CHAPTER 346

An Act to amend the Code of Virginia by adding a section numbered
62-106.8:1, to confer the power of eminent domain upon the Virginia
State Ports Authority.

[S 188]

Approved March 30, 1962

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
62-106.8:1 as follows:

§ 62-106.8:1. The Authority is hereby vested with the power of
eminent domain to acquire property or any interest therein, however
held, but not property of the State or its agencies, and may exercise the
same for the purposes set forth in § 62-106.8 in the manner and to the
extent set forth in, and subject to the provisions of, Title 25 of the Code
of Virginia; provided that the Authority shall have no power to condemn
any property belonging to any other political subdivision of the Common-
wealth, or to any common carrier, or public utility or other public service
corporation which is being devoted to public use or service. Whether
property is being devoted to public use or service in the case of a public
service corporation, common carrier, or public utility, shall be decided by
the State Corporation Commission in a proceeding under § 25-233; and
in the case of a political subdivision shall be decided by the court in which
the proceeding is brought.