dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 5 (PREVENTION OF FRAUDS IN SALE OF LEAF TOBACCO)
§ 61.1-47. Person making delivery must impart true name of owner; record of purchase or delivery.
Every person who shall deliver any leaf tobacco to a warehouseman or to a cooperative marketing association for sale, offer for sale or display for sale thereof, shall impart to such warehouseman or cooperative marketing association, the true name of the owner of such leaf tobacco; and it shall be the duty of such warehouseman or cooperative marketing association to keep a record of such purchase or delivery showing the quantity of leaf tobacco so delivered, and the name of the owner thereof, given as provided herein.

Code 1950, § 61-146; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 5 (PREVENTION OF FRAUDS IN SALE OF LEAF TOBACCO)
§ 61.1-48. Record and information required where tobacco delivered by person other than grower or landlord; exception.
Where leaf tobacco is delivered to a warehouseman or cooperative marketing association for sale, offer for sale or display for sale, by a person other than the grower thereof, or the landlord of the land upon which the tobacco was grown, it shall be the duty of a warehouseman or cooperative marketing association to keep a record showing the facts required in § 61.1-47; and in addition thereto if possible the name of the person from whom the person delivering the tobacco obtained the same, and the name of the original grower thereof, and the name of the landlord upon whose land the tobacco was grown, if the same was grown by a tenant. And such person, other than the grower or landlord, shall impart to the warehouseman or cooperative marketing association the true name of the person from whom he obtained the tobacco, and the name of the grower thereof and the landlord. Provided, however, that this section shall not apply to licensed leaf tobacco dealers offering for resale tobacco once sold upon the warehouse floor, and with respect to which the provisions of this chapter have previously been complied with.

Code 1950, § 61-147; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 5 (PREVENTION OF FRAUDS IN SALE OF LEAF TOBACCO)
§ 61.1-49. Ticket or card to be placed upon tobacco.
Such warehouseman or cooperative marketing association shall also place upon all leaf tobacco delivered to him or to it for sale, offer for sale, or display for sale, a ticket or card which shall state the matters and things required to be recorded by the warehouseman or cooperative marketing association by §§ 61.1-47 and 61.1-48.

Code 1950, § 61-148; 1968, c. 69.
Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 5 (PREVENTION OF FRAUDS IN SALE OF LEAF TOBACCO)
§ 61.1-50. Tickets or cards open to inspection for ten days after delivery of tobacco.
All cards or tickets kept, prepared or placed upon tobacco as required herein, shall, for the period of ten days after the delivery of such tobacco, be open to the inspection of the representative of any public tobacco warehouse, or tobacco growers cooperative association, during regular business hours and such representative shall have access to the place where such cards or tickets are kept for the purpose of such inspection.

Code 1950, § 61-149; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 5 (PREVENTION OF FRAUDS IN SALE OF LEAF TOBACCO)
§ 61.1-51. Violations constituting misdemeanors.
Any person who shall give a fictitious or false name to the warehouseman or cooperative marketing association hereinbefore referred to, or who shall fail to give to such warehouseman or cooperative marketing association the true name of the owner of such leaf tobacco or the person from whom the tobacco was obtained, or the grower and the landlord, upon delivering the same as aforesaid, shall be guilty of a misdemeanor. Any warehouseman or cooperative marketing association who shall fail to comply with any of the provisions of this chapter, or who shall deny to any such representative the privilege of inspection or access as provided in § 61.1-50, shall be guilty of a misdemeanor. Any warehouseman or cooperative marketing association who shall buy or sell leaf tobacco as above set forth, knowing that the name in which the tobacco is sold, or any name given pursuant to the provisions hereof, is false or fictitious, shall be guilty of a misdemeanor.

Code 1950, § 61-150; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 5 (PREVENTION OF FRAUDS IN SALE OF LEAF TOBACCO)
§ 61.1-52. Punishment for misdemeanor.
Any person guilty of a misdemeanor under the provisions of this chapter shall be punished as provided in § 18.2-12.

Code 1950, § 61-151; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 5 (PREVENTION OF FRAUDS IN SALE OF LEAF TOBACCO)
§ 61.1-53. "Warehouseman" defined.
The term "warehouseman" as used in this chapter means any person, firm or corporation engaged in the business of selling leaf tobacco at auction, for a commission or for any other consideration.

Code 1950, § 61-152; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 5 (PREVENTION OF FRAUDS IN SALE OF LEAF TOBACCO)
§ 61.1-54. Purpose of chapter.
The purpose of this chapter is to prevent frauds in the handling and sale of leaf tobacco.

