Chap. 377.—An ACT to amend and re-enact section 10 of an act entitled an. act
to create a State Highway Commission; to provide for a chairman thereof.
and to prescribe the powers, duties and the compensation of the commission
and chairman; and to provide for a State Highway Commissioner; to create
road construction districts; to provide for the apportionment among them of
road construction funds, and to provide for road construction, improvement.
maintenance and preservation, also to repeal sections 1962, 1963, 1964, 1965.
1966, 1967, 1968, 1969, 1974 and 1975, of the Code of Virginia, and to repeal
an act entitled an act to amend and re-enact an act entitled an act to es-
tablish a State Highway Commission; to define its powers and duties; the
term of office, salary and qualifications of the commissioner; to authorize the
commission to call into consultation the professors of engineering in certain
State institutions, and appropriating money to carry the provisions of this
act into effect, approved March 6, 1906; to provide for the appointment of
a commission, and fixing their term of office; to give to said commission the
power of eminent domain, the power to make and enforce rules and regula-
tions governing the traffic and use of the State highway system, not in con-
flict with the laws of this State, and to prescribe penalties for the violation of
such rules and regulations, approved September 5, 1919, and to repeal all
other sections of the Code and acts or parts of acts inconsistent with this
act, approved March 24, 1922, as heretofore amended. [S B 297]

Approved March 29, 1934

1. Be it enacted by the General Assembly of Virginia, That section
ten of an act entitled an act to create a State Highway Commission;
to provide for a chairman thereof; and to prescribe the powers, du-
ties and the compensation of the commission and chairman: and to
provide for a State Highway Commissioner; to create road construc-
tion districts; to provide for the apportionment among them of road
construction funds, and to provide for road construction, improve-
ment, maintenance and preservation, also to repeal sections nineteen
hundred and sixty-two, nineteen hundred and sixty-three, nineteen hun-
dred and sixty-four, nineteen hundred and sixty-five, nineteen hun-
dred and sixty-six, nineteen hundred and sixty-seven, nineteen hun-
dred and sixty-eight, nineteen hundred and sixty-nine, nineteen hun-
dred and seventy-four and nineteen hundred and seventy-five of the
Code of Virginia, and to repeal an act entitled an act to amend and
re-enact an act entitled an act to establish a State Highway Com-
mission ; to define its powers and duties; the term of office, salary and
qualifications of the commissioner; to authorize the commission to
call into consultation the professors of engineering in certain State
institutions, appropriating money to carry the provisions of this act
into effect, approved March sixth, nineteen hundred and six; to pro-
vide for the appointment of a commission, and fixing their term
of office; to give to said commission the power of eminent domain,
the power to make and enforce rules and regulations governing the
traffic and use of the State highway system, not in conflict with the
laws of this State, and to prescribe penalties for the violation of such
rules and regulations, approved September fifth, nineteen hundred
and nineteen, and to repeal all other sections of the Code and acts or
parts of acts inconsistent with this act, approved March twenty-fourth,

jneteen hundred and twenty-two, as heretofore amended, be amended
ind re-enacted so as to read as follows: ,

Section 10. Eminent domain. The State Highway Commissioner
s hereby vested with the power of eminent domain in so far as may
ye necessary for the construction, reconstruction, alteration, mainten-
ince and repair of the roads embraced in the State highway system,
nd for these purposes and all other purposes incidental thereto, may
-ondemn property in fee simple and rights-of-way of such width and
yn such routes and grades and locations as by said commission may
ye deemed requisite and suitable; and lands, quarries, and locations,
with rights of ingress and egress, containing gravel, clay, sand, stone,
rock, timber, and any other road materials deemed useful or neces-
sary in carrying out the purposes aforesaid.

Proceedings for condemnation hereunder shall be instituted and
conducted in the name of “State Highway Commissioner,” and the
procedure shall, except snsofar as altered hereby be mutatis mutandis
the same as is prescribed by law for railroad corporations, and the
rights of all persons affected shall be subject to the general laws
of this State, insofar as the same may be applicable under the general
purposes of this act, and except as hereby altered or modified.

The proceedings for condemnation shall be by petition to the cir-
cuit court of the county in which the land, property and rights or
the major portion thereof sought to be acquired are located, or to the
judge of such court in vacation, which petition shall set forth with
reasonable particularity a description and designation of the interests,
right and property intended to be taken, the name or names of the
landowners whose property is to be taken or affected, and such other
facts, if any, as may be deemed necessary by the commissioner, tc
give full information to the court and all persons in interest, and shall
be certified by oath of the commissioner or by his duly authorizec
agent or attorney.

