Code of Virginia

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Code of Virginia
Title 62.1. Waters of the State, Ports and Harbors
Chapter 11. Federal Water Resources Development Projects
6/17/2021

Chapter 11. Federal Water Resources Development Projects.

§ 62.1-148. Resolutions and ordinances assuring local cooperation.

The governing body of any county, city or town is authorized to adopt such resolutions and/or ordinances as may be required giving it assurances to the Secretary of the Army or the Chief of Engineers of the United States Army for the fulfillment of the required items of local cooperation as expressed in acts of Congress and/or congressional documents, as conditions precedent to the accomplishment of river and harbor and flood control projects of the United States, when it shall appear, and is determined, by such local governing body that any such project will accrue to the general or special benefit of such county, city or town. In each case where the subject of such local cooperation requirements comes before a governing body a copy of its final action, whether it be favorable or unfavorable, will be sent to the Commissioner of Water Resources for the information of the Governor.

Code 1950, § 62-117.1; 1958, c. 197; 1968, c. 659.

§ 62.1-148.1. Power of cities and towns to bind themselves to perform or execute assurances regarding construction of flood walls or other flood control measures.

The cities and towns authorized to adopt resolutions and ordinances pursuant to § 62.1-148 shall have the power to irrevocably bind themselves to do any and all things necessary to perform or execute the assurances authorized to be given pursuant to § 62.1-148 regarding construction of flood walls or other flood control measures, anything in the charters of such cities or towns to the contrary notwithstanding.

1980, c. 48.

§ 62.1-149. Items of cooperation to which localities may bind themselves.

Such resolutions and ordinances may irrevocably bind such county, city or town:

(1) To provide, free of cost to the United States the fee simple title to lands, perpetual and/or temporary easements, rights-of-way and any other interest in lands for cut-off bends, the laying of pipelines, erection of dikes, sluiceways, spillways, dams, drains, deposit of dredged materials, and for other purposes;

(2) To alter existing structures on such areas;

(3) To simultaneously dredge designated areas not covered by the federal project when and where required;

(4) To construct and maintain public wharves and public roads leading thereto;

(5) To make contributions in money or property in lieu of providing disposal areas for dredged materials;

(6) To hold the United States safe and harmless against claims for damages arising out of the project or work incident thereto;

(7) To remove sewer pipes and submarine cables;

(8) To construct and maintain marine railways for the public use; and

(9) To provide or satisfy any other items or conditions of local cooperation as stipulated in the congressional document covering the particular project involved.

This section shall not be interpreted as limiting but as descriptive of the items of local cooperation, the accomplishment of which counties, cities and towns are herein authorized to irrevocably bind themselves; it being intended to authorize counties, cities and towns to comply fully and completely with all of the items of local cooperation as contemplated by Congress and as stipulated in the congressional acts or documents concerned.

Code 1950, § 62-117.2; 1968, c. 659.

§ 62.1-150. Acquisition of lands.

For the purpose of complying with the terms of local cooperation as specified in this chapter and as stipulated in the congressional document covering the particular project involved, any city or town may acquire the necessary lands, or interest in lands, by lease, purchase, gift or condemnation, whether such lands are within or without the corporate limits of such city or town, and any county may acquire such lands by lease, purchase, gift or condemnation.

However, the provisions of § 25.1-102, as now or hereafter in effect, shall apply to any property belonging to any corporation possessing the power of eminent domain which may be sought to be taken by condemnation hereunder.

Code 1950, § 62-117.3; 1968, c. 659; 2003, c. 940.

§ 62.1-151. Ratification of former resolutions and ordinances.

All resolutions and ordinances adopted prior to March 16, 1948, by cities, counties and towns in furtherance of local cooperation projects of the United States for river and harbor improvement and for flood control and their acts in pursuance thereof are hereby ratified and affirmed as if accomplished under the authority of this chapter.

Code 1950, § 62-117.4; 1968, c. 659.

§ 62.1-152. Liberal construction.

This chapter shall be liberally construed as in aid of projects of the United States for the improvements of rivers and harbors and for flood control and in furtherance of and not in limitation of powers now conferred by law on counties, cities and towns.

Code 1950, § 62-117.5; 1968, c. 659.