CHAPTER 565

An Act to amend and reenact §§ 83-142, 88-144, 38-146, 33-148, 88-149,
83-150, 83-151, 88-158 and 88-154 of the Code of Virginia, relating to
roads and bridges established in counties, duty of viewers, procedure
on viewers’ report, commissioners to assess damages, enhancement in
value of residue, action of commissioners, payment of costs, com-
pensation and damages and where road not to be located. H 647]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That §§ 33-142, 33-144, 38-146, 33-148, 38-149, 33-150, 33-151, 33-153
and 33-154 of the Code of Virginia be amended and reenacted as follows:

§ 33-142. Whenever the board of supervisors or other governing
body of any county shall be of opinion that it is necessary to establish or
alter the location of a public road * or bridge or any other person applies
to the board or other governing body therefor it may appoint five viewers,
who shall be resident freeholders of the county, any three of whom may
act, to examine such roads or routes and report upon the expediency of
establishing or altering the location of such public road * or bridge or,
in lieu of such viewers, it may direct the county road engineer or county
road manager, if any, to examine such road or route and make such report
and such board may establish or alter such road * or bridge upon such
location and of such width and grade as it may prescribe; provided, that
the right of way for any public road shall not be less than thirty feet
wide, except that in any case in which the cost of constructing and main-
taining any such road is to be borne by any individual or individuals the
right of way for such road may be less than thirty, not less than fifteen,
feet in width. If no one of the viewers be an engineer, appointed for the
purpose of making survey and map, the board of supervisors or other
governing body may employ one, if necessary, to assist the viewers.

§ 33-144. The viewers, or the county road engineer or county road
manager, as the case may be, shall, as early as practicable after receiving
the order of the board of other governing body to that effect, proceed to
make the view, and may examine other routes and locations than that
proposed and if of opinion that there is a necessity to establish or alter
the location of the public road * or bridge shall locate the same, return
a map or diagram thereof with their report, and make a report to the
board or other governing body, stating:

(1) Their reasons for preferring the location made,

(2) The probable cost of establishing or altering the location of such
road * or bridge,

3) The convenience and inconvenience that will result as well to
individuals as to the public,

(4) Whether the road * or bridge will be one of such mere private
convenience as to make it proper that it should be opened, established or
altered and kept in order by the person or persons for whose convenience
it is desired,

(5) Whether any yard, garden or orchard will have to be taken,

(6) The names of the landowners on such route,

(7) Which of such landowners require compensation,

(8) What will be a just compensation to the landowners requiring
compensation for the land so taken and for the damages to the residue
of the tract, if any, beyond the peculiar benefits to be derived in respect
to such residue, from the road * or bridge to be established, and

(9) All other facts and circumstances in their opinion useful in en-
abling the board of supervisors or other governing body to determine the
expediency of establishing or altering the road * or bridge.

They shall file such report with the clerk of the Board or other
governing body.

§ 33-146. At the next meeting of the board of supervisors or other
governing body after receipt of such report, unless the opinion of the
board or other governing body be against establishing or altering the
road or bridge, * they shall require their clerk to issue process to summon
the proprietors and tenants of the land on which it is proposed to establish
or alter such road or bridge * to show cause against the same. The
summons shall be directed, executed and returned as a summons may be
in other cases, except that it may be personally served in the county on
an agent or tenant of any proprietor not within the same and such service
shall be equivalent to service on such proprietor. And if any proprietor
resides out of this State and be not within the county, or have no agent
or tenant known to the board of supervisors or other governing body or
its clerk residing therein, or if the true owners or proprietors of the lands,
or any part thereof, be not known to the clerk or board or other governing
body, the clerk or board or other governing body may order notice to all
whom it may concern to be published for four successive weeks in some
newspaper having general circulation in the county or posted at the front
door of the courthouse of the county on some court day, to appear and
show cause against establishing or altering the road or bridge *, as the
case may be. The cost of such publication shall be paid by the county.

§ 33-148. Upon the return of the process duly executed, defense
may be made to the proceedings by any party, and the board of supervisors
or other governing body may hear testimony touching the expediency or
propriety of establishing or altering the road or bridge * . Upon such hear-
ing, unless the board of supervisors or other governing body be of opinion
that the road or bridge * ought not to be established or altered, in which
case it shall so order, it shall proceed to fix upon a just compensation to the
proprietors and tenants for the land proposed to be taken and the damage
accruing therefrom.

§ 33-149. If any tenant or proprietor desire, or if the board of su-
pervisors or other governing body see cause for doing it, it shall appoint
five disinterested resident freeholders of the county as commissioners, any
three of whom may act, for the purpose of ascertaining a just compensation
for the land to be taken for such road or bridge * and damages, if any, to
the residue, beyond the benefits to be derived by such residue, from such
road or bridge *.

§ 33-150. The enhancement, if any, in value of the residue by reason
of the establishment or alteration of such road or bridge * shall be offset
against the damage to the residue, but there shall be no recovery over
against such landowner for any excess nor shall enhancement be offset
against the value of land taken.

§ 33-151. The commissioners shall meet on the lands of such pro-
prietors and tenants as may be named in the order of the board of super-
visors or other governing body at a certain place and day therein also
specified, of which notice shall be given by the sheriff to such proprietors
and tenants or their agents, except only that it need not be given to one
present at the time of making the order. Any one or more of the commis-
sioners attending on the land as aforesaid may adjourn, from time to time,
till the business shall be finished. The commissioners, in the discharge of
their duties, shall comply in all respects with the provisions of chap 1
of Title 25 so far as applicable. They shall forthwith make return of their
report and the certificate required by § 25-16 to the board of supervisors
or other governing body and, unless good cause be shown against the re-
port, it shall be confirmed. If, however, good cause be shown against the
report of the commissioners report their disagreement, or fail to report
within a reasonable time, the board of supervisors or other governing body,
as often as it seems proper, may appoint other commissioners for the pur-
pose of ascertaining the compensation and damages as aforesaid. When
any report is confirmed, the board of supervisors or other governing body
shall establish or alter the road or bridge * with or without gates, as to it
may seem proper, and provide for the payment of the compensation and
damages allowed.

§ 33-158. When the road or bridge * is established or altered the
county shall be chargeable with the compensation and damages to the
proprietor or tenant and all costs incurred in the proceedings; provided,
however, that when the record shows that the sum allowed by the circuit
court on appeal, as compensation and damages to any proprietor or tenant,
is not more than the amount allowed him by the board of supervisors or
other governing body from whose decision the appeal was taken, such
proprietor or tenant shall be adjudged to pay the costs occasioned by such
appeal. When the board of supervisors or other governing body decides
against the application to establish or alter a road or bridge *, the appli-
cant shall pay the costs incurred in the case, except the compensation of
the viewers.

But when it shall appear to the board of supervisors or other govern-
ing body that the opening and establishing or altering of such road will be
for mere private convenience then the board of supervisors or other gov-
erning body may order the same upon condition that such applicant pay,
in whole or in part, the compensation and damages to the proprietor or
tenant and the costs of the proceedings and keep the road in order. In any
such case the road shall not be opened and established or altered until such
compensation and damages and costs shall have been first paid or the
written consent of the proprietor or tenant given.

§ 33-154. * No road * shall be established upon or through the lands
of any cemetery or through the lands of any seminary of learning without
the consent of the owners thereof.