33.1-301 - Incidental powers.
§ 33.1-301. Incidental powers.
The Board shall have power to construct grade separations at intersections ofany turnpike project with public highways and to change and adjust the linesand grades of such highways so as to accommodate the same to the design ofsuch grade separation. The cost of such grade separations and any damageincurred in changing and adjusting the lines and grades of such highwaysshall be ascertained and paid by the Board as a part of the cost of suchturnpike project.
If the Board shall find it necessary to change the location of any portion ofany public highway, it shall cause the same to be reconstructed at suchlocation as the Board shall deem most favorable and of substantially the sametype and in as good condition as the original highway. The cost of suchreconstruction and any damage incurred in changing the location of any suchhighway shall be ascertained and paid by the Board as a part of the cost ofsuch turnpike project.
Any public highway affected by the construction of any turnpike project maybe vacated or relocated by the Board in the manner now provided by law forthe vacation or relocation of public roads, and any damages awarded onaccount thereof shall be paid by the Board as a part of the cost of suchproject.
In addition to the foregoing powers, the Board and its authorized agents andemployees may enter upon any lands, waters and premises in the Commonwealthfor the purpose of making surveys, soundings, drillings and examinations asthey may deem necessary or convenient for the purposes of this article, andsuch entry shall not be deemed a trespass, nor shall an entry for suchpurposes be deemed an entry under any condemnation proceedings which may bethen pending. The Board shall make reimbursement for any actual damageresulting to such lands, waters and premises as a result of such activities.
The Board shall also have power to make reasonable regulations for theinstallation, construction, maintenance, repair, renewal, relocation andremoval of tracks, pipes, mains, conduits, cables, wires, towers, poles andother equipment and appliances (herein called "public utility facilities")of any public utility in, on, along, over or under any turnpike project.Whenever the Board shall determine that it is necessary that any such publicutility facilities which now are, or hereafter may be, located in, on, along,over or under any turnpike project should be relocated in such turnpikeproject, or should be removed from such turnpike project, the public utilityowning or operating such facilities shall relocate or remove the same inaccordance with the order of the Board; provided, however, that the cost andexpenses of such relocation or removal, including the cost of installing suchfacilities in a new location or new locations, and the cost of any lands, orany rights or interest in lands, and any other rights, acquired to accomplishsuch relocation or removal, shall be ascertained and paid by the Board as apart of the cost of such turnpike project. In case of any such relocation orremoval of facilities, the public utility owning or operating the same, itssuccessors or assigns, may maintain and operate such facilities, with thenecessary appurtenances, in the new location or new locations, for as long aperiod, and upon the same terms and conditions, as it had the right tomaintain and operate such facilities in their former location or locations.
The Commonwealth hereby consents to the use of all lands owned by it,including lands lying under water, which are deemed by the Board to benecessary for the construction or operation of any turnpike project.
(Code 1950, § 33-255.6; 1952, c. 223; 1970, c. 322.)