Chap. 306.—An ACT to amend and re-enact sections 2, 10, 15, and 18 of an
act entitled an act concerning the exercise of the power of eminent -
domain, approved January 18th, 1904, and to amend and re-enact sections
5 and 6 of the same act, as amended and re-enacted by an act approved
March 16th, 1906. (S. B. 371.)

Approved March 25, 1914.

1. Be it enacted by ‘the general assembly of Virginia, That
sections two, ten, fifteen and eighteen of an act entitled an act con-
cerning the exercise of the power of eminent domain, approved Jan-
uary eighteenth, nineteen hundred and four, and sections five and
six of the same act, as amended and re-enacted by an act approved
March fifteenth, nineteen hundred and six, be amended and re-
enacted so as to read as follows:

Sec. 2. Jurisdiction in proceedings to condemn land or other
property shall, as to such land or other property in a city, be in
the circuit, corporation or hustings court, or the judges of said
courts in vacation, of the city, and as to any such land or interest
therein, or other property, in a county, shall be in the circuit court,
or the judge thereof in vacation, of the county wherein the land
or other property, or the greater part thereof, proposed to be con-
demned, is located.

Sec. 5. Upon complying with the reyuirements of the preceding
section, any such corporation may give ten days’ notice of its inten-
tion to apply to the proper court, or judge, as defined in section two
of this act, for the appointment of commissioners to ascertain what
will be a just compensation for the land or other property, or for
the interest or estate therein, proposed to be condemned for its uses
and to award the damages, if any, resulting to the adjacent or other
property of the owner, or to the property of any other person, be-
yond the peculiar benefits that will accrue to such properties, re-
spectively, from the construction and operation of the company’s
works, which notice shall be served on the tenant of the freehold,
or his guardian, or committee, or, if it shall appear by affidavit or
by the averment of the petition that such tenant, guardian or com-
mittee is a non-resident of this State, or if there be no such tenant,
guardian or committee within this State, or if such tenant, guar-
dian or committee cannot, with reasonable diligence, be found, or
is unknown, such notice, instead of being served, may be by order
of publication and posting, as prescribed by law. But where the
notice to the tenant, guardian or committee is so served, the notice
to other parties to whom it may concern shall be published once a
week for two successive weeks in a newspaper published in the city
or county wherein the land or property which, or an interest or
estate in which, is proposed to be condemned or damaged is located.
and by posting the same at the front door of the courthouse of said
city or county ten days previous to such application; or, if no news-
paper be published in said city or county, then such notice shall be
posted as hereinbefore prescribed, and shall be published in some
other convenient newspaper in this State, to be designated in term
. time, or in vacation, by the judge of the court to which such appli-
cation is to be made.

Sec. 6. Upon its appearing that such notice has been given;
that such company has complied with the provisions of section four
of this act, and that the land or other property, or the interest or
estate therein sought to be condemned, is wanted for the uses and
purposes of such company, or that property will be damaged, or is
likely to be damaged, by the doing of such work or making of such
improvement, though no property or estate be actually taken, the
court of the county or city, or the judge thereof in vacation, in
which the said land or other property, or a greater part thereof,
lies, shall appoint five disinterested freeholders, residing in such
county or city, any three or more of whom may act, for the purpose
of ascertaining a just compensation for such lands, or other prop-
erty, or for such interest or estate therein, and awarding the dam-
ages, if any, resulting to the adjacent or other property of the
owner, or to the property of any other person, beyond the peculiar
benefits that will accrue to such properties, respectively, from the
construction and operation of the company’s work; and in the order
appointing such commissioners the court, or judge in vacation, shall
designate the day and hour for them to meet, which order shall op-
erate as notice of such meeting to all parties in interest. Any one
or more of said commissioners attending on the land, or other
property, may adjourn from time to time, until the business shall
be finished. The said commissioners having viewed the land, or
other property, may, from time to time, adjourn to such other place
in the city or county as they may deem expedient, for the purpose
of hearing evidence and arguments and conferring about and form-
wating their report. The said commissioners shall receive three
dollars for every day they may be employed in the performance of
their duties, which shall be paid by the parties at whose instance
they are appointed, unless otherwise ordered by the court.

Sec. 10. If, however, good cause be shown against the report,
or if the commissioners report their disagreement, or if they fail
to report within a reasonable time, not to exceed ninety days, the
court, or judge in vacation, may, without further notice, as often
as seems to it, or him, proper, appoint other commissioners, and the
matter may be proceeded in as before prescribed.

Sec. 15. Instead of having commissioners appointed in the man-
ner prescribed by sections five and six of this act, any such company
may apply to the circuit court of any county, or the judge thereof
w vacation, which shall, upon it appearing that such company has
complied with the requirements of section four of this act; that
notice has been given, by publication and posting, as required by
section five of this act, and that the land, or the interest or estate
therein, and other property proposed to be taken are necessary for
the uses and purposes of such company, appoint five disinterested
freeholders, who, or any three or more of whom, shall constitute
a board to ascertain a just compensation to the owners of the several
tracts of land and other property upon the line of improvement
within the said county for such lands, or for such interests or es-
tates therein, and for such other property as is proposed to be taken
by such company for its purposes, and to assess damages, if any,
resulting to the adjacent or other property of the respective owners,
or to the property of any other person or persons beyond the pe-
culiar benefits that will accrue to such properties, respectively, from
the construction and operation of the company’s works, Vacancies
in the said board shall be filled without further notice by the court,
or judge, making the original appointment. The commissioners
shall hold their office during the pleasure of the court, or judge,
and shall receive three dollars for every day they shall be employed
in the performance of their duties, to be paid by the company mak-
ing application for their appointment.

Sec. 18. The proceedings of the commissioners appointed and
acting under the three preceding sections shall conform to the gen-
eral provisions of this act, and they shall have all the general pow-
ers conferred by this act, and they shall return their report to the
court by which, or by whose judge, they were appointed, and the
court of such county shall have like authority over it, and the pro-
ceedings thereon shall be the like in all respects as are prescribed
by sections nine, ten, eleven, twelve, thirteen and fourteen of this
act.