CHAPTER 262

An Act to amend and reenact §§ 33-117.2 and 338-117.8 of the Code of
Virginia, relating to the acquisition of residue parcels of land by the
State Highway Commission. P

(S 107]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That §§ 33-117.2 and 33-117.3 of the Code of Virginia be amended and
reenacted as follows:

§ 33-117.2. Authority to acquire entire tract of land, or parcel thereof,
when only part to be utilized for highway purposes.—In acquiring rights of
way for highway construction, reconstruction or improvement, and lands
incidental to such construction, reconstruction or improvement, the State
Highway Commission is authorized and empowered, whenever a portion
of a tract of land is to be utilized for right of way, or a purpose incidental
to the construction, reconstruction or improvement of a public highway,
to acquire by purchase * , gift or by the exercise of the power of eminent
domain the entire tract of land or any part thereof, whenever the re-
mainder of such tract or part thereof can no longer be utilized for the
purpose for which the entire tract is then being utilized, or a portion of a
building is to be taken or the cost of removal or relocation of the buildings
or other improvements on the remaining portion, necessitated by the
taking, would exceed the cost of destroying such buildings or other im-
provements, or the highway project will leave the remaining portions
without a means of access to a public highway, or whenever in the judg-
ment of the State Highway Commission the resulting damages to the
remainder of such tract or part thereof lying outside the proposed right
of way, or the area being acquired for a purpose incidental to the con-
struction, reconstruction or improvement of a public highway, will ap-
proximate or equal the fair market value of such remaining lands; pro-
vided, however, that the State Highway Commission shall not acquire the
remainder of such tracts by purchase where the remaining portion is in
excess of ten acres or, by condemnation where the remaining portion is
in excess of two acres.

§ 33-117.3. Acquisition of residue parcels declared to be in public
interest * . —The acquisition of such residue parcels in addition to the
lands necessary for the immediate use for highway rights of way or pur-
poses incidental to the construction, reconstruction or improvement of
public highways, is hereby declared to be in the public interest and con-
stitutes a public use as the term public uses is used in Section 58 of the
Constitution of Virginia * .