dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 6 (FERRIES AND TOLL FACILITIES)
§ 33.2-600. Acquisition or establishment of ferries.
The Board may acquire by purchase, condemnation, or gift any ferry within the Commonwealth that forms a connecting link in a state highway and may purchase all equipment and other things necessary for the establishment of new ferries to become connecting links in the primary or secondary state highway system, whenever it shall determine such action to be advisable and expedient. The Board may expend from state highway construction funds of the highway construction district where the ferries are located and are under the Board's control at any time such sums as may be necessary to acquire or establish, maintain, and operate any such ferry.

The Board may operate such ferry either as a free or toll ferry and may establish a toll for the use of such ferry at such rates as are deemed by the Board to be reasonable and proper without regulation by any other governmental body.

Code 1950, § 33-209; 1970, c. 322, § 33.1-254; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 6 (FERRIES AND TOLL FACILITIES)
§ 33.2-601. Ferry across Corrotoman River.
The public free ferry across the Corrotoman River, in the County of Lancaster, authorized by Chapter 156 of the Acts of Assembly of 1847, shall be kept according to such act, except as otherwise provided in this section. The Circuit Court of Lancaster may have the contract for keeping the same let to the lowest bidder for a period of five years, and the bonds thereby directed shall be to the County of Lancaster. Furthermore, the ferry shall cross from Merry Point to the upper side of the wharf and canning factory at Ottoman wharf. However, the circuit court of the county shall have the right, upon the application of the board of supervisors, to discontinue the ferry if it appears that public necessity therefor no longer exists. No such application shall be made unless and until notice is given by (i) publication once a week for two successive weeks in a newspaper published in the county or having general circulation therein and (ii) posting copies of the notice at the front door of the courthouse of the county and at both landings of the ferry. Such notice shall be posted and the first newspaper publication made at least 30 days before the day on which the application will be made to the court.

Code 1950, § 33-171; 1970, c. 322, § 33.1-247; 2014, c. 805; 2015, c. 256.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 6 (FERRIES AND TOLL FACILITIES)
§ 33.2-602. Toll bridges; when privilege ceases.
When an act is passed to authorize the erection of a toll bridge, if the work is not commenced within one year from the passage of such act or is not completed within two years after such commencement or if, after its completion, there is an abandonment of the toll bridge or a failure for three successive years to keep it in good order, the privileges granted by the act shall cease.

Code 1950, § 33-215; 1970, c. 322, § 33.1-255; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 6 (FERRIES AND TOLL FACILITIES)
§ 33.2-603. Toll bridges not to obstruct navigation or fish.
Every toll bridge shall be made so as not to obstruct the passage of fish or the navigation of the watercourse over which it is erected.

Code 1950, § 33-216; 1970, c. 322, § 33.1-256; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 6 (FERRIES AND TOLL FACILITIES)
§ 33.2-604. How right to demand tolls ascertained and rates fixed or changed.
Tolls shall be received for passing a bridge only after it appears to the circuit court of the county where the bridge is located that the bridge is completed according to the act authorizing it. The court shall ascertain whether it is so completed by appointing three disinterested freeholders to view it. If they report in writing that it is so completed and their report is confirmed by the court, the person authorized to erect it, or his heirs or assigns, may then demand and receive tolls at the rates fixed by such act from persons or things passing over the bridge. If no rates are fixed, then he, or his heirs or assigns, may receive tolls at such rates as may be fixed by law. If the toll rates are specified in such act they may be changed by law, unless such act otherwise expressly provides.

Code 1950, § 33-217; 1970, c. 322, § 33.1-257; 1995, c. 647; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 6 (FERRIES AND TOLL FACILITIES)
§ 33.2-605. Special police officers in connection with toll bridges.
A. The circuit court of any county in which there is a toll bridge or its approaches, or the circuit court of any county in which lies any part of any toll bridge or bridges or their approaches belonging to the same proprietor, but which toll bridge or bridges or their approaches lie in more than one county, may, upon the application of the proprietor, appoint any employee of such proprietor, employed in the control or operation of such toll bridge or bridges and approaches, a special police officer. Such special police officer may exercise all the powers and duties imposed and conferred upon sheriffs in the Commonwealth, in criminal matters, upon any such toll bridge or bridges and their approaches. Such power shall extend throughout the Commonwealth when such special police officer is actually in pursuit of a person accused of crime or acting under authority of a warrant duly issued for the arrest of a person charged with a crime. However, no special policeman appointed under this section whose duties as such special policeman are merely incidental to such private employment shall be deemed to be an employee of the Commonwealth or county or counties within which such toll bridges and their approaches lie, within the meaning of the Virginia Workers' Compensation Act (§ 65.2-100 et seq.).

