Since the genesis of the present Highway Department in Virginia, which began with the creation of the first State Highway Commission in 1906, the responsibility for and emphasis on highway construction has been primarily on rural roads. Although more and more assistance has been given to the municipalities over the years, and the formula for the distribution of available funds has been altered to their benefit, the major emphasis in the present nine-year program for highway construction in Virginia is still upon the roads connecting the municipalities, principally the 1,060-mile Interstate System and the 1,738-mile arterial highway network.

At the same time, Governor Harrison, being aware of the rapid trend to urbanization in Virginia, in 1964 requested the Virginia Advisory Legislative Council to make a study of urban highway needs and the financing thereof. At the time this study was completed and the Council reported to the 1966 Regular Session of the General Assembly, only a bare beginning had been made in the needs studies in the major urban areas which were required of the Highway Department as a condition to further participation in federal aid. The Council therefore recommended that the study be continued and in considerance of this recommendation the General Assembly adopted Senate Joint Resolution No. 23, under which the Council's current study was conducted.

During this biennium, there have been completed needs studies in 45 metropolitan areas in Virginia and two more are in contemplation. Based on these, the Highway Department made a study of urban needs up to 1985. We attach as an appendix to this Report the text of the Highway Department's Report to the Council.

In very brief summary, that Report shows that the population of Virginia is at the present time estimated to be 62.9% urban and that by 1985 it is expected to be 85.3% urban and only 14.7% rural. To meet the anticipated needs of this greatly increased urban population, it is estimated that 3.8 billion dollars would have to be expended for construction costs and purchase of rights-of-way whereas only 900 million dollars in anticipated revenues from present sources will be available.

It is obvious that long range planning must be undertaken now to meet the situation which will confront the cities and towns of the Commonwealth if a major crisis in their streets and highways situation is to be avoided. Since it is hoped that the rural highway needs will be reasonably well satisfied with the completion of the present program, it also appears that thought must be given to the development of a new allocation formula for highway funds, to channel what funds are available toward the needs which are most acute. Action must also be taken immediately looking toward the reduction of the one major aspect in highway cost which is to some extent subject to the State's control, that is, acquisition costs for rights-of-way.

With these thoughts in mind, the Council makes the following recommendations.

RECOMMENDATIONS

1. The State Highway Commission should be authorized, upon the adoption of preliminary plans for highway projects and after holding pub1ic hearings thereon, to-file such plans in the clerk's offices wherein deeds are admitted to record in the counties or cities where the land proposed to be used lies, such filing to have the effect of zoning the land for highway purposes and to bar the construction of improvements thereon. In order that the owners of such lands will not be deprived of the use thereof without compensation, the Highway Commission should further be required to purchase the land upon request of the owner; in case the Commission is unable to do so, the zoning would be ineffective as to that property.

2. As a further protection to land which may be needed for future rights-of-way, there should be established a set-back line of 50 feet from the edge of all highways in the State within which no new improvements could be constructed without specific authorization from the State Highway Commission.

3. § 33-57.1 of the Code presently permits advance acquisition of rights-of-way, for the Interstate Highway System within a period of 12 years and for other highways within 10 years. This should be increased, in the major metropolitan areas to a period of 16 years for all highways.

4. During the biennium 1968-1970 the State Highway Commission should set aside a minimum of five million dollars each year for the advance purchase of rights-of-way.

5. Enhancement to remaining property resulting from the construction or improvement of a highway should be an offset against the value of any property taken for such construction or improvement.

6. The present allowance to municipalities for maintenance, improvement, construction or reconstruction of streets not a part or an extension of the primary system should be increased from $1,000. to $1,100.

7. The study of urban-streets and highways by the Virginia Advisory Legislative Council with the cooperation of the State Highway Department and other State agencies, should be continued.