CHAPTER 353

An Act to amend the Code of Virginia by adding in Article 2.1 of Chapter
1 of Title 88 a section numbered 88-36.10, relating to relocation or
removal of certain utility facilities. P

(S 320]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding in Article 2.1 of
chapter 1 of Title 33 a section numbered 33-36.10, as follows:

§ 33-36.10. Whenever the Commission shall determine that it is
necessary that any pipes, mains, storm sewers, water lines, sanitary sewers
or other structures, equipment and appliances (herein called ‘‘facilities”’)
of any utility owned by a county or a political subdivision of the State
or county, or storm sewers, water lines or sanitary sewers owned
by acity and extending into any county, in, on, under, over or along existing
streets or roads which are to be included within any project on the Inter-
state System within any county should be relocated or removed, the county
or political subdivision of the State or county, or city, as the case may be,
shall relocate or remove the same in accordance with the order of the
Commission. The cost of such relocation or removal, as herein defined,
including the cost of installing such facilities in a new location or loca-
tions, and the cost of any lands, or any rights or interest in lands, and
any other rights, required to accomplish such relocation or removal, shall
be ascertained and paid by the Commission as a part of the cost of such
project.

For the purposes of this section, the term “cost of relocation or re-
moval’ shall include the entire amount paid for the relocation or removal
of such utility facilities properly attributable to such relocation or removal
after deducting therefrom any increase in the value of the new facility
and any salvage value derived from the old facility. _—

The cost of relocating or removing such utility facilities in connec-
tion with any project on the Interstate System within counties is hereby
declared to be a cost of highway construction.