B. Before any such appointment is made, the court shall be satisfied that such person has been a bona fide resident of the Commonwealth for more than one year immediately preceding such appointment and is of good moral character. Before any such person shall be permitted to discharge any of the duties of such special policeman, he shall take the oath required by law and shall give a bond payable to the Commonwealth in the penalty of not less than $500, conditioned for the faithful discharge of his official duties.

C. No salary shall be paid to any special police officer appointed under subsection A by the Commonwealth or county, or counties, in which such properties lie; nor shall he receive any fees for making any arrest, executing any warrant, summoning a witness, or carrying a person to or from jail.

Code 1950, §§ 33-218, 33-219, 33-220; 1970, c. 322, §§ 33.1-258, 33.1-259, 33.1-260; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 6 (FERRIES AND TOLL FACILITIES)
§ 33.2-606. Permission required to erect or maintain toll bridges over navigable water.
No toll bridge erected after March 19, 1928, shall be constructed, maintained, or operated across, in, or over any navigable waters in or of the Commonwealth, anything in the charter of any company to the contrary notwithstanding, unless a permit is first obtained from the Board. The Board may grant or withhold such permit or prescribe its terms and conditions, as it may deem for the best interest of the Commonwealth, except so far as such terms and conditions are provided for in this chapter.

Code 1950, § 33-221; 1970, c. 322, § 33.1-261; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 6 (FERRIES AND TOLL FACILITIES)
§ 33.2-607. Approval of plans by Board; inspection; costs.
Detailed plans, estimates, and specifications shall be submitted to the Board for approval before construction is commenced on a toll bridge or approaches under a permit granted under § 33.2-606. No such toll bridge shall be constructed until such plans, estimates, and specifications are approved by the Board. Access to such work shall be granted to the Board, the Commissioner of Highways, and authorized representatives of either at all times during construction. The permittee shall keep accurate records of the cost of such toll bridge and approaches and real and personal property used in the operation thereof and of all replacements and repairs and shall submit a copy to the Board.

Code 1950, § 33-222; 1970, c. 322, § 33.1-262; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 6 (FERRIES AND TOLL FACILITIES)
§ 33.2-608. Toll bridges may be purchased by Commonwealth.
In addition to the power of eminent domain as provided by law for highways in the primary state highway system, the Commonwealth, acting through the Commissioner of Highways, may purchase any such toll bridge and the approaches thereto with the real estate and tangible personal property necessary for their proper operation, at such time as may be specified in the permit granted for such toll bridge, or at the expiration of any two-year period after such time, all at a price equal to the original cost, to be determined as provided in this section, less depreciation.

In order to exercise the right of the Commonwealth to purchase and take over any such toll bridge and approaches and real estate and tangible personal property, the Commonwealth, through the Commissioner of Highways, shall give to the permittee, or its successor in title of record to such toll bridge and other property, not less than two months' notice of its intention to do so and specify the date on which the conveyance will be required. Title to such toll bridge and approaches and property shall be vested in the Commonwealth free of lien at the time set out in such notice and upon the payment or offer of the purchase price determined in accordance with §§ 33.2-602 through 33.2-610, to such permittee or successor in title of record to such toll bridge and other property, or to the trustee or trustees, or mortgagor or mortgagees in any deed of trust or mortgage on such property, or to the lien creditor or creditors, as their interest may appear of record.

The original cost of such toll bridge and approaches and real estate and tangible personal property shall be determined by the Commissioner of Highways. The original cost shall include the actual cost and an additional amount equal to interest at the rate of six percent on the amount actually invested by such permittee, or successor in title of record, in such property, or in hand for investment therein, during the period of construction. "Actual costs" includes the cost of improvements; financing charges; the cost of traffic estimate and of engineering and legal expenses, plans, specifications, and surveys; estimates of cost and of revenue; other expenses necessary or incident to determining the feasibility or practicability of the enterprise; administrative expenses; and such other expenses as may be necessary or incident to the financing of the project and the placing of the project in operation. The Commissioner of Highways shall determine the depreciation and the reasonableness of each item of actual cost.

