§ 56-535. Title

This chapter may be cited as the “Virginia Highway Corporation Act of 1988.” 1988, c. 649.

§ 56-536. Definitions

As used in this chapter, unless the context requires a different meaning: “Board” means the Commonwealth Transportation Board. “Certificate” means the certificate of authority awarded pursuant to this chapter which allows operation of a roadway. “Commission” means the State Corporation Commission. “Department” means the Virginia Department of Transportation. “Highway” means the entire width between the […]

§ 56-537. Construction of highways and use of public funds in the public interest

The General Assembly finds that there is a compelling public need for rapid construction of safe and efficient highways for the purpose of travel within the Commonwealth, and that it is in the public interest to encourage construction of additional, safe, convenient, and economic highway facilities by private parties, provided that adequate safeguards are provided […]

§ 56-538. Prerequisite for construction and operation

No person may construct, operate or enlarge any roadway, as defined in § 56-536, within the Commonwealth without first having obtained a certificate of authority from the Commission authorizing such construction, operation or enlargement. 1988, c. 649.

§ 56-539. Certificate of authority

A. Any person may apply to the Commission for a certificate of authority to construct or operate a roadway, or to extend or enlarge a roadway for which a certificate has been issued under this chapter. If the Commission determines in writing, after notice and opportunity for a hearing, that the application is complete, that […]

§ 56-540. Application

The Commission may charge a reasonable application fee to cover the costs of processing, reviewing, and approving or denying the application. The application for a certificate of authority shall contain the following material and information: 1. The geographic area to be served by the roadway and a topographic map indicating the route of the roadway; […]

§ 56-541. Eminent domain

The power of eminent domain shall not be exercised by the operator for the purpose of acquiring any lands or estates or interests therein, nor any other property used by the operator for the construction or enlargement of a roadway pursuant to this chapter. 1988, c. 649; 1991, c. 272.

§ 56-542. Powers of the Commission

A. As used in this section: “CPI” means the Consumer Price Index — U.S. City Averages for All Urban Consumers, All Items (not seasonally adjusted) as reported by the U.S. Department of Labor, Bureau of Labor Statistics; however, if the CPI is modified such that the base year of the CPI changes, the CPI shall […]

§ 56-543. Powers and duties of roadway operator

A. The operator shall have all power allowed by law generally to persons having the same form of organization as the operator, including, without limitation, the authority to operate the roadway and charge tolls for the use thereof, and may pledge any revenue net of operational expenses realized from tolls charged for the use of […]

§ 56-544. Board approval; inspection agreement with Department

A. The applicant for a certificate of authority to construct or enlarge a roadway pursuant to this chapter shall first secure the approval of the Board for the project, the project construction costs, the location and design of the roadway, and its connection with any road under the jurisdiction of the Board, at proper and […]

§ 56-545. Insurance; sovereign immunity

Any operator who constructs, operates or enlarges a roadway pursuant to this chapter shall secure and maintain a policy or policies of public liability insurance in form and amount satisfactory to the Commission and sufficient to insure coverage of tort liability to the public and employees, and to enable the continued operation of the roadway. […]

§ 56-546. Local approvals

A. Prior to the issuance of a certificate of authority by the Commission and contemporaneously with the filing of any application materials with the Commission, the applicant shall provide the local governing body of each jurisdiction through which any part of the roadway passes with the application information and materials required by § 56-540 and […]

§ 56-547. Utility crossings

The applicant shall include in the application a list of public utility facilities and rights-of-way to be crossed or otherwise affected in the construction of the roadway and a plan and schedule for such crossings. The operator and each public utility whose works are to be crossed or affected shall each have the duty to […]

§ 56-548. Highway and roadway crossings

No crossing of a railway, highway, street, road or alley shall be at grade, but shall pass above or below the railway, highway, street, road, or alley, and such crossings are hereby permitted, subject to the provisions of this chapter. 1988, c. 649.

§ 56-549. Default

In the event of material and continuing default in the performance of the operator’s construction or operation duties or failure of the operator to comply with the terms of its agreement with the Department, in either case, after notice thereof and an opportunity to cure, or in the event that construction has not begun within […]

§ 56-550. Police powers; violations of law

A. The roadways and highways constructed or operated under this chapter may be policed in whole or in part by officers of the Department of State Police, even though all or some portion of any such projects lie within the corporate limits of a municipality or other political subdivision, and just as if the roadway […]

§ 56-551. Termination of certificate; dedication of assets

Within ninety days of the completion and closing of the original permanent financing, the operator shall provide full details of the financing, including the terms of all bonds, to the Commission; and shall certify the term of the original permanent financing and its termination date. The Commission may require that the operator provide copies of […]

§ 56-552. Improvement Fund

There shall be a fund established by the Commonwealth Transportation Board, from the toll revenues described in this section, for the purpose of funding transportation improvements which are related to or affected by the toll road. Toll rates shall be set in multiples of five cents; however, the Commission shall order that that percentage of […]