Code 1950, § 61-153; 1968, c. 69.
Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 6 (FEES FOR SALE OF BURLEY TOBACCO)
§ 61.1-55. Commission and basket charge.
No person, firm, association, corporation, partnership, copartnership or other legal entity, who or which operates any warehouse in which burley tobacco is sold at public auction, shall charge or receive any commission in excess of four percent of the sales price of such tobacco, nor shall any basket charge be in excess of twenty-five cents per basket, which commission and basket charge shall constitute the entire amount charged by the warehouse operator in connection with such sale; provided, however, that on or before the opening day of the market in any year, the warehouse operator may elect to charge a commission of not exceeding seventy-five cents per 100 pounds, which commission shall constitute the entire charge made in connection with the sale of tobacco throughout that market season at the warehouse for which such election is made.

Code 1950, § 61-154; 1968, c. 69; 2000, c. 380.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 6 (FEES FOR SALE OF BURLEY TOBACCO)
§ 61.1-56. Penalty for violation.
Any such operator of a warehouse violating the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in § 18.2-12.

Code 1950, § 61-155; 1968, c. 69.
Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 7 (HANDLING AND SALE OF BURLEY TOBACCO)
§ 61.1-57. Enforcement by Commissioner of Agriculture and Consumer Services; rules and regulations.
The Board of Agriculture and Consumer Services shall have authority to establish rules and regulations for the enforcement of this chapter. The Commissioner is hereby vested with the authority to administer and enforce the provisions of this law and to enforce reasonable rules and regulations not inconsistent with the provisions hereof, for the purpose of carrying out the provisions of this chapter.

Code 1950, § 61-156; 1950, p. 66; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 7 (HANDLING AND SALE OF BURLEY TOBACCO)
§ 61.1-58. Commingling burley and other tobacco; moving tobacco before sale.
It shall be unlawful for any person to commingle, mix, place in same basket with other tobacco or in any other manner or means to handle tobacco so as to lose its identity, for the purpose of sale at auction, loose-leaf tobacco grown by one producer with loose-leaf burley tobacco grown by any other producer, or of the same producer after being placed on the loose-leaf floor.

After tobacco is weighed and set upon the warehouse floor for sale no basket of tobacco shall be moved, without the consent of the owner, from its place on the floor until sale is confirmed by the owner of same. This shall not apply to official inspectors of the Department of Agriculture and Consumer Services, who in the course of their duties find it necessary to move piles of tobacco.

Code 1950, § 61-157; 1950, p. 66; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 7 (HANDLING AND SALE OF BURLEY TOBACCO)
§ 61.1-59. Sales of burley tobacco.
Sales of burley tobacco at warehouses or loosefloors shall be conducted so as to conform to one of the following methods:

(1) Sales to be at the rate of not more than 90,000 pounds per hour, per set of buyers, or

(2) Sales to be at the rate of not more than 360 baskets per hour per set of buyers.

Code 1950, § 61-158; 1950, p. 66; 1968, c. 69.

Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 7 (HANDLING AND SALE OF BURLEY TOBACCO)
§ 61.1-60. Information to be accurate and substantiated.
Any information pertaining to weights of tobacco sold, prices paid or amounts of tobacco handled, disseminated by any warehouseman, his employees or agents shall be accurate and substantiated by records kept at the warehouse or loosefloor.

Code 1950, § 61-159; 1950, p. 67; 1968, c. 69.
Code of Virginia — Title 61.1 (Warehouses, Cold Storage and Refrigerated Locker Plants), Chapter 7 (HANDLING AND SALE OF BURLEY TOBACCO)
§ 61.1-61. Penalty for violation.
The violation of any provision of this law or valid rules and regulations promulgated hereunder shall constitute a misdemeanor and shall be punishable by fine of not less than $50 for the first offense and for each subsequent offense shall be punished by a fine of not less than $500 or imprisonment in jail not less than thirty days, or both such fine and imprisonment in the discretion of the court or jury.

Code 1950, § 61-160; 1950, p. 67; 1968, c. 69.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 1 (WATERCOURSES GENERALLY)
§ 62.1-1. Repealed.
Repealed by Acts 1992, c. 836.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 1 (WATERCOURSES GENERALLY)
§ 62.1-5. Repealed.
Repealed by Acts 1987, c. 488.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 1 (WATERCOURSES GENERALLY)
§ 62.1-6. Clearing watercourses between counties of obstructions.
The circuit court of any county which is divided by a watercourse from another county or through any part of which a watercourse passes may, by itself or in conjunction with the circuit court or circuit courts of any other county or counties, contract with any person or order laborers to be hired to clear such watercourse of obstructions in such manner and to such extent as may seem to it proper, and there shall be charged on any county whatever sum the court thereof may agree to pay for such purpose.