Code 1950, § 33-224; 1956, c. 138; 1970, c. 322, § 33.1-264; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 6 (FERRIES AND TOLL FACILITIES)
§ 33.2-609. Conveyance of toll bridge by Commonwealth.
In the event a toll bridge, at the time it is purchased by the Commonwealth under the provisions of §§ 33.2-602 through 33.2-610, is not on the line of a highway then in one of the systems of state highways, the Commissioner of Highways may convey such toll bridge and approaches and other property to such county or counties in which it may be in whole or in part located, upon the payment by such county or counties of the amount paid by the Commonwealth for such toll bridge and approaches and other property, with interest on such amount at six percent per year from the time of such payment by the Commonwealth. The conveyance shall be executed in the name and on behalf of the Commonwealth by the Commissioner of Highways.

Code 1950, § 33-225; 1970, c. 322, § 33.1-265; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 6 (FERRIES AND TOLL FACILITIES)
§ 33.2-610. Sections 33.2-606 through 33.2-609 not applicable to certain toll bridges.
Nothing contained in §§ 33.2-606 through 33.2-609 shall be construed to apply to any bridge existing or under construction on March 20, 1928, or to bridges constructed within or adjacent to towns or cities having a population of more than 3,500.

Code 1950, § 33-226; 1970, c. 322, § 33.1-266; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 6 (FERRIES AND TOLL FACILITIES)
§ 33.2-611. Tolls may vary to encourage travel during off-peak hours.
A. In order to provide an incentive for motorists to travel at off-peak hours, and in accordance with federal requirements, wherever a toll is imposed and collected by the Department or such other entity as may be responsible for imposing or collecting such toll, the amount of such toll may vary according to the time of day, day of the week, traffic volume, vehicle speed, vehicle type, similar variables, or combinations thereof. The amount of such toll and the time of day when such toll changes shall be as fixed and revised by the Board or such other entity as may be responsible for fixing or revising the amount of such toll, provided, however, that any such variation shall be reasonably calculated to minimize the reduction in toll revenue generated by such toll.

B. 1. Beginning July 1, 2008, every agency of the Commonwealth or any political subdivision or instrumentality thereof having control of or day-to-day responsibility for the operation of any toll facility in the Commonwealth shall take all necessary actions to ensure that every newly constructed toll facility under its control is capable of fully automated electronic operation, employing technologies and procedures that permit the collection of tolls from users of the facility, to the extent possible, without impeding the traffic flow of the facility. An entity operating a toll facility that substantially upgrades its equipment or substantially renovates its facility after July 1, 2008, shall comply with the provisions of this subsection. The provisions of this section shall also apply to any nongovernmental or quasigovernmental entity operating a toll facility under a comprehensive agreement entered into, pursuant to the Public-Private Transportation Act of 1995 (§ 33.2-1800 et seq.), on or after January 1, 2008. Nothing in this subsection shall be construed to prohibit a toll facility from retaining means of nonautomated toll collection in some lanes of the facility.

2. For toll facilities within the territory embraced by the Northern Virginia Transportation Authority, the provisions of subdivision 1 apply to all toll facilities, regardless of whether or not they are newly constructed or substantially upgraded.

2004, c. 1003, § 33.1-223.2:12; 2007, c. 896; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 6 (FERRIES AND TOLL FACILITIES)
§ 33.2-612. Unlawful for Department of Transportation to permit free passage over certain toll bridges and ferries; exceptions.
Except for those persons exempted from tolls under § 33.2-613, it shall be unlawful for the Department or any employee thereof to give or permit free passage over any toll bridge, tunnel, or ferry that has been secured through the issuance of revenue bonds and which bonds are payable from the revenues of such project. Every vehicle shall pay the same toll as others similarly situated. Except as provided in § 33.2-613, the provisions of this section shall apply to vehicles and employees of the state government, local governments, or other political subdivisions and to vehicles and persons of all other categories and descriptions, public, private, eleemosynary, or otherwise.

