Bill Text: VA HB1947 | 2011 | Regular Session | Chaptered
Bill Title: Right to enter on land; removes requirement for notice of intent be sent by certified mail.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-03-14 - Governor: Acts of Assembly Chapter text (CHAP0060) [HB1947 Detail]
Download: Virginia-2011-HB1947-Chaptered.html
Be it enacted by the General Assembly of Virginia: 1. That § 33.1-94 of the Code of Virginia is amended and reenacted as follows: § 33.1-94. Right to enter on land to ascertain its suitability for highway and other transportation purposes; damage resulting from such entry. A. The Commonwealth Transportation Commissioner, through his duly authorized officers, agents, or servants, may enter upon any land in the Commonwealth for the purposes of making examination and survey thereof, including but not limited to photographing, testing, including but not limited to soil borings or testing for contamination, making appraisals, and taking such actions as may be necessary or desirable to determine its suitability for highway and other transportation purposes, or for any other purpose incidental thereto. Such officers, agents, or servants shall exercise care to protect any improvements, growing crops, or timber in making such examination or survey. B. Notice shall be sent to the owner by C. The notice shall include the anticipated date or dates such entry is proposed to be made and the purpose of such entry. Any entry authorized by this section shall be for the purposes of making examination and survey thereof, including but not limited to photographing, testing, including but not limited to soil borings or testing for contamination, making appraisals, and taking such other actions as may be necessary or desirable to determine the suitability of such property for highway and transportation purposes and shall not be deemed a trespass. D. Notwithstanding the provisions in subsections A and B, nothing shall preclude entry prior to the anticipated date of entry specified in the notice if the property owner or his designated representative agrees to or requests a date of entry prior to the date of entry specified in the notice. E. The Commonwealth Transportation Commissioner,
through his duly authorized officers, agents, or servants, shall make reimbursement
for any actual damages to real or personal property resulting from entry upon
the property. In any action filed under this section, the court may award the
owner his reasonable attorney fees, court costs, and fees for no more than
three expert witnesses testifying at trial if |