Chap. 135.—An ACT to amend and reenact Section 4375 of the Code of Virginia
relating to appointment of commissioners in certain condemnation proceedings
their duties and pay. {[S 7]

Approved March 6, 1948

Be it enacted by the General Assembly of Virginia:

1. That section forty-three hundred seventy-five of the Code
of Virginia be amended and reenacted as follows:

Section 4375. Manner in which commissioners may be appoint-
ed; number; duties, vacancies, term of office, compensation, et
cetera.—Instead of having commissioners appointed in each sep-
arate case in the manner prescribed by sections forty-three hundred
and sixty-five and forty-three hundred and sixty-six, any such
company may apply to the circuit court of any county, or the judge
thereof in vacation, which shall, upon it appearing that such com-
pany has complied with the requirements of sections forty-three
hundred and sixty-three and forty-three hundred and sixty-four;
that notice has been given, by publication and posting, as required
by section forty-three hundred and sixty-five, 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
whon, 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 county for such lands, or for
such interests or estates 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 peculiar benefits that will accrue to such
properties, respectively, from the construction and operation of the
company’s works. Vacancies in the board shall be filled without
further notice by the court, or judge, making the original appoint-
ment. The commissioners shall hold their office during the pleasure
of the court, or judge, and shall for every day or fraction thereof
they may be employed in the performance of their duties receive
compensation in an amount to be fixed by the court at not more
than ten dollars, to be paid by the company making application for
their appointment.