Code 1950, § 33-173.1; 1950, p. 458; 1954, c. 576; 1968, c. 170; 1970, c. 322, § 33.1-251; 1973, c. 215; 1981, c. 417; 1983, c. 617; 2014, c. 805; 2015, c. 256.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 6 (FERRIES AND TOLL FACILITIES)
§ 33.2-614. Disclosure of certain information relating to use of toll facilities; injunctive relief; attorney fees.
A. Neither the Department nor any other operator of any toll bridge, toll road, or other toll facility nor any employee or contractor with the Department or other toll facility operator shall disclose any information derived from an automated electronic toll collection system about the time, date, or frequency of use or nonuse of any such facility by any individually identified motor vehicle except when ordered to do so by a court of competent jurisdiction. The provisions of this section shall not apply to information supplied (i) to any person who is a participant in the electronic toll collection system, when such information is limited to vehicles owned or leased by such person; (ii) to the issuer of any credit card or debit card or other third party vendor when such information is necessary for collecting the toll and ensuring the accuracy of such billing by the operator; (iii) for statistical or research purposes, when such information contains no data attributable to individual vehicles or individual participants; or (iv) to federal, state, and local law enforcement, when such information is required in the course of an investigation where time is of the essence in preserving and protecting human life or public safety.

B. Any aggrieved person may institute a proceeding for injunction or mandamus against any person, governmental agency, or other entity that has engaged, is engaged, or is about to engage in any acts or practices in violation of the provisions of this section. The proceeding shall be brought in the circuit court of any county or city wherein the person, governmental agency, or other entity made defendant resides or has a place of business. In the case of any successful proceeding by an aggrieved party, the person, governmental agency, or other entity enjoined or made subject to a writ of mandamus by the court shall be liable for the costs of the action together with reasonable attorney fees as determined by the court.

2004, c. 665, § 33.1-252.2; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 6 (FERRIES AND TOLL FACILITIES)
§ 33.2-615. Electronic notification of unpaid tolls.
For the purpose of electronic notification of unpaid tolls, the Department shall request email addresses and personal cell phone numbers from all holders of an account for an electronic toll collection device that is the property of the Commonwealth.

The Department shall electronically notify a holder of an account for an electronic toll collection device that is the property of the Commonwealth of each unpaid toll, within 108 hours of such unpaid toll, (i) when such device is detected by the toll operator or (ii) when such device is not detected by the toll operator but whose vehicle is associated with such account. The Department shall provide a second electronic notification on the eighth day after the unpaid toll. Such notification requirements shall only apply to accounts where the account holder has provided the Department with an email address or cell phone number. Such notification shall be for informational purposes only and the notice, or lack thereof, shall not alter or amend the requirement that an owner or operator pay all required tolls, fines, penalties, and fees.

All toll operators in the Commonwealth shall notify the Department of an unpaid toll on a facility it operates related to an account for an electronic toll collection device that is the property of the Commonwealth within 96 hours of such violation.

2016, c. 753.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 6 (FERRIES AND TOLL FACILITIES)
§ 33.2-616. Electronic toll collection device; DRIVE SMART Virginia Education Fund contribution.
A. The Department shall establish a method by which holders of an account for an electronic toll collection device that is the property of the Commonwealth may opt to make a voluntary contribution to the DRIVE SMART Virginia Education Fund through electronic means.

B. There is hereby created in the state treasury a special nonreverting fund to be known as the DRIVE SMART Virginia Education Fund, referred to in this section as "the Fund." DRIVE SMART Virginia is a nonprofit organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code. The Fund shall be established on the books of the Comptroller. All funds collected pursuant to subsection A 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, less costs of administration incurred and withheld by the Department, shall be used solely for the purposes of supporting educational projects in the Commonwealth through DRIVE SMART Virginia's existing network of education, corporate, and community partners in an effort to improve behavior, raise awareness, and educate members of the general public in workplaces, schools, municipalities, and other locations on issues related to safe driving. Such issues shall include work zone safety, sharing the road with bicyclists and pedestrians, teen driver safety, occupant protection, designated driving, distracted road users, and other issues as needed. DRIVE SMART Virginia shall submit an annual report to the Secretary regarding its use of disbursements from 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 Secretary.

