CHAPTER 227

An Act to amend and reenact § 83-58, as amended, of the Code of
Virginia, relating to the acquisition of property by the Highway De-
partment for exchange with railroads and utility companies.

[H 562]
Approved March 13, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 33-58, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 33-58. Whenever any railroad or public utility company owns any
land or any easement, right of way or other interest in land which the
Commissioner deems necessary and intends to acquire for any highway
project and such land, easement, right of way or other interest in land
owned by the railroad or public utility company is devoted to a public use,
the Commissioner may acquire by gift, purchase or by the exercise of the
power of eminent domain additional land or easement, right of way or
interest in land adjacent to or approximately adjacent to such land needed
and proposed to be acquired for such highway project and may then con-
vey the same to the railroad or public utility company for use by it in
lieu of the land, easement, right of way or other interest in land thereto-
fore owned by it but needed by the Commissioner for such highway project.
The condemnation of such land, easement, rights of way or other interest
in land to be conveyed to any railroad or public utility company shall be
governed by the procedure prescribed by this article and may be carried
out at the same time if against the same property owner and if against
the same landowner or in the same proceedings in which land is condemned
for highway purposes. The Commissioner may, under the same procedure
and conditions prescribed by this article, with respect to property needed
for highway purposes, enter upon and take possession of such property to
be conveyed to any railroad or public utility company in the manner pro-
vided in §§ 33-70.1 through 33-70.11 of the Code, and proceed with the
relocation of the installations of the railroad or public utility company in
order that the construction of the highway project may be carried out
without delay.

After the acquisition of the land, easement, right of way, or other
interest in land of railroads or public utility companies, and the acquisi-
tion of the additional land, easement, right of way or other interest in
land for such railroads or utility companies as hereinabove provided for
in the event the poles, lines or other facilities are not removed by such
railroads or utility companies within sixty days from the date of the tak-
ing by the Commissioner, the Commissioner is hereby vested with the
power to remove and relocate such facilities at his own cost.

Any conveyance previously made by the Commissioner in exchange
for land which was needed for a highway project is hereby declared to be
valid and effective in all respects.