CHAPTER 69

An Act to amend and reenact § 2-c of Chapter 64 of the Acts of Assembly
of 1922, which provided a charter for the city of Suffolk, the section
relating to the acquisition by the city of title to property or interests
in real estate by condemnation proceedings under certain circum-
stances.

[H 233]
Approved February 21, 1964

Be it enacted by the General Assembly of Virginia:

1. That § 2-c of Chapter 64 of the Acts of Assembly of 1922 be amended
and reenacted as follows:

§ 2-c. 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 pro-
vided. In the latter event the ordinance directing acquisition of any prop-
erty shall provide therein in a lump sum the total funds necessary to com-
pensate the owners thereof for the property to be acquired or damaged.
Upon the adoption 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 a2 memorandum showing names and residences of the owners and
tenants of the property, if known, and showing also the quantity of prop-
erty 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 or having general circulation in the city of
Suffolk, 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 otherwise upon said property or estate shall be transferred to such funds
and the city shall have the right to enter upon and take possession cf such
property for its uses and purposes and to construct its works or improve-
ments. 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, and where
such land is located partly within and partly without the city a copy of
such order shall be sent to the clerk of the court without the city in whose
office 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 of such inquiries by such special com-
missioner.

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 commissioners provided for in * § 25-
46.20 of the Code of Virginia, and shall in the order appointing such com-
missioners designate the day and hour for them to meet, which order shall
operate as notice of such meeting to all parties in interest, and all proceed-
ings thereafter shall be had as provided in * §§ 25-46.20 through * 25-46.84
of the Code of Virginia in so far as they are then applicable and not incon-
sistent 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 com-
pensate such owners for property taken or damaged. The commissioners 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, that the provisions of * § 25-233 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.

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