CHAPTER 22

An Act to amend and reenact §§ 7, 29 and 38-B of Chapter 348 of the Acts
of Assembly of 1928, approved March 21, 1928, as amended, which
provided a new charter for the city of Lynchburg; and to further
amend this chapter by adding a section numbered 38-F, the amended
and new sections relating respectively to the salaries of councilmen,
mayor and vice-mayor; days of holding municipal court; the power
and procedures of eminent domain; and the residence requirements
for officers and employees.

[H 56]

Approved February 13, 1968

Be it enacted by the General Assembly of Virginia:

1. That §§ 7, 29 and 38-B of Chapter 343 of the Acts of Assembly ap-
proved March 21, 1928, as amended, be amended and reenacted and that
the said chapter be amended by adding therein a section numbered 38-F,
the amended and new sections being as follows:

§ 7. Beginning September first, 1968, and thereafter. The salary of
each member of Council shall be * twelve hundred dollars per annum,
except that member who shall be elected mayor, whose salary shall be
* eighteen hundred dollars per annum, and except that member who
shall be elected vice-mayor, whose salary shall be fifteen hundred dollars
per annum, payable out of the treasury of the city of Lynchburg in
monthly installments; provided, however, that the Council may, from
time to time, by five-sevenths vote of all members elected to Council,
change the salaries of each member of the Council, and the members
who shall be elected mayor and vice-mayor respectively, to such sums
per annum as it may see fit, but not to exceed the sum of * twelve
hundred dollars per annum for each member of the Council and * eighteen
hundred dollars per annum for the mayor and fifteen hundred dollars per
annum for the vice-mayor.

§ 29. Said judge shall hold * court each day (except Saturdays and
Sundays, and such holidays as may be specified by Council, and such days
as he may set apart for the trial of juvenile and domestic relations cases
when he is sitting as judge of such court), to take cognizance of such
cases as may be brought before him under the laws of the State or the
ordinances of the city.

§ 38-B. (1) In order to carry out more effectually the powers con-
ferred by this charter, the city of Lynchburg is hereby expressly author-
ized to acquire by condemnation proceedings instituted in the corporation
court of the city of Lynchburg, or in the circuit court of the city of Lynch-
burg, if the subject lies or is situated within the city, and if not within
the city, in the circuit court of the county in which subject lies, land or
any interest therein, any right. easement, or estate of any person or cor-
poration therein, whenever in the opinion of its council a public necessity
exists therefor, which shall be expressed in the ordinance or resolution
directing such acquisition, whenever the city of Lynchburg cannot agree
on terms of purchase or settlement with those entitled to such subject
because of the incapacity of such owner, or some one of the owners, or
because of the inability to agree upon the compensation to be paid, or
other terms of settlement or purchase, or because the owner, or some one
of the owners, of the subject proposed to be acquired is a nonresident
of this State, or cannot with reasonable diligence be found in this State,
or is unknown. If the subject is situated partly within the city and partly
within the county, the circuit court of such county shall have concurrent
jurisdiction in such condemnation proceeedings with the courts of the
city hereinbefore enumerated. The judge or the court exercising such con-
current jurisdiction shall appoint five disinterested freeholders, any or
all of whom may reside either in such county or in the city, any three
of whom may act, as provided by law.