2017, c. 533.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-700. Transfer of highways, etc., from secondary state highway system to local authorities.
Whenever any town has a population of more than 3,500 inhabitants, all the streets, highways, causeways, bridges, landings, and wharves in such town that were incorporated within the secondary state highway system shall be eliminated from such system and the control and jurisdiction over them shall be vested in the local authorities. This section shall in no way affect the rights of such towns to receive the benefits provided elsewhere in this title.

Code 1950, § 33-137; 1970, c. 322, § 33.1-224; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-701. Levies.
For the purpose of this section, "district" means a magisterial, sanitary, or other special district created by the governing body of a county for the levy of road taxes.

The governing bodies of the counties shall not make any levy of county or district road taxes or contract any further indebtedness for the construction, maintenance, or improvement of highways; however, the governing bodies of the counties shall continue to make county or district levies, as the case may be, upon all real and personal property subject to local taxation, in such county or magisterial district, and not embraced within the corporate limits of any town that maintains its own streets and is exempt from county and district road taxes unless the citizens of such towns voted on the question of issuing county or district road bonds, sufficient only to provide for the payment of any bonded or other indebtedness and for the interest contracted thereon that may be outstanding as an obligation of any county or district contracted for road purposes or for the sinking fund for the retirement of any bonded indebtedness established for county or district road purposes.

Code 1950, § 33-138; 1964, c. 376; 1968, c. 368; 1970, c. 322, § 33.1-225; 2007, c. 813; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-702. Gifts received by counties for construction, maintenance, etc., of secondary highways.
Notwithstanding the provisions of § 33.2-701 or any other provisions of law to the contrary, the governing body of any county may accept gifts of money, property, or services to be utilized for the construction, maintenance, and improvement of the secondary state highway system in such county, in conformity with specifications of and in cooperation with the Department, provided that such gift resources may be matched in value by appropriations from the county's general funds. The allocation of such donated and appropriated resources to the secondary highways shall be made by the governing body of the county, after consultation with the Department, to be used by the Department in accordance with the wishes of the governing body of such county.

1976, c. 63, § 33.1-225.2; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-703. Funds for highways not in secondary state highway system.
Notwithstanding the provisions of § 33.2-701 or 33.2-706, the governing body of any county under the urban county executive form of government may expend funds on minor improvements and maintenance of highways not within the secondary state highway system, provided such highways are open for public use. A highway shall be determined to be open for public use by applying the same standards set forth in § 33.2-105 or by final order of a court of competent jurisdiction on or before January 1, 1978, except that in order to be eligible for funds under this section such highways need not be 30 feet wide but shall not be less than 15 feet wide. The maximum amount of mileage to be maintained under this section shall not exceed 30 miles.

1978, c. 43, § 33.1-225.3; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-704. Agreements between localities for construction and operation of toll facilities.
The governing bodies of adjacent localities may enter into agreements providing for the construction and operation of highways, bridges, and ferries within their boundaries and for the imposition and collection of tolls for the use of such facilities. Such tolls may be in whatever amount, subject to whatever conditions, and expended for whatever purposes provided for in such agreements. Such agreements shall provide for the design, land acquisition, or construction of primary or secondary highway projects that have been included in the six-year plan pursuant to § 33.2-331, or in the case of a primary highway, an approved project included in the six-year improvement program of the Board. Such agreements shall specify relevant procedures and responsibilities concerning the design, right-of-way acquisition, construction, and contract administration of such projects. Any facility constructed pursuant to the authority granted in this section shall be constructed in accordance with the applicable standards of the Department for such facility. Prior to executing any agreement pursuant to this section, a joint public hearing shall be held concerning the benefits of and need for as well as the location and design of the facility.

2006, c. 587, § 33.1-228.1; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-705. Continuance of powers of county authorities; alternative procedure.
The local authorities shall continue to have the powers vested in them on June 20, 1932, for the establishment of new highways in their respective counties, which shall, upon such establishment, become parts of the secondary state highway system within such counties. They shall likewise have the power to alter or change the location of any highway now in the secondary state highway system within such counties or that may hereafter become a part of the secondary state highway system within such counties. The Commissioner of Highways shall be made a party to any proceeding before the local authorities for the establishment of any such highway or for the alteration or change of the location of any such highway. When any such board or commission appointed by the governing body of a county to view a proposed highway or to alter or change the location of an existing highway shall award damages for the right-of-way for the same, in either case to be paid in money, it may be paid by the governing body of the county out of the general county levy funds. No expenditure by the Commonwealth shall be required upon any new highway so established or any old road the location of which is altered or changed by the local authorities, except as may be approved by the Commissioner of Highways. If the property sought to be taken is for the easement or right-of-way, the plat shall reasonably indicate thereon any appurtenant right-of-way or easement for ingress and egress to and from the principal easement or right-of-way being taken.