Upon the return of the report of the commissioners or viewers
appointed in such proceedings the sum ascertained thereby as com-
pensation and damages, if any, to the property owners, may be paic
to the person or persons entitled thereto, or for them into court 01
to the clerk thereof, upon which title to the property and rights con
demned shall vest in the Commonwealth of Virginia in fee simple
or to stich extent as may be prayed for in petition, and the commis:
sioner shall have the right to enter upon such construction upon 01
use of the property and rights condemned as may be authorized by
said report, provided the right of appeal from or review ot said repor
‘on exception thereto is hereby given to the property owner, Of to thi
commissioner, to the circuit court, on the question only of damage
‘or compensation.

The commissioner, however, without the institution of condemna
tion proceedings, may take from the most convenient lands so mucl
wood, stone, gravel, earth or other material as may be necessary to b
used in the construction, reconstruction and maintenance of any o
the roads and bridges embraced in the State highway system. If the
owner or tenant of any such land shall deem himself injured thereby anc
the commissioner or his agent can agree with such owner or tenant
as to the amount of compensation or damage, he shall pay said amount
to the owner or tenant, as the case may be, but if an agreement can-
not be reached, then a justice of the peace in the county wherein the
land is situated shall, upon application to him by said owner or tenant,
issue a warrant to three freeholders of said county, requiring them
to view the said land and ascertain and report what is a just com-
pensation and damage, if any, to such owner or tenant for such tak-
ing, provided such warrant may not issue more than six months after
such materials have been taken by the commissioner. The said free-
holders, after being sworn, shall ascertain such compensation or dam-
age, if any, and report the same to the commissioner or his duly author-
ized agent. The commissioner may thereupon allow the full amount
so agreed upon or reported by said freeholders, or so much thereof
as to him may seem reasonable, subject to the right of such owner or
tenant to appeal to the circuit court of the county wherein the land
lies, as in other cases, but no such appeal shall be taken more than
three months after such owner or tenant has been notified of the
action of the commissioner on the report of the freeholders.

In addition to the exercise of the power of eminent domain, as
provided by the preceding part of section ten of this act, the com-
missioner is hereby authorized to enter upon and take possession of
such property and rights of way for the purposes set out in section
ten of this act, as the commissioner may deem necessary, and proceed
with the construction of such highway. Within sixty days after the
completion of the construction of such highway, if the commissioner
and the owner or owners of such lands are unable to agree as to
compensation and damages, if any, caused thereby, the said commis-
sioner shall institute condemnation proceedings, as hereinbefore pro-
vided; and the amount of such compensation and damages, if any,
awarded to the owner in such proceedings shall be paid out of the
State highway fund, the said commissioner to pay to the landowner
or into court, or to the clerk thereof, for his benefit such sum as he
shall estimate to be the fair value of the land taken and damage done,
before entering upon such land for construction purposes, provided
such payment shall in no wise limit the amount to be allowed under
proper proceedings. It is the intention of this section to provide
that such property and rights of way may, in the discretion of the
commissioner, be condemned after the construction of the highway,
as well as prior thereto, and to direct the fund out of which the
judgment of the court in condemnation proceedings shall be paid, and
to provide that in all other respects the provisions of this section of
this act shall apply, whether the property and rights of way are con-
demned before or after the construction of the highway, but the
authorities constructing such highway under the authority of this
paragraph, shall use diligence to protect growing crops, pastures. and

to prevent damage to any property not taken. So far as possible, all
rights of way shall be acquired or contracted for, before any route
is definitely located.

In all cases under the provisions of this section, the enhancement,
if any, in value of the remaining property of the landowner by reason
of the construction or improvement contemplated or made by the
commissioner, shall be offset against the damage, if any, resulting to
such remaining property of such landowner by reason of such con-
struction or improvement, provided such enhancement in value shall
not be offset against the value of the property taken; and provided,
further, that if such enhancement in value shall exceed the damage,
there shall be no recovery over against the landowner for such excess.

A certificate issued by the State Highway Commissioner and coun-
tersigned by the Treasurer of Virginia, stating that any sum or sums
of money designated therein will be paid pursuant to the order of
any court or courts wherein condemnation proceedings under the pro-
visions of this act are pending, when filed with the said court or
courts, shall be deemed and held for the purpose of this act to be
payment into the custody of such court or courts. Payments against
any such certificate so issued and countersigned, when ordered by
the court or courts named therein, shall be paid by the Treasurer on
warrants of the Comptroller, issued on vouchers signed by the State
Highway Commissioner. A duplicate of each such certificate so
issued and countersigned shall be kept as a record in the office of the
State Highway Commissioner and a copy thereof shall be filed with
the Treasurer of Virginia.