10.1-405 - Duties and powers of the Department; eminent domain prohibited.
§ 10.1-405. Duties and powers of the Department; eminent domain prohibited.
A. The Department shall:
1. Administer the Virginia Scenic Rivers System to preserve and protect itsnatural beauty and to assure its use and enjoyment for its scenic,recreational, geologic, fish and wildlife, historic, cultural or other assetsand to encourage the continuance of existing agricultural, horticultural,forestry and open space land and water uses.
2. Periodically survey each scenic river and its immediate environs andmonitor all existing and proposed uses of each scenic river and its relatedland resources.
3. Assist local governments in solving problems associated with the VirginiaScenic Rivers System, in consultation with the Director, the Board, and theadvisory committees.
B. The Department shall not exercise the right of eminent domain to acquireany real property or interest therein for the purpose of providing additionalaccess to any scenic river. Nothing in this subsection shall limit or modifyany powers granted otherwise to any locality.
C. The Department may seek assistance and advice related to the scenic riverprogram from the Department of Game and Inland Fisheries, the Department ofForestry, the Department of Historic Resources, the Virginia Marine ResourcesCommission, the United States Forest Service, other state and federalagencies and instrumentalities, and affected local governing bodies.
D. The Department shall have the following powers, which may be delegated bythe Director:
1. To make and enter into all contracts and agreements necessary orincidental to the performance of its scenic river duties and the execution ofits scenic river powers, including but not limited to contracts with privatenonprofit organizations, the United States, other state agencies andpolitical subdivisions of the Commonwealth;
2. To accept bequests and gifts of real and personal property as well asendowments, funds, and grants from the United States government, its agenciesand instrumentalities, and any other source. To these ends, the Departmentshall have the power to comply with such conditions and execute suchagreements as may be necessary, convenient, or desirable; and
3. To conduct fund-raising activities as deemed appropriate related to scenicriver issues.
(1970, c. 468, §§ 10-167, 10-173; 1988, c. 891; 2003, c. 240.)