CHAPTER 470

An Act to amend and reenact §§ 88-188 and 33-184 of the Code of Vir-
ginta, relating to acquisition and establishment of recreational waysides
and areas of scenic beauty. _—

[S 322]

Approved April 4, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 83-133 and 33-184 of the Code of Virginia be amended and
reenacted as follows:

§ 33-133. (a) To promote the safety, convenience and enjoyment
of travel on, and protection of the public investment in, highways of this
State, and for the restoration, preservation, and enhancement of scenic
beauty within and adjoining such highways, tt is hereby declared to be
in the public interest to acquire and establish recreational waysides and
areas of scenic beauty adjoining the highways of this State.

(b) The State Highway Commissioner may, whenever in his opinion
it is to the best interests of the State *, accept from the United States, or
any authorized agency thereof, a grant or grants of any recreational way-
sides established and constructed by the United States, or any such agency
thereof, * or a grant or grants of funds for landscaping and scenic en-
hancement of highways, and the Commissioner may, on behalf of the Com-
monwealth, enter into a contract or contracts with the United States or
any such agency to maintain and operate any such recreational waysides
which may be so granted to the Commonwealth and may do all things
necessary to receive and expend Federal funds for landscaping and scente
enhancement.

(c) The Commissioner may, * whenever it is to the best interest of
the operation of the * znterstate, the primary or the secondary system 0
State highways, * establish, construct, maintain, and operate * adjoining
ie State highway appropriate recreational waysides and areas of scentc

eauty.

(d) The Commissioner is authorized to acquire by purchase, gift
or the power of eminent domain such land or interest in land as may be
necessary to carry out the provisions of this section, provided that in exercis-
ing the power of eminent domain for areas of scenic beauty such areas must
adjoin and lie within one hundred feet of the right of way of the highway,
and the procedure shall be mutatis mutandis the same as provided for the
acquisition of land by the State Highway Commissioner in Article 5,
Chapter 1 of this Title.

§ 33-184. Such recreational waysides and areas of scenic beauty, when
so acquired, established, maintained, and operated shall be deemed to be
a part of the * Interstate, Primary or Secondary System, but land acquired
for areas of scenic beauty shall not be deemed a part of the right of way for
the purpose of future acquisition of areas of scenic beauty under the pro-
visions of § 33-133.