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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>370576</law_id><section_number>56-549</section_number><catch_line>Default</catch_line><edition url="https://vacode.org/2026/" slug="2026" current="TRUE" last_updated="2026-08-02">2026</edition><structure><unit label="title" level="1" order_by="121" identifier="56">Public Service Companies</unit><unit label="chapter" level="2" order_by="39" identifier="20">Virginia Highway Corporation Act of 1988</unit></structure><text>
						<section><p>In the event of <span class="dictionary">material</span> and continuing <span class="dictionary">default</span> in the performance of the <span class="dictionary">operator</span>&#x2019;s construction or <span class="dictionary">operation</span> duties or failure of the <span class="dictionary">operator</span> to comply with the terms of its agreement with the <span class="dictionary">Department</span>, in either case, after notice thereof and an opportunity to cure, or in the event that construction has not begun within two years of the issuance of a <span class="dictionary">certificate</span>, the <span class="dictionary">Commission</span>, after a <span class="dictionary">hearing</span> in which the applicant or <span class="dictionary">operator</span> has notice and opportunity to participate, may revoke the <span class="dictionary">certificate</span> of authority for the <span class="dictionary">roadway</span>, declare a <span class="dictionary">default</span> in the construction or <span class="dictionary">operation</span> of the <span class="dictionary">roadway</span>, and make or cause to be made the appropriate claim or claims under any completion or performance <span class="dictionary">bonds</span>, or take such other action as it may deem appropriate under the circumstances. The <span class="dictionary">Department</span> may participate in or initiate such proceedings. In case of <span class="dictionary">revocation</span> of a <span class="dictionary">certificate</span>, the applicant or <span class="dictionary">operator</span> shall thereafter be without any authority to construct or operate the <span class="dictionary">roadway</span>, and the <span class="dictionary">Department</span> may take over construction and <span class="dictionary">operation</span> of the <span class="dictionary">roadway</span>, and may proceed thereafter to take any steps which are in the public interest, including completion of construction or additions to the <span class="dictionary">roadway</span>, closing the <span class="dictionary">roadway</span>, or any intermediate step. The <span class="dictionary">Department</span> shall receive the full proceeds of any payments due to claims against bonding companies or sureties for this purpose. In addition, in such event, the <span class="dictionary">operator</span> shall grant to the <span class="dictionary">Department</span> all of its right, title and interest in the <span class="dictionary">assets</span> of the <span class="dictionary">operator</span>. Nothing herein shall be construed to limit the <span class="dictionary">Department</span>&#x2019;s exercise of the power of eminent domain. In either case, the <span class="dictionary">operator</span> may obtain compensation from the <span class="dictionary">Department</span> for such <span class="dictionary">assets</span>, except that the <span class="dictionary">Department</span> shall first deduct from the value of such <span class="dictionary">assets</span> all of its costs incurred in connection with completion or fulfillment of the unperformed obligations of the <span class="dictionary">operator</span> including the payment of any obligations assumed by the <span class="dictionary">Department</span>, and any other costs associated with the events contemplated in this section. The <span class="dictionary">Department</span> shall take into account moneys received from the proceeds of any payment or completion <span class="dictionary">bond</span> in calculating the amount due the <span class="dictionary">operator</span>.</p></section></text><history>1988, c. 649; 1991, c. 272.</history><metadata></metadata></law>
