CHAPTER 535

An Act to amend and reenact §§ 25-46.20, as amended, and 38-68.1 of the
Code of Virginia, relating to the selection of commissioners in eminent
domain proceedings.

[S 390]

Approved April 4, 1968

Be it enacted by the General Assembly of Virginia:
1. That §§ 25-46.20, as amended and 33-63.1 of the Code of Virginia
be amended and reenacted as follows:
§ 25-46.20. Appointment and oath of commissioners; commissioners
to fix value of property and damages.—If the issue of just compensation
is to be determined by a commission, * the parties to the eminent domain
proceeding may agree upon five or nine disinterested freeholders to act
as commissioners, or if the parties cannot agree upon the names of com-
missioners to be summonsed, then each party shall present to the court
a list containing the names of at least six freeholders from which lists
the court shall select the names of nine persons to be summonsed as
commissioners, all of whom shall be residents of the county or city
wherein the property or the greater portion of the property to be
condemned is situated. If nine are summoned, the petitioner and the
owners shall each have two peremptory challenges and the remaining five,
or the original five if only five are summoned, shall be appointed, any three
or more of whom may act, and shall fix the value of the property to be taken
and the damages, if any, to any other property beyond the peculiar benefits,
if any, to such other property by reason of the taking and use thereof by
the petitioner. Before executing their duties the commissioners shall take
an oath before some officer authorized by the laws of this State to ad-
minister an oath, that they will faithfully and impartially ascertain what
will be the value of the property to be taken and the damages, if any, to any
other property beyond the peculiar benefits, if any, to such other property,
by reason of such taking and use by the petitioner.

§ 33-63.1. Appointment and oath of commissioners.—Upon or after
the expiration of twenty-one days from the return date of the notice for
appointment of commissioners as provided for in § 33-60.3 *
the parties to the eminent domain proceeding may agree upon five or nine
disinterested freeholders to act as commissioners, or if the parties cannot
agree upon the names of commissioners to be summonsed, then each party
shall present to the court a list containing the names of at least siz
freeholders from which lists the court shall select persons to be sum-
monsed as commissioners, all of whom shall be residents of the county
or city wherein the land or the greater portion thereof to be condemned
is situate. If nine are summoned, the Commissioner and the landowner
shall each have two peremptory ‘challenges and the remaining five, or
the original five if only five are summoned, shall be appointed, any
three or more of whom may act, and shall fix the value of the land taken
and damages, if any, which may accrue to the residue, beyond the en-
hancement in value, if any, to such residue, by reason of the taking. Be-
fore executing their duties, the commissioners shall take an oath before
some officer authorized by the laws of this State to administer an oath,
that they will faithfully and impartially ascertain what will be the
value of the land taken, and the damages, if any, which may accrue to the
residue, beyond the enhancement in value, if any, to such residue, by
reason of the taking. In addition to those freeholders summoned as pro-
vided in subsection hereof, two additional disinterested freeholders may
at the same time be summoned by the court to act as alternate commis-
sioners in the event of the death, absence, or disability of any acting
commissioner. Alternate commissioners shall be deemed commissioners
for all purposes of this chapter except that they shall not report as pro-
vided in § 25-46.21 unless having been assigned by the court to do so
because of the death, absence or disability of an acting commissioner.