Section 10. Authority

A. Pursuant to the authority granted by § 33.2-401 of the Code of Virginia, the Commonwealth Transportation Board (CTB) may designate all or any part of any existing or new highway as limited access, as the term "limited access highway" is defined in § 33.2-400 of the Code of Virginia, the designation of which requires the CTB to extinguish all easements of access, light or air. Actions regarding limited access control, including changes in control, require CTB approval. These changes typically include shifting, moving, or breaking control, or any combination of these, after a project is completed, finalized and serving in its intended capacity. The commissioner shall pay damages, if any, to owners of properties abutting the existing or new highway for the extinguishment of these rights. This chapter establishes the rules pertaining to change of limited access control.

B. The commissioner or his designee may issue additional instructions to implement this chapter.

Historical Notes

Derived from Volume 22, Issue 13, eff. February 14, 2006; amended, Virginia Register Volume 31, Issue 07, eff. December 31, 2014.

Statutory Authority

§§ 33.2-210 and 33.2-401 of the Code of Virginia.