An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Law Body
CHAPTER 382
An Act to amend the Code of Virginia by adding a section numbered
15-668.2, so as to authorize certain counties to take possession of
property prior to condemnation. [H 277]
Approved March 29, 1958
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia be amended by adding a section numbered
15-668.2 as follows:
§ 15-668.2. (a) In addition to the exercise of the power of eminent
domain, as provided hereinabove, and subject to the provisions of this
section, every county having a population of more than thirty-nine thou-
sand nine hundred but less than forty-one thousand and every county
having a population of more than fifty-six thousand four hundred but less
than sixty-five thousand 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, or § 25-232, and for the acquisition of necessary land for the
construction of drainage facilities, water supply and sewage disposal sys-
tems and roads and facilities related thereto, 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 setting
forth the compensation and damages offered by the county to each property
owner 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) At any time after the giving of such notice, upon the filing of an
application by the landowner to such effect in the court having jurisdiction
and in any event within sixty days after the completion of such project, if
the county and the owners of such land are unable to agree as to compensa-
tion and damages, if any, caused thereby, the county shall institute condem-
nation proceedings, as provided in this article; and the amount of such
compensation and damages, if any, awarded to the owner in such pro-
ceeding 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 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 be condemned after the construc-
tion 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 shall be
condemned except in accordance with §§ 15-749 to 15-754 and 25-233. But
the authorities constructing such project under the authority of this sec-
tion, shall use diligence to protect growing crops and pastures and to pre-
vent 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 circumstances
are such as to justify an entry upon and taking possession by the county
of the property involved prior to an agreement or award upon compensation
and damages therefor. If the court be of the opinion that no such emergency
exists, and that such manner of taking would work an undue hardship
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.
2. An emergency exists and this act is in force from its passage.