Code of Virginia § 33.2-308. Additional provisions on relocation or removal of utility facilities within projects on Interstate System.

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A. For the purposes of this section:

"Cost of highway construction" includes the cost of relocating or removing utility facilities in connection with any project on the Interstate System or primary state highway system within counties.

"Cost of relocation or removal" includes the entire amount paid by such utility 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.

"Facility of a utility" includes pipes, mains, storm sewers, water lines, sanitary sewers, natural gas facilities, or other structures, equipment, and appliances.

B. Whenever the Board determines that it is necessary to relocate or remove any facility of a utility owned by

(i)a county,

(ii)a political subdivision of the Commonwealth or county, or

(iii)a nonprofit, consumer-owned company, located in a county having a population of at least 32,000 but no more than 34,000, that

(a)is exempt from income taxation under § 501(c)(3) of the Internal Revenue Code,

(b)is organized to provide suitable drinking water,

(c)has no assistance from investors,

(d)does not pay dividends, and

(e)does not sell stock to the general public, or storm sewers, water lines, natural gas facilities, or sanitary sewers owned by a city and extending into any county in, on, under, over, or along existing highways that are to be included within any project on the Interstate System or the primary state highway system within any county, the county or political subdivision of the Commonwealth or county, consumer-owned company, or city shall relocate or remove the same in accordance with the order of the Board. The cost of such relocation or removal including the cost of installing such facility in a new location, 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 Board as a part of the cost of the project.

Code 1950, § 33-36.10; 1964, c. 353; 1970, c. 322, § 33.1-56; 1989, c. 46; 1998, c. 219 ; 1999, c. 942 ; 2014, c. 805 .