Chap. 313.—An ACT to amend and re-enact sections 3067, 3070 and 3071 of the
Code of Virginia, relating to assessments for local improvements. [H B 381]

Approved March 21, 1928

1. Be it enacted by the general assembly of Virginia, That sections
three thousand and sixty-seven, three thousand and seventy and three
thousand and seventy-one of the Code of Virginia, be amended and
re-enacted so as to read as follows: }

Section 3067. Except in cities and towns, and in counties having a
population greater than five hundred inhabitants per square mile as
shown by the United States census, no taxes or assessments, for
local improvements, shall be imposed on abutting land owners; and
no city or town, and no such county as is above mentioned, shall impose
any tax or assessment upon abutting landowners for street or other
public local improvements, except for making and improving the walk-
ways upon then existing streets, and improving and paving then exist-
ing 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 bene-
fits resulting therefrom to such abutting landowners. But such im-
provements may be ordered by the council, or board of supervisors,
as the case may be, and the cost thereof apportioned in pursuance of
an agreement between the city, town or county, and the abutting land-
owners, 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
assessment, may in cities and towns be ordered on a petition from not
less than three-fourths of the landowners to be affected thereby, or in
counties on a petition from not less than sixty per centum of the land-
owners to be affected thereby or by a two-thirds vote of all the mem-
bers elected to the council, or board of supervisors, as the case may
be, but notice shall first be given as hereinafter provided to the abut-
ting landowners, notifying them when and where they may appear
before the council or board or some committee thereof, or the adminis-
trative board or other similar board of the city or town or county to
whom the matter may be referred, to be heard in favor of or against
such improvements. When the council consists of two branches, any
committee acting under this or the three succeeding sections 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 appor-
tioned by the council or board, or by some committee thereof, or by
any officer or board authorized by the council to make such assessment
Or apportionment between the city or town, or the county, and the
abutting landowners where less than the whole is assessed, provided,
that in cities and towns, except when it is otherwise agreed, that por-
tion assessed against the abutting Jandowners shall not exceed one-
third of the total cost; but in cities and towns having a population by
the last preceding United States census of not exceeding twelve thou-
sand, the amount assessed shall not exceed three-fourths of the total
cost of such improvement.

Section 3070. 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 county or
town, to the circuit court, in whose jurisdiction the county or town is
situated. When an appeal is taken, the clerk of the council, commit-
tee, or board, or the officer having the matter in charge, shall imme-
diately deliver to the clerk of the court which has cognizance of the
appeal the original notice relating to said assessment, with the judg-
ment of the council, committee, officer or board, endorsed thereon, and
the clerk shall docket the same.

Section 3071. Such appeal 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 irnprovement shall have been completed;
subject, however, to his right of appeal and objections as aforesaid,
and may be enforced by suit in equity; and provided, that as against
a purchaser for value and without notice, such assessment or tax shall
not be a lien except and until an abstract of such resolution or ordi-
nance is recorded in the judgment docket of the clerk’s office, in which
deeds conveying real estate in such city, town or county are required
by law to be recorded, showing the ownership and location of the
property to be affected by the proposed improvements, and the same
indexed in the name of the city, town or county, and of the owner of
the property ; and provided further, that in counties the board of super-
visors may in its discretion cause the amount finally assessed or appor-
tioned against each landowner or fixed by agreement with him to be
divided into two or more, but not exceeding ten semi-annual install-
ments, bearing interest at the rate of six per centum per annum.