Code 1950, § 62-4; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 1 (WATERCOURSES GENERALLY)
§ 62.1-7. Rights of improving navigation preserved; dams, etc.
Whatever power is reserved to the General Assembly by any act heretofore passed to abate or remove any dam or other works in a watercourse, or to improve its navigation, shall continue in full force. And in no case shall the right of the Commonwealth, or of any company incorporated for opening, improving, or extending the navigation of any watercourse, to preference in the use of the water flowing therein for the purposes of such navigation be affected by any order of court, which, since the first day of April, 1816, has been made, or hereafter may be made, granting leave to any person to erect a dam or other obstruction across or in such watercourse.

Code 1950, § 62-5; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 1 (WATERCOURSES GENERALLY)
§ 62.1-8. Limitation on power of courts to grant leave to erect dams.
Where a watercourse is navigable, or by law declared a public highway, no court shall grant leave to any person to erect in that part of it any dam which will obstruct ordinary navigation or the passage of fish; and where any law has been or shall be enacted for opening, improving or extending the navigation of a watercourse no court shall, while such law is in force, grant leave to any person to erect any dam or other obstruction across or in such watercourse which will in any way interfere with the navigation thereof without express authority of law or the consent of the company incorporated to open, improve or extend such navigation. Any such dam shall, notwithstanding it may be built under such leave, be deemed a nuisance, and may be abated as such, or such company or the Commonwealth may make a lock or locks in such dam for the passage of vessels and boats without being required to make any compensation therefor.

Code 1950, § 62-6; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 1 (WATERCOURSES GENERALLY)
§ 62.1-9. Construction of two preceding sections.
Sections 62.1-7 and 62.1-8 shall not be construed to give any greater or other right to any person who has erected or may erect any dam or other obstruction across or in any watercourse, than such person would have had if such sections had not been enacted.

Code 1950, § 62-7; 1968, c. 659.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 1 (WATERCOURSES GENERALLY)
§ 62.1-9.1. Repealed.
Repealed by Acts 1992, c. 836.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-128. Authority created.
The Virginia Port Authority, hereinafter referred to as the Authority, is created as a body corporate and as a political subdivision of the Commonwealth. The Authority is hereby constituted a public instrumentality exercising public and essential governmental functions, and the exercise by the Authority of the powers conferred by this chapter shall be deemed and held to be the performance of an essential governmental function of the Commonwealth.

Code 1950, § 62-106.1; 1952, c. 61; 1954, c. 667; 1958, c. 174; 1968, c. 659; 1970, c. 171; 1981, c. 589; 1997, c. 232.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-130. Powers and duties of Executive Director.
The Executive Director shall employ or retain such other agents or employees subordinate to the Executive Director as may be necessary, subject to the Board's approval. The Executive Director shall also exercise such of the powers and duties relating to ports conferred upon the Board as may be delegated to him by the Board, including powers and duties involving the exercise of discretion. The Executive Director shall also exercise and perform such other powers and duties as may be lawfully delegated to him, and such powers and duties as may be conferred or imposed upon him by law.

Code 1950, § 62-106.3; 1952, c. 61; 1954, c. 667; 1968, c. 659; 1981, c. 589.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-131. Office and branch offices; title to property.
The Authority shall, in the Hampton Roads Area, have and maintain its principal office, at which all of its records shall be kept, and from which its business shall be transacted. It may, if necessary, establish a branch office or offices within or without the Commonwealth or the United States. The title to all property of every kind belonging to the former Hampton Roads Port Commission or the former State Port Authority of Virginia or the former Division of Ports Department of Conservation and Development, shall be vested in the Commonwealth of Virginia for the Virginia Port Authority.

Code 1950, § 62-106.4; 1952, c. 61; 1958, c. 174; 1968, c. 659; 1970, c. 171; 1981, c. 589.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132. Local authorities subordinate to Authority.
Any conflict between any authority granted to the several port cities and towns or other entities of this Commonwealth, or the exercise of that authority, and the exercise of the authority granted to the Board of Commissioners under this chapter shall be resolved in favor of the exercise of such authority by the Board of Commissioners.

