Chap. 10.—An ACT to amend and re-enact Section 4385 of the Code of Virginia,
relating to the condemnation of property in certain cases. [S B 44]

Approved February 18, 1938

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

Section 4385. Right of Condemnation by State Agencies and
Institutions, Local Boards, et cetera—If the State Highway Com-
mission or the board of supervisors or other governing body of any
county, for the purpose of opening, constructing, repairing or main-
taining a road or any other public purpose authorized by law, or the
council of any city or town, the trustees of any school district, the
institution for the deaf and blind. any of the State hospitals, the
University of Virginia, the Virginia Military Institute, the Medical
College of Virginia, or any other State institution, cannot, because
of the incapacity of the owner or inability to agree upon a price or
terms, or because the owner cannot with reasonable diligence be found
in this State or is unknown, agree on terms of purchase with those
entitled to any land, buildings, structures, sand, earth, gravel, water
or other material necessary to be taken and used for the purposes of
the State Highway Commission, or such county, city, town, or school
district, or for any or all purposes of the institution for the deaf and
blind, such State hospitals, the University of Virginia, the Virginia
Military Institute, the Medical College of Virginia, or of any other
State institution, it may acquire title to such land or any easement
thereover, and title to such sand, earth, gravel, water or other ma-
terial aforesaid by condemnation under the provisions of this chapter,
and the proceedings in all such cases shall be according to the provisions
of this chapter, so far as they can be applied to the same. In all
cases where roads are constructed with State aid, either in the form
of convict labor or money, together with county or district funds,
the location of such roads shall be first approved by the local road
authorities of such county. Wherever the word “company” is used
in this chapter it shall be construed to mean the “State Highway
Commission” or “board of supervisors” in cases in which the State
Highway Commission or boards of supervisors may, under the pro-
visions hereof, exercise the right of eminent domain.

Cities and towns may also, upon compliance with the provisions
of this chapter so far as applicable, acquire by condemnation such
lands or rights of way as may be necessary for providing water sheds
for the use of such cities or towns, and for the necessary lands or
rights for laying water pipes from or through the same.

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