As an alternative to the method of establishing or relocating a highway provided in the preceding paragraph, the Commissioner of Highways, by and with the approval of the Board and the governing body of a county, shall have power and authority to make such changes in routes in, and additions to, the secondary state highway system as the public safety or convenience may require.

The service of any process or notice in any such proceedings upon the district administrator of the Department having the supervision of maintenance and construction of highways in any such county shall be termed sufficient service on the Commissioner of Highways.

Code 1950, § 33-141; 1950, p. 726; 1970, c. 322, § 33.1-229; 1980, c. 441; 1984, c. 198; 2013, cc. 585, 646; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-706. How highways and bridges in counties established or altered; examination and report; width and grade of highways; employing engineer.
Whenever the governing body of any county is of the opinion that it is necessary to establish or alter the location of a public highway or bridge, or any other person applies to the local governing body therefor, it may appoint five viewers, who shall be resident freeholders of the county, any three of whom may act, to examine such highways or routes and report upon the expediency of establishing or altering the location of such public highway or bridge. In lieu of such viewers, the local governing body may direct the county road engineer or county road manager to examine such highway or route and make such report, and such board may establish or alter such highway or bridge upon such location and of such width and grade as it may prescribe. The right-of-way for any public highway shall not be less than 30 feet wide, except that in any case in which the cost of constructing and maintaining any such highway is to be borne by any individual the right-of-way for such highway may be less than 30 but not less than 15 feet in width. If none of the viewers is an engineer, appointed for the purpose of making survey and map, the local governing body may employ an engineer, if necessary, to assist the viewers.

Code 1950, § 33-142; 1964, c. 565; 1970, c. 322, § 33.1-230; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-707. Duty of viewers.
The viewers or the county road engineer or county road manager shall, as early as practicable after receiving the order of the local governing body, proceed to make the view and may examine routes and locations other than that proposed and if of the opinion that there is a necessity to establish or alter the location of the public highway or bridge shall locate the same and make a report to the local governing body that includes a map or diagram of the location made and that states:

1. Their reasons for preferring the location made;

2. The probable cost of establishing or altering the location of such highway or bridge;

3. The convenience and inconvenience that will result to individuals as well as to the public;

4. Whether the highway or bridge will be one of such mere private convenience as to make it proper that it should be opened, established, or altered and kept in order by the person for whose convenience it is desired;

5. Whether any yard, garden, or orchard will have to be taken;

6. The names of the landowners on such route;

7. Which of such landowners require compensation;

8. What will be a just compensation to the landowners requiring compensation for the land so taken and for the damages to the residue of the tract, if any, beyond the peculiar benefits to be derived in respect to such residue, from the highway or bridge to be established; and

9. All other facts and circumstances in their opinion useful in enabling the local governing body to determine the expediency of establishing or altering the highway or bridge.

They shall file such report with the clerk of the local governing body.

Code 1950, § 33-144; 1964, c. 565; 1970, c. 322, § 33.1-231; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-708. Pay to viewers, commissioners, and engineers.
A statement in writing showing the number of days each viewer or commissioner and engineer, appointed or employed under the provisions of this article, was employed shall be sworn to and presented to the governing body, and the governing body may allow a reasonable compensation not exceeding $50 per day to each viewer or commissioner and not exceeding $7.50 per day and necessary traveling expenses for the engineer, provided that in any county adjoining a county having a population in excess of 1,000 per square mile and in the County of Henrico, the governing body may pay the viewers, commissioners, and engineers in addition to expenses not exceeding $25 a day for each day they were respectively employed hereunder.

Code 1950, § 33-155; 1950, p. 157; 1966, c. 438; 1970, c. 322, § 33.1-242; 1975, c. 445; 1978, c. 305; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-709. Consent of landowners.
In the event that some of the landowners do not require compensation and will execute their written consent giving the right-of-way in question, the viewers or the county road engineer or county road manager shall obtain such consent and return it with the report to the local governing body, and such written consent shall operate and have the force and effect of a deed from the landowners of the county for the right-of-way so long as it is used by the public, in case the highway is established, and it shall be recorded in the deed books of the county.

