions and betterments are ordered prior to the sale
of any bonds for the acquisition of such project.
(5) The term “cost of project”, as applied to a project to be
acquired by purchase or by condemnation, shall include the purchase
price or the amount of the award, cost of improvements, financing
charges, interest during any period of disuse before completion of
improvements, cost of traffic estimates and of engineering and legal
expenses, plans, specifications and surveys, estimates of cost and of
revenues, other expenses necessary or incident to determining the feasi-
bility or practicability of the enterprises, administrative expenses and
such other expenses as may be necessary or incident to the financing
herein authorized and the acquisition of the project and the placing of the
project in operation.

(6) The term “cost of project”, as applied to a project to be con-
structed, shall embrace the cost of construction, the cost of all lands,
properties, rights, easements and franchises acquired, which are deemed
necessary for such construction, the cost of acquiring by purchase or
condemnation any ferry which is deemed by the Commission to be
competitive with any bridge to be constructed, the cost of all machinery
and equipment, financing charges, interest prior to and during con-
struction and for one year after completion of construction, cost of
traffic estimates and of engineering data, engineering and legal expences,
cost of plans, specifications and surveys, estimates of cost and of revenues,
other expenses necessary or incident to determining the feasibility or
practicability of the enterprise, administrative expense and such other
expenses as may be necessary or incident to the financing herein author-
ized, the construction of the project, the placing of the project in op-
eration and the condemnation of property necessary for such construction
and operation.

(7) The word “owner” shall include all individuals, incorporated
companies, copartnerships, societies or associations having any title or
interest in any property, rights, easements or franchises authorized to
be acquired by this article.

§ 33-234. Construction of projects—The Commission may con-
struct, whenever it shall deem such construction expedient, any of the
projects numbered paragraphs (a), (b), (d), (e) , * (j) and (k), as
set forth in subsection (2) of § 33-228. The Commission may purchase
within this State, solely from funds provided under the authority of this
article, such lands, structures, rights of way, franchises, easements and
other interests in lands, including lands under water and riparian rights
of any person, copartnership, association, railroad or other corporation,
or municipality or political subdivision, deemed necessary for the con-
struction of any project, upon such terms and at such prices as may be
considered by it to be reasonable and can be agreed upon between it
and the owner thereof and may take title thereto in the name of the
State. The State hereby consents to the use of all lands lying under
water, which are within the State and are necessary for the construction
and operation of any project and the approaches and appurtenances
thereto, which may be constructed under the provisions of this article.
All public or private property damaged or destroyed in carrying out the
powers granted hereunder shall be restored or repaired and placed in
their original condition, as nearly as practicable, or adequate compen-
sation made therefor, out of funds provided under the authority of this
article.