Chap. 233.—An ACT to amend Chapter 34, Acts of Assembly of 1918, approved
February 7, 1918, as amended, which provided a charter and special form of
government for the city of Norfolk by adding a new section numbered 136-a,
to empower the City of Norfolk to acquire title to property or any interest or
estate therein by condemnation proceedings upon the deposit in the court
having jurisdiction, in a lump sum, the total dnd necessary to Somerges
owners thereof for such property to be acquired or damaged. [H 340]

Approved March 13, 1948

Be it enacted by the General Assembly of Virginia:

1. That chapter thirty-four, Acts of Assembly of nineteen hun-
dred eighteen, approved February seven, nineteen hundred eighteen, |
as amended, which provided a charter and special form of govern-
ment for the city of Norfolk, be and the same is hereby amended
by adding thereto a new section numbered one hundred thirty-
six-a, as follows:

Section 136-a. In addition to the other powers conferred by
law the city may, in exercising the right of eminent domain, make
use of the procedure prescribed by the general law or may elect to
proceed as hereinafter provided. In the latter event the ordinance
directing acquisition of any property shall provide therein in a
lump sum the total funds necessary to compensate the owners
thereof for the property to be acquired or damaged. Upon the adop-
tion of such ordinance the city may file a petition in the clerk’s
office of a court having jurisdiction, which shall be signed by the
city manager and set forth the interest or estate to be taken in the
property and the uses and purposes for which the property or the
interest or estate therein is wanted; or when property is not to be
taken but is likely to be damaged, the necessity for the work or
improvement which will cause or is likely to cause such damage.
There shall also be filed with the petition a plat of a survey of the
property with a profile showing cuts and fills, trestles and bridges,
if any, and a description of the property which, or an interest or
estate in which, is sought to be taken or likely to be damaged and
a memorandum showing names and residences of the owners and
tenants of the property, if known, and showing also the quantity
of property which, or an interest or estate in which, is sought to
be taken or which will be or is likely to be damaged. There shall
be filed also with the petition a notice thereof directed to the owners
and tenants of the property, if known, copies of which shall be
served on such owners as well as on the tenants of such property,
if known. If any such person be unknown or a nonresident of the
State or cannot with reasonable diligence be found in the State, or
if his residence be unknown, he may be proceeded against by
order of publication published once a week for two successive
weeks in a daily newspaper published in the city of Norfolk, and
shall be posted at a main entrance to the courthouse.

Upon the filing of the petition and the funds provided by the
council for the purpose having been duly deposited to the credit
of court, if the court is of the opinion that the property or interest
or estate therein to be acquired is for the uses and purposes of the
city as provided by law, it shall order that the interest or estate
of the owner of such property shall terminate and the title to such
property or the interest or estate to be taken in such property shall
be vested absolutely in the city and such owner shall have such
interest or estate in the funds so deposited as he had in the property
taken or damaged and all liens by deed of trust, judgment or other-
wise upon said property or estate shall be transferred to such
funds and the city shall have the right to enter upon and take
possession of such property for its uses and purposes and to con-
struct its works or improvements. The clerk of the court in which
such proceeding is instituted shall make and certify a copy of the
order and deliver.or transmit the same to the clerk of the court
in which deeds are admitted to record, who shall record the same
in his deed book and index it in the name of the record title owner
of such property and in the name of the city, for which he shall
receive the fees prescribed for recording a deed, which shall be
paid by the city.

If the city and the owner of property so taken or damaged agree
upon compensation therefor, upon filing such agreement in writing
in the clerk’s office of such court the court or judge thereof in
vacation shall make such distribution of such funds as to it may
seem right, having due regard to the interest of all persons therein
whether such interest be vested, contingent or otherwise, and to
enable the court or judge to make a proper distribution of such
money it may in its discretion direct inquiries to be taken by a
special commissioner in order to ascertain what persons are entitled
to such funds and in what proportions and may direct what notice
shall be given of the making such inquiries by such special commis-
sioner.

If the city and the owner cannot agree upon the compensation
for the property taken or damaged, if any, upon the filing of a
memorandum in the clerk’s office of said court to that effect, signed
by either the city or the owner, the court shall appoint commission-
ers provided for in section forty-three hundred sixty-six of the
Code of Virginia, and all proceedings thereafter shall be had as
provided in section forty-three hundred sixty-six through forty-
three hundred eighty-one of the Code of Virginia in so far as they
are then applicable and not inconsistent with the provisions of this
section, and the court shall order the deposit in bank to the credit of
the court of such additional funds as appear to be necessary to
cover the award of the commissioners or shall order the return to
the city of such funds deposited that are not necessary to compen-
sate such owners for property taken or damaged. The commis-
sioners so appointed shall not consider improvements placed upon.
the property by the city subsequent to its taking nor the value
thereof nor the enhancement of the value of the property by such
improvements in making their award. Provided, however, that the
provisions of section thirty-eight hundred thirty-two of the Code
of Virginia, as now or hereafter in effect, shall apply to any
property belonging to any corporation possessing the power of
eminent domain that may be taken hereunder.

Provided, however, that nothing herein contained shall give
the said city the authority to acquire by condemnation property
belonging to another city or county.

2. An emergency exists and this act is in force from its passage.