Should any of the landowners require compensation and not unite in such deed, the subsequent proceedings shall be as prescribed in this article.

Code 1950, § 33-145; 1970, c. 322, § 33.1-232; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-710. Proceedings on report; notice to owners.
At the next meeting of the local governing body after receipt of such report, as provided in § 33.2-707, unless the opinion of the local governing body is against establishing or altering the highway or bridge, the local governing body shall require its clerk to give written notice to the owner of the land on which it is proposed to establish or alter such highway or bridge at least five days before the hearing to be held under § 33.2-712 informing the owner of the time and place of the hearing at which he may appear and present his views. Notice sent by registered or certified mail to the last known address of such owner as shown on the current real estate tax assessment books shall be deemed adequate compliance with this requirement. If the hearing is continued, notice shall be mailed again. If the current real estate tax assessment books do not contain the name of the owner of the affected land, notice of the hearing shall be published once each week for four successive weeks in a newspaper having general circulation in the county.

Code 1950, § 33-146; 1964, c. 565; 1970, c. 322, § 33.1-233; 1977, c. 470; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-711. Guardian ad litem for persons under disability.
If any such owner or proprietor is a person under a disability as defined in § 8.01-2, the circuit court of the county shall, at the time the clerk shall issue such process, or as soon thereafter as practicable, upon the court's or judge's own motion, or upon the suggestion of any party in interest, appoint for such person a guardian ad litem, who shall faithfully represent the interest of the person under a disability and whose fees shall be fixed by the court or judge making the appointment.

Code 1950, § 33-147; 1970, c. 322, § 33.1-234; 2005, c. 716; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-712. Defense allowed; what board may do.
Upon the return of the process duly executed, defense may be made to the proceedings by any party and the local governing body may hear testimony touching the expediency or propriety of establishing or altering the highway or bridge. Upon such hearing, the local governing body shall fix just compensation to the proprietors and tenants for the land proposed to be taken and the damage accruing therefrom, unless the local governing body is of the opinion that the highway or bridge should not be established or altered in which case it shall so order.

Code 1950, § 33-148; 1964, c. 565; 1970, c. 322, § 33.1-235; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-713. Appointment of commissioners to assess damages.
If a tenant or proprietor desires or if the local governing body sees cause, the local governing body shall appoint five disinterested resident freeholders of the county as commissioners, any three of whom may act to ascertain just compensation for the land to be taken for such highway or bridge and damages, if any, to the residue, beyond the benefits to be derived by such residue, from such highway or bridge.

Code 1950, § 33-149; 1964, c. 565; 1970, c. 322, § 33.1-236; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-714. Enhancement in value of residue.
The enhancement, if any, in value of the residue by reason of the establishment or alteration of such highway or bridge shall be offset against the damage to the residue, but there shall be no recovery over against such landowner for any excess nor shall enhancement be offset against the value of land taken.

Code 1950, § 33-150; 1964, c. 565; 1970, c. 322, § 33.1-237; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-715. Action of commissioners; report.
The commissioners shall meet on the lands of the proprietors and tenants that are named in the order of the local governing body at a specified place and day, of which notice shall be given by the sheriff to such proprietors and tenants or their agents. Notice need not be given to any person present at the time the order is made. Any one or more of the commissioners attending on the land may adjourn, from time to time, until their business is finished. The commissioners, in the discharge of their duties, shall comply in all respects with the provisions of Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 so far as applicable. They shall promptly make their report as required by § 25.1-232 to the local governing body and, unless good cause is shown against the report, it shall be confirmed. If, however, good cause is shown against the report or the commissioners report their disagreement or fail to report within a reasonable time, the local governing body may appoint other commissioners to ascertain the compensation and damages. When any report is confirmed, the local governing body shall establish or alter the highway or bridge with or without gates, as it may seem proper, and provide for the payment of the compensation and damages allowed.

