Chap. 217.—An ACT to provide the mode of ascertainment of damages in
favor of abutting owners where any city or town shall cause injury to
property by reason of the grading of any street, alley or other public place
belonging to such city or town, and to give to any assessment so made against
the city or town the effect of a judgment.

Approved March 12, 1908.

1. Be it enacted by the general assembly of Virginia, ‘That whenever
the council of any city or town shall deem it desirable to grade any
street, alley or other public place belonging to such city or town, they
shall by resolution or ordinance direct the same to be done, and if
the improvement be such as may cause damage to the abutting owners,
the resolution or ordinance shall designate and direct some committec
of the council, or some officer of the city or town, to proceed by personal
inspection of the premises to ascertain what damages, if any, will
accrue to such owners, respectively, and it shall be the duty of the
committee or officer acting under such resolution or ordinance, upon
such ascertainment, to give written notice to all of the abutting owners
of the amount of the ascertainment made by them or him, and by such
notice said owners shall be cited to appear before such committee or
officer, as the case may be, not less than ten days after the service there-
of, at a time and place to be designated therein, and show cause, if
any they can, against the ascertainment so made as aforesaid. Such
notice may be given by personal service on each of the property owners,
except that notice to an infant or insane person may be served on his
guardian or committee, and notice to a non-resident may be mailed
to him at his place of residence or served on any agent of his, having the
property in charge, or on the tenant of the freehold, or, in any case,
in lieu of such personal service on the parties, such notice may be given
by publishing the same in some daily newspaper published in the city
or town, once a week for two successive weeks, the last publication to
be made at least ten days before the day on which the parties are cited
to appear. Any owner wishing to make objection to such ascertainment,
so far as the same effects him, may appear in person or by counsel and
state his objections. If his objections are overruled, he shall, within
thirty days thereafter, but not afterwards, have an appeal as of right
to the corporation or hustings court of the city, or in case of a town
to the circuit court of the county in which such town is situated.
When an appeal is taken the clerk of such committee or the officer
having the matter in charge, shall immediately deliver to the clerk of
the court which has cognizance of the appeal, the original notice re-
lating to the assessment of damages, with the judgment of the com-
mittee or officer endorsed thereon, and the clerk of such court shali
docket the same. Every such appeal shall be tried by the court or the
judge thereof in a summary way, without pleadings in writing and in
term time or vacation, after reasonable notice to the adverse party
and the hearing shall be de novo. The committee or officer having
the matter in charge shall, within ten days after the expiration of the
time in which an appeal may be taken to the court, file a detailed report
with the clerk of the council showing separately the amount of dam-
ages assessed in favor of each property owner, and also which, if any.
have taken an appeal as hereinbefore provided, which report shall, by
the said clerk, be laid before the next regular meeting of the council or
either branch thereof, and the body before whom the report is laid for
its action on the amount of damages so made, may affirm, amend or re-
ject the same in whole or in part. The amount finally ascertained in
favor of any property owner as hereinbefore provided shall have the
effect of a judgment in favor of such property owner against the city
or town, and may be enforced ‘by proper proceedings before any court
of record having jurisdiction in the premises.