CHAP. 169.—An ACT to amend and re-enact section 3 of an act concerning
the exercise of the power of eminent domain, approved January 18,
1904.

Approved March 12, 1912.

1. Be it enacted by the general assembly of Virginia, That
section three of an act concerning the exercise of the power of
eminent domain, approved January eighteenth, nineteen hundred
and four, be, and is hereby, amended so as to read as follows:

§3. Entry for the purpose of examining and surveying
land; liability for injury or trespassing.—Any company char-
tered by this State, which is authorized by its charter or by the
laws of this State to condemn lands, or any interest or estate
therein, or material, or other property, for its uses, may, by its
officers, agents, or servants, enter upon any lands or waters for
the purpose of examining the same, and surveying and laying
out such as may seem fit to an officer or agent authorized by it;
provided, that no injury be done the owner or possessor of the
land. But no company shall, under the authority of this section,
throw open any fences or inclosures on any land, or construct
its works upon or through the same, or in any way injure the
property of the owner or possessor without his consent; nor shall
a company, under any provision of this act, invade the dwelling-
house of any person in a city or town, or any space within sixty
feet thereof, without the consent of the owner, except in the case
of a railroad company when it is decided by the commissioners
(appointed to ascertain the value of the land or other property,
or the interest or estate therein, to be taken) that it would other-
wise be impracticable, without unreasonable expense, to construct
such railroad; and except further in the case of the occupancy by
a railroad company of the streets or alleys, public or private, of
any city or town in pursuance of permission obtained from the
corporate authorities of said city or town; nor shall a company,
under any provision of this act, invade the dwelling-house of
any person In any county, or any space within sixty feet there-
of, without the consent of the owner, except in the case of a rail-
road company, when it is decided by the court confirming the
report of the commissioners (appointed to ascertain the value
of the land or other property, or the interest or estate therein,
to be taken) that it would otherwise be impracticable, without
unreasonable expense, to construct such railroad, by reason of
the confirmation of the country; and except further in the case
of cities or towns or water companies acquiring property for
the purpose of constructing or maintaining a reservoir or water
works, or to prevent the pollution of waters in said reservoir
or connected with said water-works, when it is decided by the
court confirming the report of the commissioners (appointed to
ascertain the value of the land or other property, or the interest
or estate therein, to be taken) that it would otherwise be imprac-
ticable, without unreasonable expense, to construct or maintain
such reservoir or water-works, or to prevent the pollution of
said waters by reason of the conformation of the country.