CHAPTER 673

An Act to amend and reenact § 88-255.50 of the Code of Virginia, relat-
ing to the Old Dominion Turnpike Authority so as to provide certain
additional rights for owners of property subjected to condemnation
and to define the terms “appraised price” and “appraisement”.

[H 692]
Approved March 31, 1956

Be it enacted by the General Assembly of Virginia:

1. That § 33-255.50 of the Code of Virginia be amended and reenacted
as follows:

§ 33-255.50. Acquisition of Property.—(a) The Authority is hereby
authorized and empowered to acquire by purchase solely from funds pro-
vided under the provisions of this article, such lands, structures, prop-
erty rights, rights of way, franchises, easements and other interests in
lands, including lands lying under water and riparian rights, as it may
deem necessary or convenient for the construction and operation of the
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.

All political subdivisions and, with the approval of the Governor, all
public agencies and commissions of the Commonwealth, notwithstanding
any contrary provision of law, are hereby authorized and empowered to
1030 ACTS OF ASSEMBLY [va., 1956

lease, lend, grant or convey to the Authority at its request upon such
terms and conditions as the proper authorities of such political subdivi-
sions, agencies or commissions of the Commonwealth may deem reasonable
and fair and without the necessity for any advertisement, order of court
or other action or formality, other than the regular and formal action of
the authorities concerned, any real property which may be necessary or
convenient to the effectuation of the authorized purposes of the Authority,
including public highways and other real property already devoted to
public use. In case any such public highway may not be subject to the
imposition of tolls because such highway is a part of the Federal-Aid
system of highways, the Authority may refrain from collecting tolls upon
such portion of such highway as may be necessary in order to comply
with the provisions of the Federal law then in effect.

(b) The Authority is authorized and empowered to acquire by the
exercise of the power of eminent domain any lands, property, rights,
rights of way, franchises, easements and other property, including public
lands, parks, playgrounds, reservations, highways or parkways, or parts
thereof or rights therein, of any person, copartnership, association, rail-
road, public service, public utility or other corporation, or of any political
subdivision, deemed necessary or convenient for the construction or the
efficient operation of the project or necessary in the restoration, replace-
ment or relocation of public or private property damaged or destroyed,
whenever a reasonable price cannot be agreed upon with the governing
body of such political subdivision as to such property owned by it, or
whenever the Authority cannot agree on the terms of purchase or settle-
ment with the other owner or owners because of the incapacity of such
owner or owners or because of the inability to agree on the compensa-
tion to be paid or other terms of settlement or purchase, or because such
owner or owners are nonresidents of the Commonwealth, or are unknown,
or are unable to convey valid title to such property. Such proceedings
shall be in accordance with and subject to the provisions of any and all
laws of the Commonwealth applicable to the exercise of the power of
eminent domain in the name of the State Highway Commissioner; and
subject to the provisions of § 25-233 of the Code of Virginia, 1950, as
fully as if the Authority were a corporation possessing the power of
eminent domain; provided, however, that title to any property condemned
by ‘the Authority shall immediately vest in the Authority and the Author-
ity shall be entitled to the immediate possession of such property upon
the deposit with the clerk of the court in which such condemnation pro-
ceedings are originated, of the total amount of the appraised price of
the property and court costs and fees as provided by said laws, notwith-
standing that any of the parties to such proceedings shall appeal from *
any decision in such condemnation proceedings. Whenever the Authority
shall make such deposit in connection with any condemnation proceedings,
the making of such deposit shall not preclude the Authority from appeal-
ing any decision rendered in such proceedings. * Upon the deposit with
the clerk of the court of the appraised price, any person or persons entitled
thereto may, upon petition to the court, be paid his or thetr pro rata
share of 90% of such appraised price. The acceptance of such payment
shall not preclude such person or persons from appealing any decision
rendered in such proceedings. If the appraisement is greater or less than
the amount finally determined by the decision in such proceeding or by
an appeal, the amount of the increase or decrease shall be paid by or
refunded to the Authority.

The terms “appraised price” and “appraisement” as used in this
section mean the value determined by two competent real estate ap-
praisers appointed by the Authority for such purpose.
CH. 673] ACTS OF ASSEMBLY — 1031

The acquisition of any such property by condemnation or by the
exercise of the power of eminent domain shall be and is hereby declared
to be a public use of such property.

(c) Title to any property acquired by the Authority shall be taken
in the name of the Authority.

(d) In any eminent domain proceedings the court having jurisdiction
of the suit, action or proceeding may make such orders as may be just
to the Authority and to the owners of the property to be condemned
and may require an undertaking or other security to secure such owners
against any loss or damage by reason of the failure of the Authority to
accept and pay for the property, or by reason of the taking of property
occupied by such owners, but neither such undertaking or security nor
any act or obligation of the Authority shall impose any liability upon the
Commonwealth or upon any political subdivision of the Commonwealth.

(e) If the owner, lessee or occupier of any property to be condemned
or otherwise acquired shall refuse to remove his property therefrom or
give up possession thereof, the Authority may proceed to obtain possession
in any manner provided by law.

(f{) Where the Authority proposes to cross the tracks of any railroad
the exercise of the power of eminent domain with respect to the property,
right of way, facilities, works or appurtenances upon or adjacent to
which such tracks are located, shall be limited to the acquisition only of
an easement therein, which shall be located either sufficiently above or
below the grade of any such railroad track or tracks so that neither the
project nor any part thereof, including any bridge abutments, columns,
supporting structures and appurtenances, nor any traffic upon it shall
interfere in any manner with the use, operation or maintenance of the
trains, tracks, works or appurtenances or other property of the railroad
nor interfere with or endanger the movement of the trains or traffic upon
the tracks of the railroad. Prior to the exercise of the power of eminent
domain for such easement, plans and specification of the project showing
compliance with such requirements and showing sufficient and safe plans
and specifications of such overhead or underground structure and appur-
tenances shall be submitted to the railroad for examination and approval.
If the railroad fails or refuses within thirty days to approve the plans
and specifications so submitted, the matter shall be submitted by the
Authority to fhe State Corporation Commission, whose decision, arrived
at after due consideration in accordance with its usual procedure, shall
be final as to the sufficiency and safety of such plans and specifications
and as to such elevations or distances above or below such tracks. The
overhead or underground structures and appurtenances shall be construc-
ted in accordance with such plans and specifications and in accordance
with such elevations or distances above ot below such tracks so approved
by the railroad or the State Corporation Commission, as the case may be.
A copy of the plans and specifications approved by the railroad or the
State Corporation Commission shall be filed as an exhibit upon the in-
stitution of any proceedings brought in the exercise of the power of
eminent domain under this subsection.

(g) The Commonwealth hereby consents, subject to the approval
of the Governor, to the use of any other lands or property owned by the
Commonwealth, including lands lying under water, which are deemed
by the Authority to be necessary for the construction or operation of
the project.