Code 1950, § 62-106.6; 1952, c. 61; 1968, c. 659; 1970, c. 171; 1981, c. 589.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.1. General powers.
A. Except as provided in subsection B, the Authority is vested with the powers of a body corporate, including, without limitation, to:

1. Sue and be sued;

2. Make contracts;

3. Adopt and use a common seal, and alter such seal at its pleasure;

4. Procure insurance, participate in insurance plans, and provide self-insurance. The purchase of insurance, participation in an insurance plan, or the creation of a self-insurance plan by the Authority shall not be deemed a waiver or relinquishment of any sovereign immunity to which the Authority or its officers, directors, employees, or agents are otherwise entitled;

5. Develop policies and procedures generally applicable to the procurement of goods, services and construction based on competitive principles; and

6. Exercise all the powers that are conferred upon industrial development authorities created pursuant to Chapter 49 (§ 15.2-4900 et seq.) of Title 15.2, except that the power to effect a change in ownership or operation of the Port of Virginia shall be subject to the provisions of § 62.1-132.19.

B. Expenditures by the Authority for capital projects are restricted to projects located on real property that is owned, leased, or operated by the Virginia Port Authority, except those expenditures (i) as provided in § 62.1-132.13 or 62.1-132.14, (ii) on grants to local government for financial assistance for port facilities as approved by the Board in policies posted on the Authority's website, or (iii) to provide support for the types of projects eligible for funding under subsection A of § 33.2-1509, subsection A of § 33.2-1600, or § 33.2-1526.4.

1981, c. 589; 1997, c. 232; 2013, cc. 762, 794; 2015, c. 609; 2020, cc. 1230, 1275.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.10. Publications of Authority.
A. The Authority may issue periodicals and carry and charge for advertising therein.

B. The Authority may compile and disseminate in a single publication all port charges, rules, and practices in effect at the several ports in the Commonwealth.

1981, c. 589.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.11. Police powers; penalties.
The Authority is empowered to adopt and enforce reasonable rules and regulations governing (i) the maximum and minimum speed limits of motor vehicles using Authority property, (ii) the kinds and sizes of vehicles which may be operated upon Authority property, (iii) materials which shall not be transported through or over Authority property, and (iv) other matters affecting the safety and security of Authority property. Such rules and regulations shall have the force and effect of law (i) after publication one time in full in a newspaper of general circulation in the city or county where the affected property is located, and (ii) when posted where the public using such property may conveniently see them. Violation of any rule or regulation which would have been a violation of law or ordinance if committed on a public street or highway shall be tried and punished as if it had been committed on a public street or highway. Any other violation of such rules and regulations shall be punishable as a Class 1 misdemeanor.

1981, c. 589.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.11:1. Prevention and suppression of fire.
The Authority may take such steps as necessary, not inconsistent with other provisions of law, to prevent and suppress fires on the waters of Hampton Roads, its tributaries and other waters in the vicinity of Hampton Roads, and on property adjacent to such waters which is accessible to a fire boat. In furtherance of this purpose, the Authority may, out of such funds as may become available, purchase, equip, maintain, use, and provide and train a crew or crews for a fire boat or fire boats.

1983, c. 303.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.11:2. Repealed.
Repealed by Acts 2011, cc. 594 and 681, cl. 2.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.12. Employment, jurisdiction, and power of special police officers.
A. The Authority may appoint and employ special police officers to enforce the laws of the Commonwealth and rules and regulations adopted pursuant to § 62.1-132.11 on property owned, leased, or operated by the Authority or any of its subsidiaries. By agreement with the locality within which the property is located, the concurrent jurisdiction and authority of such special police, upon order entered of record by the circuit court for the locality, may be extended to a specific place or places in a locality outside the geographic boundaries of Authority property. Such special police officers shall have the powers vested in police officers under §§ 15.2-1704 and 52-8. Such special police officers may issue summons to appear, or arrest on view or on information without warrant as permitted by law, and conduct before the court of the city or county of competent jurisdiction any person violating, upon property under the control of the Authority, any rule or regulation of the Authority, any law of the Commonwealth, or any ordinance or regulation of any political subdivision of the Commonwealth.

B. The court or courts having jurisdiction for the trial of criminal offenses of the city or county wherein the offense was committed shall have jurisdiction to try persons charged with violating any such laws, ordinances, rules, or regulations. Fines and costs assessed or collected for violation of any such law, ordinance, rule, or regulation shall be paid into the Literary Fund.