Code 1950, § 33-151; 1964, c. 565; 1970, c. 322, § 33.1-238; 1991, c. 520; 2003, c. 940; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-716. Appeal to circuit court.
If an applicant, proprietor, or tenant is not satisfied with the decision of the local governing body with respect to the amount of compensation or damages allowed, he may appeal, but only on the question of compensation and damages, to the circuit court of the county, provided such appeal is filed within 60 days. The court shall hear the matter de novo as to the amount of compensation and damages with the further right of appeal as provided by general law. Upon the hearing of the appeal, the court shall ascertain the amount of compensation and damages, if any, to which such proprietor is entitled, and shall certify the same to the local governing body, which shall proceed to carry out the judgment of the court, provided that the local governing body shall be summoned to appear at the hearing of the appeal.

Code 1950, § 33-152; 1970, c. 322, § 33.1-239; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-717. Who shall pay costs, compensation, and damages.
When the highway or bridge is established or altered, the county shall be chargeable with the compensation and damages to the proprietor or tenant and all costs incurred in the proceedings, provided that when the record shows that the sum allowed by the circuit court on appeal, as compensation and damages to any proprietor or tenant is not more than the amount allowed by the local governing body from whose decision the appeal was taken, such proprietor or tenant shall be adjudged to pay the costs occasioned by such appeal. When the local governing body decides against the application to establish or alter a highway or bridge, the applicant shall pay the costs incurred in the case, except the compensation of the viewers.

But when it shall appear to the local governing body that the opening and establishing or altering of such highway will be for mere private convenience, then the local governing body may order the same upon condition that such applicant pay, in whole or in part, the compensation and damages to the proprietor or tenant and the costs of the proceedings and keep the highway in order. In any such case the highway shall not be opened and established or altered until such compensation and damages and costs has been first paid or the written consent of the proprietor or tenant has been given.

Code 1950, § 33-153; 1964, c. 565; 1970, c. 322, § 33.1-240; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-718. Highways not to be established through cemetery or seminary of learning without owners' consent.
No highway shall be established upon or through the lands of any cemetery or through the lands of any seminary of learning without the consent of the owners thereof.

Code 1950, § 33-154; 1964, c. 565; 1970, c. 322, § 33.1-241; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-719.  Abandonment of certain highways and railway crossings.
The governing body of any county that has chosen or hereafter chooses not to be included in the provisions of Article 3 (§ 33.2-324 et seq.) of Chapter 3, whenever it deems that any part of a highway subject to its jurisdiction is no longer required or an existing crossing by any such highway of the lines of a railway company, or any existing crossing by the lines of a railway company of such highway, is no longer necessary as a part of such highway system, may abandon the section of highway or the crossing.

The procedure for any such abandonment shall be governed by the provisions applicable to the Board as provided in Articles 1, 2, and 3 (§§ 33.2-900 through 33.2-926) of Chapter 9 and all provisions applicable to the Board shall apply, mutatis mutandis, to the governing body of the county.

Code 1950, § 33-155.1; 1970, c. 322, § 33.1-243; 2014, c. 805.
Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-720. Supervisors may issue process.
The governing body of a county shall have power to cause process to issue and compel the attendance of witnesses and other parties.

Code 1950, § 33-159; 1970, c. 322, § 33.1-244; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-721. Compensation of clerk of board.
The clerk of the local governing body of a county shall receive for the duties to be performed by him under the provisions of this article compensation to be fixed and allowed to him by the local governing body.

Code 1950, § 33-160; 1956, c. 582; 1970, c. 322, § 33.1-245; 2014, c. 805.

Code of Virginia — Title 33.2 (Highways and Other Surface Transportation Systems), Chapter 7 (LOCAL AUTHORITY OVER HIGHWAYS)
§ 33.2-722. Discontinuance of gates on public highways.
Whenever a public highway is, or has been, established with gates, any person may apply to the governing body of the county to have such gates discontinued, on which application proceedings shall be had in accordance with the applicable provisions of §§ 33.2-706 through 33.2-717. If the local governing body decides that the gates shall be removed, it shall direct the sheriff of the county to remove the same, and the sheriff shall do so at such time as the local governing body may direct.

When damages are allowed to any person or persons on account of the removal of such gates, such damages and the costs incident to the proceeding shall be paid out of the county general fund. Any such person shall have an appeal of right to the circuit court of the county, at any time within 10 days from the date of the order making such allowance, but only from the amount of damages allowed.

Code 1950, § 33-161; 1970, c. 322, § 33.1-246; 2014, c. 805.