CHAPTER 521

An Act to amend and reenact §§ 15.1-246 and 15.1-247 of the Code of
Virginia, relating to appeals by abutting landowners; lien of assess-
ments and how such liens are enforced and against whom such liens
may be enforced.
Be it enacted by the General Assembly of Virginia:

1. That 8§ 15.1-246 and 15.1-247 of the Code of Virginia be amended
and reenacted as follows:

§ 15.1-246. Such appeal shall be tried by the court or the judge
thereof, in a summary way, without pleadings in writing and without a
jury, in term time or in vacation, after ten days’ notice to the adverse
party, and the hearing shall be de novo. The amount finally assessed
against or apportioned to each landowner, or fixed by agreement with
him, as hereinbefore provided, shall be a lien enforceable in equity on his
abutting land, from the time when the work of improvement shall have
been completed; subject, however, to his right of appeal and objections
as aforesaid. * Such lien shall be enforceable against any person deemed
to have had notice of the proposed assessment under § 15.1-247, but tf no
abstract of the resolution or ordinance authorizing the improvement is
docketed as provided in § 15.1-247, such lien shall be void as to all pur-
chasers for valuable consideration without notice and lien creditors until
and except from the time it is duly admitted to record in the county or
corporation wherein the land is situated. In counties the board of super-
visors may in its discretion cause the payment of the amount finally
assessed or apportioned against each landowner or fixed by agreement
with him to be divided into two or more, but not exceeding ten, semi-
annual installments, bearing interest at the rate of six per centum per
annum; and provided * that in cities the council, in its discretion, may
cause the payment of the amount finally assessed or apportioned against
each landowner, or fixed by agreement with him, for improving walkways
upon streets or for improving and paving alleys to be made in such
manner divided into such installments as shall be determined by the
council, bearing interest at such rate as shall be fixed by the council.

§ 15.1-247. When any improvement is authorized for which assess-
ments may be made against the abutting landowners, the council or board
of supervisors of the city, town or county may, before the amount to be
finally assessed against or apportioned to each landowner or fixed by
agreement is determined, cause to be recorded in the judgment docket of
the clerk’s office in which deeds conveying real estate in such city, town
or county are required by law to be recorded, an abstract of the resolu-
tion or ordinance authorizing such improvement showing the ownership
and location of the property to be affected by the proposed improvement
and the estimated amount that will be assessed against or apportioned tc
each landowner or fixed by agreement with him and the same shall be
indexed in the name of the owner of the property.

After the completion of the improvement, the estimated amount shal
be amended to show the amount finally assessed against or apportionec
to each landowner or fixed by agreement with him, which final amount
shall in no event exceed the estimated amount. From the time of thi
docketing of such abstract, any purchaser of, or creditor acquiring a lies
on, any of the property described therein shall be deemed to have hax
notice of the proposed assessment.