1981, c. 589; 2008, cc. 324, 529; 2015, cc. 74, 253.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.12:1. Agreements with private terminal operators.
The Authority may enter into agreements with private maritime cargo terminal operators that require services comparable to services provided by the Authority to permit special police officers appointed and employed by the Authority pursuant to § 62.1-132.12 to provide and enforce safety and security on the operator's property. Such agreements shall require the private maritime cargo terminal operator to compensate the Authority for the direct and indirect costs of the services provided by the Authority.

2006, c. 220.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.13. Cooperation with federal agencies.
The Authority is empowered to cooperate with, and to act as an agent for, the United States of America or any agency, department, corporation or instrumentality thereof in the maintenance, development, improvement, and use of harbors and seaports of the Commonwealth, and in any other matter within the purposes, duties, and powers of the Authority.

1981, c. 589.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.14. Agreement of local cooperation with Corps of Engineers.
The Authority, in addition to such other state agencies as the Governor may designate, is empowered, on behalf of and as an agent for the Commonwealth, with the approval of the Governor and after review by the Attorney General, to enter into contractual agreements, known as agreements of local cooperation, developed and tendered by the United States Army Corps of Engineers for signature by local nonfederal interests. Specifically, the Authority and other agencies designated by the Governor may contract under such agreements:

(1) To provide, free of cost to the United States, the fee simple title to lands, perpetual and/or temporary easements, rights of way and any other interest in lands for cut-off bends, the laying of pipelines, erection of dikes, sluiceways, spillways, dams, drains, deposit of dredged materials, and for other purposes, provided that the conveyance of fee simple title or perpetual easements in subaqueous beds of waterways of the Commonwealth shall require further authorization of the General Assembly;

(2) To alter existing structures on such areas;

(3) To simultaneously dredge designated areas not covered by the federal project when and where required;

(4) To construct and maintain public wharves and public roads leading thereto;

(5) To make contributions in money or property in lieu of providing disposal areas for dredged materials;

(6) To hold the United States safe and harmless against claims for damages arising out of the project or work incident thereto;

(7) To remove sewer pipes and submarine cables;

(8) To construct and maintain marine railways for the public use; and

(9) To provide or satisfy any other items or conditions of local cooperation as stipulated in the congressional document covering the particular project involved.

This section shall not be interpreted as limiting but as descriptive of the items of local cooperation, the accomplishment of which the Authority and other designated agencies are hereby authorized to bind themselves, subject to the lawful appropriation of funds required therefor; it being intended to authorize the Authority and other designated agencies to comply fully and completely with all of the items of local cooperation as contemplated by Congress and as stipulated in the congressional acts or documents concerned.

1981, c. 589; 1982, c. 168.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.15. Grants and loans from federal agencies.
The Authority may apply for and accept grants or loans of money or property from any federal agency for any purpose authorized in this chapter. It may expend or use such money or property in accordance with any directions, requirements, or conditions which may be imposed by the agency.

1981, c. 589.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.16. Fees and charges.
Under such terms and conditions as may be prescribed by law, the Authority may fix, alter, charge, and collect tolls, fees, rentals, and any other charges for the use of, or for services rendered by, any Authority facility. The Authority may impose, levy, and collect such other fees and charges as may assist in defraying the expenses of administration, maintenance, development, or improvement of the ports of the Commonwealth, their cargo handling facilities, and harbors.

1981, c. 589.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.17. Grants of funds and property.
Persons, counties, cities, and towns are hereby authorized to grant, and the Authority is empowered to accept, funds and property to use, within the scope of other powers and duties of the Authority, as stipulated by the grantor.

1981, c. 589.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.18. Acquisition of property.
A. The Authority is authorized to acquire, construct, maintain, equip, and operate marine terminals, port facilities, wharves, docks, ships, piers, quays, elevators, compressors, refrigeration storage plants, warehouses, and other structures necessary for the convenient use of the same in the aid of commerce. The Authority is further authorized to undertake or make arrangements for the dredging of approaches to each facility and the construction of shipping facilities and transportation facilities incident thereto. The Authority shall have the power to issue revenue bonds for such acquisitions and purposes.

B. When such facilities or equipment is acquired from any political subdivision of the Commonwealth, the Authority is authorized to give written assurances, including agreements to reconvey properties to such political subdivision, for the installment payments for any terminals, facility, or equipment thus acquired.

1981, c. 589.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.19. Acquisition and lease of property.
A. Except as provided in subsection D, the Authority is empowered to rent, lease, buy, own, acquire, construct, reconstruct, and dispose of harbors, seaports, port facilities, and such property, whether real or personal, as it may find necessary or convenient and issue revenue bonds therefor without pledging the faith and credit of the Commonwealth.

