CHAPTER 258

An Act to amend and reenact § 83-85 of the Code of Verginia, relating
to by-passes through or around cities and incorporated towns.

(S 103]
Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:
a That § 33-35 of the Code of Virginia be amended and reenacted as
ollows:

§ 33-35. By-passes through or around cities and incorporated towns.—
The State Highway Commission may acquire by gift, purchase, exchange,
condemnation or otherwise, such lands or interest therein, necessary or
proper for the purpose, and may construct and improve thereon such
by-passes or extensions and connections of the primary system of State
highways through or around cities and incorporated towns, as the Com-
mission may deem necessary for the uses of the State Highway System;
provided, that the respective cities and the incorporated towns of thirty-
five hundred population, or more, by action of their governing bodies
agree to * participate in accordance with the provisions of § 38-85.5 in
all costs of such construction and improvement, including the cost of
rights of way, on that portion of any such by-pass or extension which is
located within any such city or incorporated town. The maintenance of
that portion of a by-pass or extension located within a city or incorpo-
rated town shall be borne by the city or town. However, the Commission
shall contribute to such maintenance in accordance with the provisions of
law governing its contribution to the maintenance of streets, roads and
bridges in such cities and incorporated towns. The location, form and
character of informational, regulatory and warning signs, curb and pave-
ment or other markings and traffic signals installed or placed by any
public authority shall be subject to the approval of the Commission. At
both ends of by-passes through or around cities and incorporated towns
the Commission shall erect and maintain adequate directional signs of
sufficient size and suitable design to indicate clearly the main route or
routes leading directly into such cities and incorporated towns.

Notwithstanding the above, in any case where a municipality refuses
to contribute to the construction of a by-pass or an extension or connection
of the primary system within said municipality the State Highway Com-
mission may construct such by-pass or extension and connection without
any contribution by the municipality when the Commission determines that
such by-pass or extension and connection 1s primarily rural in character
and that the most desirable and economical location is within said muntet-
pality. Any by-pass or extension and connection butlt under this provi-
ston shall be maintained by the Commission as a part of the primary
system and the municipality shall receive no payment for such by-pass
or extension and connection under § 83-35.2.

All the provisions of general law relating to the exercise of eminent
domain by the Commissioner shall be applicable to such by-passes, or
extensions or connections of the primary system of State highways.

The Commission may expend out of funds appropriated to the Com-
nen such funds as may be necessary to carry out the provisions of

is section.