CHAPTER 384

An Act to amend the Code of Virginia by adding thereto a section
numbered 15-668.1, authorizing certain counties to enter upon and
take possession of certain property for certain purposes prior to
condemnation and to provide for the compensation of One 3)

58

Approved April 2, 1954

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
15-668.1 as follows:

§ 15-668.1. (a) In addition to the exercise of the power of eminent
domain, as provided hereinabove, every county having a density of popula-
tion of more than two thousand persons per square mile which now has
or may hereafter be given such power is authorized to enter upon and
take possession of such property and rights of way, for the purposes set
out in subsection (1) of § 15-6, as the governing body thereof may deem
necessary and proceed with the construction of such project.

(b) No property shall be entered upon and taken by any such
county under condemnation proceedings unless, prior to entering upon
and taking possession of such property or right of way, the governing
body of such county notifies the owners of such property and rights of
way by registered mail, that it intends to enter upon and take the same.
Upon the passage of a resolution or ordinance providing for any such
taking, such notice shall be sent forthwith on a date to be specified in such
ordinance or resolution and the property owners affected shall have thirty
days within which to contest the taking in such fashion.

(c) Within sixty days after the completion of such project, if the
county and the owners of such lands are unable to agree as to compensa-
tion and damages, if any, caused thereby, the county shall institute con-
demnation proceedings, as provided in this article; and the amount of
such compensation and damages, if any, awarded to the owner in such
proceeding shall be paid by such county. The county shall pay to the land
owner or into court or to the clerk thereof, for his benefit such sum as the
governing body thereof estimates to be the fair value of the land taken
and damage done, before entering upon such land for construction pur-
poses, 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 governing body of the county be condemned after the construction
of the project, as well as prior thereto, and to direct the fund out of
which the judgment of the court in condemnation proceedings shall be
paid, except that no property of any public service corporation, except
lands required for drains, sewers or public ducts, shall be condemned
except in accordance with §§ 15-749 to 15-754 and 25-233. But the author-
ities constructing such project under the authority of this section, shall
use diligence to protect growing crops and 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 condemnation is resorted to.

(d) Any owner of property or rights of way sought to be taken by
any such county by entry upon and taking possession thereof, shall be
given notice as provided in paragraph (b) of this section and shall have
thirty days within which to contest the manner of such taking. Any such
property owner desiring so to do may institute a proceeding in the circuit
court of the county, wherein the condemnation proceedings are to be
instituted, to determine whether or not such taking is of an emergency
nature such as to justify resort to entry upon the land prior to an agree-
ment between the county and the property owner as to compensation and
damages to be paid therefor. Any other property owner affected may
intervene. The members of the governing body of the county shall be
served with notice as provided by law and shall be made parties defendant.
Upon the bringing of any such proceeding the same shall be placed upon
the privileged docket of the court and shall take precedence over all other
civil matters pending therein and shall be speedily heard and disposed
of. The issue in any such proceeding shall be whether or not the circum-
stances are such as to justify an entry upon and taking possession by the
county of the property involved prior to an agreement upon compensation
and damages therefor. If the court be of the opinion that no such emerg-
ency exists, and that such manner of taking would work an undue hard-
ship upon any such owner, it shall enter an order requiring the county
to proceed by methods of condemnation providing for the ascertainment
of compensation and damages for property to be taken prior to such
taking, if the county deems it necessary to proceed with the project for
which the property is sought.