B. The Authority may lease to another such part or all of its real or personal property for such period and upon such terms and conditions as the Authority may determine.

C. The Authority shall neither expend funds nor incur any indebtedness for any improvement, repair, maintenance, or addition to any real or personal property owned by anyone other than the Authority, the Commonwealth, or a political subdivision of the Commonwealth, unless either (i) the use of such property is guaranteed to the Authority or the Commonwealth by a lease extending beyond the useful life of the improvement, repair, maintenance, addition, or new facility, or (ii) such expenditure or indebtedness is approved in writing by the Governor.

D. Notwithstanding any provision of law to the contrary, neither the Commonwealth nor the Authority shall accept any unsolicited proposal under the Public-Private Transportation Act of 1995 (§ 33.2-1800 et seq.) or the Public-Private Education Facilities and Infrastructure Act (§ 56-575.1 et seq.) regarding the ownership or operation of any seaport or port facility.

1981, c. 589; 2013, cc. 762, 794.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.2. Bylaws and organization.
The Authority shall have the power to adopt, alter, and repeal bylaws, rules, and regulations governing the manner in which its business shall be transacted and the manner in which the powers of the Authority shall be exercised and its duties performed. Such bylaws, rules, and regulations may provide for such committees and their functions as the Authority may deem necessary or expedient.

1981, c. 589.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.20. Craney Island Disposal Area.
A. No agency of the Commonwealth, including the Virginia Port Authority, shall have the authority to expand the Craney Island Disposal Area northward or westward. However, the Commonwealth and the Virginia Port Authority are authorized to expend state funds for the construction and development of Craney Island to the east for an additional marine terminal.

B. The Virginia Port Authority is hereby directed, in coordination with other state and federal agencies, including the United States Army Corps of Engineers, to locate, establish, and use ocean disposal areas for ocean-suitable dredge materials from the Hampton Roads Harbor, or some other suitable site, and to use the existing Craney Island Disposal Area for dredge material suitable or unsuitable for alternate disposal, including ocean disposal, with priority given to materials dredged from the Southern Branch of the Elizabeth River. The construction of a marine terminal on the eastern side of Craney Island Disposal Area using dredge material to extend the disposal area eastward, as defined in the U.S. Army Corps of Engineers Feasibility Study approved on October 24, 2006, and authorized by Congress in the Water Resources Development Act of 2007, is hereby authorized.

C. Prior to the disposal of any dredged material either at an ocean area or on the Craney Island Disposal Area, after the Craney Island Disposal Area has attained its capacity limit, the appropriate state agencies shall investigate and consider the cost and availability of beneficial uses of the dredged material. The appropriate state agencies shall consult with state and federal agencies to ensure the environmental acceptability of any beneficial use. When such environmentally acceptable beneficial use is available and economically feasible, the appropriate state agencies shall pursue such use.

For purposes of this section, "Craney Island Disposal Area" means that parcel of land lying and being in the body of water known as Hampton Roads Harbor, within the City of Portsmouth and adjacent to the City of Suffolk.

1991, c. 686; 1998, c. 543; 2009, c. 38; 2013, cc. 762, 794.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.3. Stimulation of commerce.
It shall be the duty of the Authority, on behalf of the Commonwealth, to foster and stimulate the commerce of the ports of the Commonwealth and related facilities by serving as the United States Eastern Seaboard gateway for the global import and export of freight throughout the world, to promote the shipment of freight through the maritime and inland ports, to seek to secure necessary improvements of navigable tidal waters within the Commonwealth, and in general to perform any act or function that may be useful in developing, improving, or increasing the commerce, both foreign and domestic, of all maritime and inland ports of the Commonwealth and related facilities.

1981, c. 589; 2013, cc. 762, 794.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.3:1. Port Opportunity Fund.
A. There is hereby created in the state treasury a special nonreverting fund that is a subfund of the Commonwealth Port Fund, known as the Port Opportunity Fund, referred to in this section as "the Fund." The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Executive Director of the Virginia Port Authority or his designee. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Moneys in the Fund shall be used solely for the purposes enumerated in subsection C.

B. If the Authority's revenues from terminal operations during a fiscal year exceed its terminal operating expenditures for that year by at least five percent, the Authority shall request that the Treasurer transfer to the Port Opportunity Fund an amount of up to five percent of that year's revenues from terminal operations, not to exceed $2 million, unless the Secretary of Transportation determines that such a transfer is not in the long-term interest of the Authority. Such determination shall be made in writing by the Secretary of Transportation to the Executive Director of the Authority. Requests to transfer such revenues shall be made by August 30 of the ensuing fiscal year.

