Chap. 326.—An ACT to amend and re-enact section 4387 of the Code of Virginia,
relating to the vacating of the appointment of commissioners, the appointment
of other commissioners, the payment of amounts awarded, and the dismissal
of the proceedings on motion of either party, with costs and attorneys fees
against the condemning party, in proceedings instituted for the purpose of
exercising the right of eminent domain. [H B 223]

Approved March 29, 1934

1. Be it enacted by the General Assembly of Virginia, That sec-
tion forty-three hundred and eighty-seven of the Code of Virginia be
amended and re-enacted so as to read as follows:

Section 4387. When appointment of commissions to be vacated ;
when reported vacated; when proceedings to be dismissed—If, in any
proceeding under the provisions of this chapter, the commissioners shall
fail to report as hereinbefore provided within one year from the date
of the order appointing them, such appointment shall ipso facto be
vacated, and proceedings shall thereafter be had de novo for the ap-
pointment of other commissioners, but this section shall not be so
construed as to preclude the appointment of any one or more, or all,
of the former commissioners. If, in any such proceeding, the amount
or amounts ascertained by the commissioners as aforesaid be not paid
either to the party entitled thereto, or into court, within three months
from the date of the filing of the report of the commissioners, the
proceedings shall, on motion of the party condemning or of any de-
fendant, be vacated and dismissed as to him, but not otherwise; but
if such proceedings be dismissed on the motion of either party, judg-
ment shall be entered against the condemning party for all costs and
a reasonable attorney’s fee actually incurred by any defendant. Pro-
vided this section shall not apply to any condemnation proceedings here-
tofore instituted.

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