(2) In addition to the procedure prescribed by general law for the
exercise of the power of eminent domain, the council of the city may, by
such ordinance or resolution, direct the acquisition of such property and
provide therein in a lump sum the total estimated necessary funds to
compensate the owners thereof for the property or properties to be ac-
quired or damaged. Upon the adoption of such ordinance or resolution
the city may file a petition in the clerk’s office of any of the courts here-
inbefore enumerated, which shall be signed by the mayor, vice-mayor or
city manager and shall set forth the interest or estate to be taken in the
property and the uses and purposes for which the property or the interest
or estate therein is wanted, or when no property is to be taken but is
likely to be damaged, the necessity for the work of improvement which
will cause or is likely to cause damage to the property or estate of any
person. There shall also be filed with the petition a plat of a survey of
the property with a profile showing cuts and fills, trestles and bridges,
if any, and a description of the property which, or an interest or estate
in which, is sought to be taken or likely to be damaged and a memorandum
showing the names and residences of the owners of the property, if
known, and showing also the quantitv of propertv which, or an interest
or estate in which. is soucrht to be taken or will he or is likelv to be
damaged. There shall be filed also with said petition a notice directed
to the owners of the property, if known. conies of which shall he served
on such owners or on tenants of the freehold of such property. if known.
If such owner or tenant of the freehold he unknown or a nonresident of
the State and cannot with reasonable dilirvence be found in this State,
or if the residence of such owner or tenant be unknown, he may be pro-
ceeded arainst by order of publication. which order. however, need not
be published more than once a week for two sucrossive weeks and shall
be posted at a main entrance to the courthouse. The nublication shall in
all other respects conform to §§ * 8-71, 8-72, 8-76 and 25-46.10 of the Code
of Virginia. Upon the filing of said petition and the deposit of the funds
provided bv the comncil for the nyrpose. in a hank to the credit of the
court in such proceedings and the filing of a certificate of deposit therefor,
the interest or estate of the owner of such property shall terminate and
the title to such pronerty or interest or estate of the owner shall be
absolutely vested in the city in fee simple and such owner shall have
such interest or estate in the funds so deposited as he had in the property
taken or damaged and all liens bv deed of trust. judgment or otherwise
unon said property or estate shall be transferred to such funds and the
city shall have the right to enter unon and take possession of such prop-
erty for its uses and purposes and to construct its works of improvement.
The clerk of the court in which srch proceeding is instituted, unless such
court shall also be the court in which decds are admitted to record. shall
make and certify a conv of the netition. and any exhibits filed therewith,
notice and orders and deliver or transmit the same to the clerk of the
court in which deeds are admitted to record. The clerk of the court in
which deeds are admitted to record shall record the same in his deed book
and index them in the name of the person or persons who had the prop-
erty before and in the name of the city, for which he shall receive the
same fees prescribed for recording a deed, which shall be paid by the
city. If the city and the owner of property so taken or damaged agree
upon compensation therefor upon filing such agreement in writing in
the clerk’s office of such court, the court or judge thereof in vacation shall
make such distribution of such funds as to it may seem right, having due
regard to the interest of all persons therein, whether such interest be
vested, contingent or otherwise, and to enable the court or judge to make
a proper distribution of such money it may in its discretion direct in-
quiries to be taken by a special commissioner in order to ascertain what
persons are entitled to such funds and in what proportions and may direct
what notice shall be given of the making of such inquiries by such special
commissioner. If the city and the owner cannot agree upon the compensa-
tion for the property taken or damaged, if any, upon the filing of a mem-
orandum in the clerk’s office of said court to that effect, signed by either
the city or the owner, the court shall appoint commissioners provided for
in § * 25-46.20 of the Code of Virginia, or as provided for in this section,
and shall in this order appointing such commissioners designate the day
and hour for them to meet, and all proceedings thereafter shall be had
as provided in * §§ 25-46.20 through 25-46.84 of the Code of Virginia,
or as provided in § * 15.1-286 thereof, insofar as they are then applicable
and are not inconsistent with the provisions of this act, and the court
shall order the deposit in bank to the credit of the court such additional
funds as appear to be necessary to cover the award of the commissioners
or shall order the return to the city of such funds deposited that are not
necessary to compensate such owners for property taken or damaged.
The commissioners so appointed shall not consider improvements placed
upon the property by the city subsequent to its taking nor the value thereof
nor the enhancement of the value of said property by the erection of said
improvements in making their award.

(3) In all cases under the provisions of this act, the enhancement,
if any, in value of the remaining property of the owner by reason of the
construction or improvement contemplated or made by the city, shall be
offset against the damage, if any, resulting to such remaining property of
such owner by reason of such construction or improvement, provided such
enhancement in value shall not be offset against the value of the property
taken; and provided. further, that if such enhancement in value shall
exceed the damage, there shall be no recovery over against the owner for
such excess.

(4) Whenever any money shall have heretofore remained or shall
hereafter remain for five years in the custody or under the control of any
of the courts hereinbefore enumerated in any condemnation proceedings
instituted therein by the city under this section or the general law, without
any claim having been asserted thereto, such court shall, where the amount
is one hundred dollars or more, cause a publication to be made once a
week for two successive weeks in a newspaper of general circulation in
the city, setting forth the amount of such money, the source from which
it was derived and the proceedings in which it is held, and requiring all
persons having any claim to said money to appear before said court within
such time after the completion of the publication as the court may pre-
scribe and establish their claim. If the sum be less than one hundred
dollars, the court shall direct the same to be paid into the treasury of the
city, and a proper voucher for the payment taken and filed among the
records of the proceeding. If no person shall appear and show title in
himself, the court shall order the money, after deducting therefrom the
costs of such publication if such publication is made, and any other proper
charges, to be paid into the treasury of the city and a proper voucher for
the payment to be taken and filed among the records of the proceeding.
The city comptroller shall, in a book provided for the purpose, keep an
account of all money thus paid into the city treasury, showing the amount
thereof, when, by whom, and under what order it was paid, and the name
of the court, and, as far as practicable, a description of the suit or
proceeding in which the order was made, and as far as known, the names
of the parties entitled to said funds. Money thus paid into the treasury of
the city shall be paid thereout to any person entitled thereto, who has not
asserted a claim therefor in the proceeding in which it was held, on the
order of the court having jurisdiction of such proceeding, upon satis-
factory proof that he is entitled to such money. If such claim be established,
the net amount thereof, after deducting costs and other proper charges,
shall be paid to the claimant out of the treasury of the city on the warrant
of the city comptroller. No claim to such money shall be asserted after
ten years from the time when such court obtained control thereof; pro-
vided, however, if the person having such claim was an infant, insane,
or imprisoned at the time the claim might have been presented or asserted,
claim to such money may be asserted within five years after the removal
of such disability.

§ 38-F. Except as otherwise provided in this charter, the Council
shall have the power to provide by ordinance the length of prior residence
an the city, if any, which shall be required as a qualification for employment
of regular, permanent officers and employees of the city, or any of them;
and whether such officers and employees, or any of them, shall be required
to reside within the city during their tenure in such office or employment.
2. An emergency exists and this act is in force from its passage.