C. Moneys in the Fund shall be used to fund the development and implementation of a national and international marketing program and to provide incentives, as prescribed by the Board of Commissioners, for expanding the use of Virginia Port Authority facilities for the import and export of containerized and noncontainerized cargoes.

D. The Authority shall develop, and the Board of Commissioners approve, guidelines governing the use of incentives that comply with applicable Virginia laws.

2012, cc. 846, 849; 2016, c. 714.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.3:2.1. Port of Virginia Economic Development Grant Program and Fund.
A. There is hereby created in the state treasury a special nonreverting fund to be known as the Port of Virginia Economic Development Grant Fund (the Fund), to be administered by the Virginia Port Authority. The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purpose of providing grants to qualified applicants to the Program. Expenditures and disbursements from the Fund, which shall be in the form of grants, shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Executive Director.

B. There is hereby created the Port of Virginia Economic Development Grant Program (the Program). The Program shall consist of the following component programs:

1. The Economic and Infrastructure Development Grant Program established by § 62.1-132.3:2.2.

2. The International Trade Facility Grant Program established by § 62.1-132.3:2.3.

C. 1. Except as provided in subdivision 3, for the Economic and Infrastructure Development Grant Program, the maximum amount of grants allowable among all qualified companies, as that term is defined in § 62.1-132.3:2.2, in any fiscal year shall be $5 million plus any amounts carried over from a prior fiscal year.

2. Except as provided in subdivision 3, for the International Trade Facility Grant Program, the maximum amount of grants allowable among all international trade facilities, as that term is defined in § 62.1-132.3:2.3, in any fiscal year shall be $1.25 million plus any amounts carried over from a prior fiscal year.

3. In the event that the amount of grants claimed for either of the programs described in subdivision 1 or 2 in any fiscal year is less than the maximum allowable amount, the excess amount may (i) be used to provide grants by the other program if that program is oversubscribed or (ii) be carried over to the next fiscal year.

2023, cc. 238, 239.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.3:3. Repealed.
Repealed by Acts 2025, c. 78, cl. 2, effective July 1, 2025.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.3:4. Repealed.
Repealed by Acts 2025, c. 78, cl. 2, effective July 1, 2025.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.4. Rates and rate structures.
The Authority shall have power to establish a traffic bureau or other office to investigate and seek improvement in any rates, rate structures, practices, and charges affecting or tending to affect the commerce of the ports of the Commonwealth. Notwithstanding any provision of law to the contrary, the Authority shall not disclose proprietary information and data furnished to it in confidence, including but not limited to customer contracts, agreements, or information; ship tally sheets; ship manifests; information relating to tonnages and cargoes; annual budgets; and other information furnished to it by any entity, including but not limited to any entity operating a terminal on behalf of the Virginia Port Authority.

1981, c. 589; 1997, c. 197; 2013, cc. 762, 794.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.5. Planning.
The Authority shall initiate and further plans for the development of the ports of the Commonwealth, and, to this end, shall keep informed as to the present requirements and likely future needs of those ports.

1981, c. 589.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.6. Powers not restrictive; exemptions from Public Procurement Act and the Virginia Personnel Act.
A. The Authority shall have the power to perform any act or carry out any function not inconsistent with state law, whether included in the provisions of this chapter, which may be, or tend to be, useful in carrying out the provisions of this chapter. The provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply to the Authority in the exercise of any of its powers in accordance with this chapter, provided the Authority implement, by policy or regulation adopted by the Board of Commissioners, procedures to ensure fairness and competitiveness in the procurement of goods and services and in the administration of its capital outlay program. This exemption shall be applicable only so long as such policies and procedures meeting the requirements remain in effect.

B. The provisions of Chapter 29 (§ 2.2-2900 et seq.) of Title 2.2 shall not apply to the Authority.

C. Additionally, the provisions of §§ 2.2-1124, 2.2-1131.1, 2.2-1136, 2.2-1149, 2.2-1150, and 2.2-1153 through 2.2-1156 shall not apply to the Authority provided that (i) the Authority adopts and the Board approves policies or regulations governing the acquisition, lease, or sale of surplus and real property consistent with the provisions of the above-referenced sections; and (ii) any acquisition, lease, or sale of real property valued in excess of $20 million shall be approved by the Governor.

