Administrative Code

Virginia Administrative Code
Title 24. Transportation and Motor Vehicles
Agency 30. Department of Transportation
4/9/2020

Chapter 540.

24VAC30-540-10. Policy.

It is the policy of VDOT to convey residue and surplus land based upon highest and best use.

VDOT classifies residue and surplus land in two ways:

1. Residue and surplus land suitable for independent development;

2. Residue and surplus land assembled with adjacent properties.

Upon the approval to dispose of land, the locality in which the land is located shall be notified in writing of VDOT's interest in accordance with § 33.2-230 of the Code of Virginia once all previous landowner obligations have been satisfied.

Statutory Authority

§ 33.2-210 of the Code of Virginia.

Historical Notes

Derived from VR385-01-50, eff. August 10, 1994.

Amended, Virginia Register Volume 17, Issue 23, eff. June 29, 2001; amended, Virginia Volume 31, Issue 7, eff. December 31, 2014.

24VAC30-540-20. Land for independent development.

A. Residue and surplus land with the potential of independent development and with a definite market value will be offered for public sale after the land has been offered to the original former property owner at fair market value.

B. Exceptions in the best interests of the Commonwealth are when:

1. Transfer of property is included in negotiations for other land needed for right-of-way.

2. Another state agency or locality expresses a need for such property and is willing to acquire same for a consideration deemed satisfactory to the Director of Right of Way and Utilities.

Statutory Authority

§ 33.2-210 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 17, Issue 23, eff. June 29, 2001.

24VAC30-540-30. Land assembled with adjacent properties.

A. Certain surplus land is unsuitable for independent development and therefore is only usable for assemblage with adjacent property.

B. Whenever VDOT conveys land or an interest in land to owners of record of adjoining land, one of the following actions is required to verify and confirm adjacent ownership:

STEP

ACTION

1

Owners of record must furnish the Right of Way and Utilities Division with an affidavit signed by one or more of the owners. This affidavit must certify the exact manner and names in which title to adjoining land stands in the local courthouse records.

2

Certification of title from the adjacent landowner's attorney may be required by the Chief Engineer or Director of Right of Way and Utilities if: substantial road frontage is involved and liens or deeds of trust exist on the adjacent property.

Upon satisfying the above, the Commissioner of Highways will execute the deeds in accordance with §§ 33.2-907, 33.2-913, and 33.2-1010 of the Code of Virginia.

Statutory Authority

§ 33.2-210 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 17, Issue 23, eff. June 29, 2001; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011; Volume 31, Issue 7, eff. December 31, 2014.

24VAC30-540-40. Disposal of improvements.

The Commonwealth Transportation Board (CTB) grants to the Commissioner of Highways the power to dispose of improvements located on and acquired with any right-of-way in such manner as he may deem most expedient and in the best interest of the Commonwealth.

Statutory Authority

§ 33.2-210 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 17, Issue 23, eff. June 29, 2001; amended, Virginia Register Volume 28, Issue 4, eff. November 23, 2011.



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