CHAPTER 415

An Act to amend the Code of Virginia by adding a section numbered
25-232.1, relating to authority of certain counties and cities to enter
upon property subject to eminent domain; reimbursement for dam-
ages; notice prior to entry.

(S 490]

Approved April 2, 1968

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
25-232.1, as follows:

§ 25-232.1. In connection with the actual or proposed acquisition,
construction, improvement, enlargement, extension and equipment of any
project wherein the power of eminent domain may be exercised, any county,
having a population of more than two hundred forty thousand or any city
having a population of more than one hundred thousand but less than one
hundred fourteen thousand or any city having a population of more than
eighty-six thousand but less than ninety thousand or any city having a
population of more than seventy thousand but less than eighty thousand
or any city having a population of more than eighty thousand but less
than eighty-six thousand, acting through its duly authorized officers, agents
or employees, is hereby authorized to enter upon any land, water or prem-
ises located within or without said county or city, for the purpose of
making surveys, borings, soundings, appraisals or examinations for the
purpose of determining the suitability of such property for the project
involved, and such entry shall not be deemed a trespass, but the county or
city shall make reimbursement for any actual damages resulting from such
entry; provided, however, that unless written permission shall have been
previously obtained, no such county or city shall enter upon any such
land, water or premises until it has, by certified mail, requested permission
from the owner of such land, water or premises, to effect such entry,
fifteen days prior to the date such entry is proposed to be made. Such date
shall be set forth in the request for permission for entry. In the event
written permission from such owner is not received prior to the time such
entry is proposed, such county or city shall, by certified mail, notify such
owner that it proposes to enter such land, water or premises on a date not
less than fifteen days from the date such notice is mailed.