D. Additionally, the provisions of §§ 2.2-1117 and 53.1-47 shall not apply to the Authority.

1981, c. 589; 1997, cc. 232, 488; 2012, cc. 846, 849; 2013, cc. 762, 794; 2015, cc. 175, 383.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.7. Employment of personnel and legal counsel.
A. The Authority may appoint, employ, dismiss, and fix and pay compensation to employees, officers, agents, advisers, and consultants, including financial and technical advisers, engineers, and public accountants within and without the Commonwealth and the United States without regard to whether such employees are citizens of the United States. The Authority shall determine the duties and compensation of its employees, officers, agents, advisers, and consultants without the approval of any other agency or instrumentality.

B. The authority may retain legal counsel, subject to the approval of the Attorney General, to represent the Authority in rate cases and all other hearings, controversies, or matters involving the interests of the Authority.

1981, c. 589; 1997, c. 232.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.8. Consolidation of terminal operations.
The Authority shall effect consolidation of the water terminals of the several cities within the ports of the Commonwealth. It, specifically, shall bring about the centrally directed operation of all state-owned port facilities at Hampton Roads by such means as may prove necessary or desirable, not inconsistent with state law.

1981, c. 589.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-132.9. Foreign trade zones.
The Authority is empowered to develop, maintain, and operate foreign trade zones under such terms and conditions as are or may be prescribed by law.

1981, c. 589.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-133. Repealed.
Repealed by Acts 1981, c. 589.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-135. Repealed.
Repealed by Acts 1981, c. 589.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-136. Power of eminent domain.
The Authority is hereby vested with the power of eminent domain to acquire property or any interest therein, however held, but not property of the Commonwealth or its agencies, and may exercise the same for the purposes set forth in §§ 62.1-132.18 and 62.1-132.19 in the manner and to the extent set forth in, and subject to the provisions of, Chapter 2 (§ 25.1-200 et seq.) of Title 25.1; provided that the Authority shall have no power to condemn any property belonging to any other political subdivision of the Commonwealth, or to any common carrier, or public utility or other public service corporation which is being devoted to public use or service. Whether property is being devoted to public use or service in the case of a public service corporation, common carrier, or public utility, shall be decided by the State Corporation Commission in a proceeding under § 25.1-102; and in the case of a political subdivision shall be decided by the court in which the proceeding is brought.

Code 1950, § 62-106.8:1; 1962, c. 346; 1968, c. 659; 1981, c. 589; 2003, c. 940.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-137. Repealed.
Repealed by Acts 1981, c. 589.

Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-138. Powers of State Corporation Commission not affected.
Nothing contained in this chapter shall be construed as affecting the powers and duties now conferred by law upon the State Corporation Commission.

Code 1950, § 62-106.9; 1952, c. 61; 1968, c. 659.
Code of Virginia — Title 62.1 (Waters of the State, Ports and Harbors), Chapter 10 (VIRGINIA PORT AUTHORITY)
§ 62.1-139. Forms of accounts and records; annual report.
A. The accounts and records of the Authority showing the receipt and disbursement of funds from whatever source derived shall be in a form prescribed by governmental generally accepted accounting principles. Such accounts shall correspond as nearly as possible to the accounts and records for such matters maintained by enterprises.

B. The accounts of the Authority shall be audited annually by a certified public accounting firm selected by the Auditor of Public Accounts with the assistance of the Authority through a process of competitive negotiation. The cost of such audit and review shall be borne by the Authority.

C. The General Assembly may request the Auditor of Public Accounts to conduct audits at any time.

D. The Authority shall submit an annual report to the Governor and General Assembly on or before November 1 of each year. Such report shall contain the audited annual financial statements of the Authority for the year ending the preceding June 30.

E. The Authority shall submit a detailed annual operating plan and budget to the Secretary of Transportation and the Director of the Department of Planning and Budget by November 1 of each year. Notwithstanding any other provision of this chapter, the form and content of the operating plan and budget shall be determined by the Director of the Department of Planning and Budget and shall include information on salaries, expenditures, indebtedness, and other information as determined by the Director of the Department of Planning and Budget.

F. The Board of Commissioners, the General Assembly, or the Governor may at any time request that the Office of the Inspector General, created pursuant to § 2.2-308, review any area of the Authority's finances or operations.

Code 1950, § 62-106.11; 1954, c. 667; 1968, c. 659; 1984, c. 734; 1985, c. 146; 2004, c. 650; 2012, cc. 846, 849; 2013, cc. 762, 794.