CHAPTER 511

An Act to amend and reenact §§ 15-668.2 as amended, and 15-717.1 of the
Code of Virginia, which section was enacted as § 1 of Chapter 461 of
the Acts of Assembly of 1950, approved April 7, 1950, authorizing
certain counties to levy taxes against sewers, and to impose a lien
thereon and to allow certain counties to take possession of property
prior to condemnation.

7 an ap am 2
Be it enacted by the General Assembly of Virginia: oo,
1. That §§ 15-668.2 as amended, and 15-717.1 of the Code of Virginia,
which section was enacted as § 1 of Chapter 461 of the Acts of Assembly
of nineteen hundred fifty, approved April seven, nineteen hundred fifty,
be amended and reenacted 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, every county having
a population of more than two hundred fifty 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
systems 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 compensation and damages, if any, caused thereby, the county
shall institute condemnation 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 landowner 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 construction of the project, as well as prior thereto,
and to direct the fund out of which the judgment of the court in con-
demnation 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 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 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.

§ 15-717.1.. The governing body of any county adjoining a city lying
wholly within the State and which has a population of more than one
hundred ninety thousand and any county having a density of population
of more than six hundred per square mile may by ordinance provide
that taxes or charges hereafter made, imposed or incurred for sewers or
use, therent in such county shall be a lien on the real estate served by
such sewer.