Chap. 14.—An ACT to amend and re-enact section 1041-a of the Code of
Virginia, as amended by an act approved March 13, 1912, entitied an
act to amend and re-enact section 1041-a of the Code of Virginia, as
amended by an act approved March 14, 1910, entitled an act to amend
and re-enact section 1041-a of the Code of Virginia, as amended by an
act approved February 25, 1908, entitled an act to amend and re-enact
section 1041l-a of the Code of Virginia, as amended by an act approved
May 20, 1908, entitled an act to amend and re-enact chapter 44 of the
Code of Virginia, 1887, in relation to cities and towns, and to repeal
sections 1089 and 1040 of the Code of Virginia, and section 1043 of the
Code of Virginia, as amended and re-enacted by an act approved March
4, 1896, and as attempted to be repealed by an act approved March 7,
1900, entitled an act to provide for local assessmenis in cities and towns.

- (H. B. 5.)
Approved February 17, 1914.

1. Be it enacted by the general assembly of Virginia, That
section one thousand and forty-one-a of the Code of Virginia, as
amended by an act approved March thirteenth, nineteen hundred
and twelve, entitled an act to amend and re-enact section one
thousand and forty-one-a of the Code of Virginia, as amended by
an act approved March fourteenth, nineteen hundred and ten, en-
titled an act to amend and re-enact section one thousand and forty-
one-a of the Code of Virginia, as amended by an act approved
February twenty-fifth, nineteen hundred and eight, entitled an act
to amend and re-enact section one thousand forty-one-a of the Code
of Virginia, as amended by an act approved May twentieth, nine-
teen hundred and three, entitled an act to amend and re-enact
chapter forty-four of the Code of Virginia, eighteen hundred and
eighty-seven, in relation to cities and towns, and to repeal sections
one thousand and thirty-nine and one thousand and forty of the
Code of Virginia, and section one thousand and forty-three of the
Code of Virginia, as amended and re-enacted by an act approved
March fourth, eighteen hundred and’ yinety-six, and as attempted to
be repealed by an act approved Mar) seventh, nineteen hundred,
entitled an act to provide for local af .«sments in cities and towns.
be amended and re-enacted so as to read as follows:

Sec. 1041-a. Providing for local assessments to pay for certain
public improvements in cities and towns.—No city or town shall
impose any tax or assessment upon abutting landowners for street
or other public local improvements, except for making and improv-
ing the walkways upon then existing streets, and improving and
paving then existing alleys, and for either the construction, or for
the use of sewers; and the same when imposed shall not be in excess
of the peculiar benefits resulting therefrom to such abutting land-
owners. But such improvements may be ordered by the council,
and the cost thereof apportioned in pursuance of an agreement be-
tween the city or town and the abutting landowners, and, in the
absence of such an agreement, improvements, the cost of which is
to be defrayed in whole or in part by such local tax or assessment,
may be ordered on a petition from not less than three-fourths of
the landowners to be affected thereby, or by o two-thirds vote of
all the members elected to the council, but notice shall first be given
as hereinafter provided to the abutting landowners, notifying them
when and where they may appear before the council or some com-
mittee thereof, or the administrative board or other similar board
of the city or town, to whom the matter may be referred, to be
heard in favor of or against such improvements. When the coun-
cil consists of two branches, any committee acting under this or
subsequent provisions of this section shall be composed of not less
than three members from the larger and two members from the
smaller branch. The cost of such improvement, when the same
shall have been ascertained, shall be assessed or apportioned by
the council, or by some committee thereof, or by any officer or board
authorized by the council to make such assessment or apportion-
ment between the city or town and the abutting landowners where
less than the whole is assessed; provided, that except when it is
otherwise agreed, that portion assessed against the abutting land-
owners shal! not exceed one-third of the total cost; provided, how-
ever, that in cities and towns having a population by the last pre-
ceding United States census of not exceeding twelve thousand, the
amount assessed shall not exceed three-fourths of the total cost of
such improvement.

The amount assessed against each landowner, or for which he
is liable by agreement, shall be reported as soon as practicable to
the collector of taxes, who shall enter the same as provided for
other taxes. When the assessment or apportionment is not fixed
by agreement, notice thereof, and of the amount so assessed or ap-
portioned, shall be given each of the then abutting owners, and
he shall be cited thereby to appear before the council, committee,
officer or board having the matter in charge, not less than ten days
thereafter, at a time and place to be designated therein, to show
cause, if any he can, against such assessment or apportionment.
The notice required by this section may be given by personal service
en all persons entitled to such notice, except that notice to an in-
fant 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 where the
owner is a non-resident, or where the owner’s residence is not
known, such notice may be given by publication in some newspaper
published or having general circulation in the city or town once a
week for four successive weeks. Or, in any case, in lieu of such
personal service on the parties or their agents and of such publica-
tion, the notice to all parties may be given by publishing the same
in some newspaper published or having general circulation in the
city or town, once a week for two successive weeks, the last publi-
cation to be made at least ten (10) days before the parties are cited
to appear. Any landowner wishing to make objections to an assess-
ment or apportionment 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 the council, com-
mittee, or board. or the officer having the matter in charge, shall
immediately deliver to the clerk of the court which has cogniz-
ance of the appeal the original notice relating to said assessment,
with the judgment of the council, committee, officer or board, en-
dorsed thereon, and the clerk shall docket the same. Each such ap-
peal shall be tried by the court or the judge thereof, in a summary
way, without pleadings in writing and without a jury, in term
time or in vacation, after ten days’ notice to the adverse party, and
the hearing shall be de novo. The amount finally assessed against
or apportioned to each landowner, or fixed by agreement with him,
as hereinbefore provided, shall be a lien on his abutting land, from
the time when the work of improvement shall have been completed ;
subject, however, to his right of appeal and objection as afore-
said, and may be enforced by suit in equity; and provided, that
as against a purchaser for value and without notice, such assess-
ment or tax shall not be a lien except and until an abstract of such
resolution or ordinance is recorded in the judgment docket of the
clerk’s office, in which deeds conveying real estate in such city or
town are required by law to be recorded, showing the ownership
and location of the property to be affected by the proposed im-
provements, and the same indexed in the name of the city or town
and of the owner of the property, or until the resolution or ordi-
nance of the city or town, as the case may be, ordering such im-
provement, shall have been recorded in a book kept in the office of
the clerk of the council for that purpose only. and designated as
record book of resolutions and ordinances of the council ordering
public improvements at the expense of abutting owners and the
same indexed in the name of the city or town and in the name of
the owners of the property.

2. All acts or parts of acts inconsistent with this act are hereby
repealed.