A. The Commissioner of Highways may, upon the request of the governing body of any county and at the expense of the owner of the land, improve private roads giving direct access from the home or other central buildings on the property along the shortest practical route to the nearest public highway, provided that:

1. The Commissioner of Highways shall in no case undertake any such work until certification is made by the governing body of the county that the property owner cannot secure the services of a private contractor to perform the work nor then until the owner has deposited with him a certified check in the amount estimated by the Commissioner of Highways as the cost of the work;

2. Not more than $1,000 shall be expended on any one such private project in any one year; and

3. No work of ordinary maintenance shall be done on any such private road under the provisions of this section.

B. In addition, the Commissioner of Highways may, upon the request of the council of any town having a population of less than 1,500 and at the expense of such town, improve and maintain any streets or roads in such town and not in the primary state highway system. As to streets and roads in such town, no certification by the board of supervisors or deposit shall be necessary.

C. Any work done by the Commissioner of Highways pursuant to the provisions of this section shall only be done with the equipment and employees of the Department.

Code 1950, § 33-118; 1970, c. 322, § 33.1-201; 2013, cc. 585, 646; 2014, c. 805.