Tuesday, October 7, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB2538: Transportation Commissioner;enter on land to ascertain its suitability for transportation purposes.
Be it enacted by the General Assembly of Virginia:
1. That § 33.1-94 of the Code of Virginia is amended and reenacted as follows:
§ 33.1-94. Right to enter on land to ascertain its suitability for highway and other transportation purposes; damage resulting from such entry.
A. The Commonwealth Transportation
Commissioner, through his duly authorized officers, agents, or servants, may
enter upon any land in the Commonwealth for the purposes of making examination
and survey thereof, with a view to ascertainment of including
but not limited to photographing, testing, including but not limited to soil
borings or testing for contamination, making appraisals, and taking such
actions as may be necessary or desirable to determine its
suitability for highway and other transportation
purposes, or for any other purpose incidental thereto. Such officers, agents,
or servants shall exercise care to protect any improvements, growing crops, or
timber in making such examination or survey.
In the event that the
Commissioner and any landowner affected cannot agree as to the amount of
damage, if any, sustained by reason of the entry upon land for the purposes
herein stated, the Commissioner shall institute condemnation proceedings, as
hereinafter provided in this chapter, for the purpose of determining the amount
of such damage, if any.
B. Notice shall be sent to the owner by certified mail, at the address recorded in the tax records, return receipt requested, or delivered by guaranteed overnight courier or otherwise delivered to the owner in person with proof of delivery not less than 15 days prior to the first date of the proposed entry. Notice of intent to enter shall be deemed made on the earlier of the date of mailing, if mailed, or on the date delivered.
C. The notice shall include the anticipated date or dates such entry is proposed to be made and the purpose of such entry. Any entry authorized by this section shall be for the purposes of making examination and survey thereof, including but not limited to photographing, testing, including but not limited to soil borings or testing for contamination, making appraisals, and taking such other actions as may be necessary or desirable to determine the suitability of such property for highway and transportation purposes and shall not be deemed a trespass.
D. The Commonwealth Transportation Commissioner, through his duly authorized officers, agents, or servants, shall make reimbursement for any actual damages to real or personal property resulting from entry upon the property. In any action filed under this section, the court may award the owner his reasonable attorney fees, court costs, and fees for no more than three expert witnesses testifying at trial if: (i) the court finds that the Commissioner maliciously, willfully, or recklessly damaged the owner’s property and (ii) the court awards the owner actual damages in an amount 30 percent or more greater than the Commissioner's final written offer made no later than 30 days after the filing of an answer in circuit court or the return date in general district court. A proceeding under this subsection shall not preclude the owner from pursuing any additional remedies available to the landowner.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.