CHAP. 83.—An ACT to authorize the condemnation of the use of the
jand now occupied by the Central lunatic asylum.

Approved February 8, 1879.

1. Be it enacted by the general assembly of Virginia, That
if the president and board of directors of the Central lunatic
asylum cannot agree on the terms of a lease of the land now
occupied by said asylum under a lease from Bacon Tait, now
deceased, for five years, commencing on the first day of Jan-
uary, eighteen hundred and eighty, at which time their said
lease terminates, with those entitled to said land, five disinter-
ested freeholders shall be appointed commissioners by the cir-
cuit court of the county of Henrico, in which such land is
situated, for the purpose of ascertaining a just compensation,
to be paid annually, semi-annually, quarterly, or monthly, for
for the use thereof for the term aforesaid. ;

2. When it is intended to apply for such appointment, ten
days’ previous notice thereof shall be served on the tenants of
the freehold ; but if there be no such tenant within this state,
the notice, instead of being thus served, may be published
once a week for four weeks, successively, in some newspaper
published in the city of Richmond, and posted at the door of
the court-house of the said county on the first day of the term
next preceding the application.

8. Upon its appearing that such notice has been so given,
the said circuit court shall appoint such commissioner, and in
the order appointing them shall designate the day for them to
meet; any one or more of them attending on the land ma
adjourn from time to time until the business shall be finished.

4, Before executing their dutics they shall take an oath,
which shall be certified in substance as follows:

“WWenrico county, to-wit: I, , a notary publie (or jus-
tice of the peace), in and for the said county, do certify that
have this day made oath before me, that they
will faithfully and impartially ascertain what will be a just
compensation for the use per annum, for five years, com-
mencing the first day of January, eighteen hundred and eighty,
of the land mentioned in the first section of this act, without
estimating the value of any of the buildings or other improve-
ments on said land, and will truly certify the same; and that
they have also made oath that they will faithfully and impar-
tially ascertain what will be a just compensation for the use of
said land for the term aforesaid, together with the use of all
the buildings and other improvements thereon, and which were
there on the first day of January, eighteen hundred and sev-
enty, and truly certify the same; and that they have also made
oath that they will faithfully and impartially ascertain what
will be a just compensation for the use during the term afore-
said of the said lands, and all the buildings and other improve-
ments thereon, which were upon said land on the twenty-seventh
day of March, eighteen hundred and seventy-four, and will truly
certify the same.

Given under my hand this
hundred and seventy-nine.

day of , eighteen

bé $3

’

5. The commissioners, after viewing the lands, buildings,
and so forth, and hearing each proper evidence as either party
may offer, shall ascertain what will be a just compensation :
first,for the use of said land only for the term aforesaid ; second,
for the use of said land and the buildings and other improve-
ments thereon, first mentioned in the preceding section of this
act; and third, for the use, for the term aforesaid, of the said
land and the buildings and other improvements thereon, last
mentioned in said section; but in ascertaining what will be a
just compensation in each case mentioned, the said commis-
sioners shall only ascertain what will be a fair rental value for
the property actuaily taken, and shall make a report to the fol-
lowing effect: ,

“We, , appointed by the cireut court of Hen-
rico county, by its order of the day of , eighteen
hundred and seventy , to ascertain what will be a just
compensation for the use, for five years, of the lots of land em-
braced in the lease from Bacon Tait to the state of Virginia,
dated January first, eighteen hundred and seventy, proposed
to be taken by the Central lunatic asylum for its purposes,
without considering the value of the use of any buildings or
other improvements thereon, do certify, that on the day
of , eighteen hundred and seventy , the day
designated in said order, or the day to which we were regu-
larly adjourned from the day designated in said order, we
met together on the said lot of land; and after being first duly
sworn, upon a view of the lotsof land aforesaid, and upon such
evidence as was before us, we are of opinion, and do ascertain,
that for the said lots of land, proposed to be taken as afore-
said, - dollars will be a just compensation; and we also
certify that we do ascertain, in the same way, that dol-
lars will be a just compensation for the use of said lots of land
and the improvements which were thereon, on the first day of
January, eighteen hundred and seventy , for the said term of
five years; and we do also certify that we do ascertain, in the
same way, that dollars will be a just compensation for
the use of said lots of land, and of the buildings and other

improvements thereon, on the day of , eighteen
hundred and seventy , for said term of five years.
“G ven under ovr hands this day of

6. The said report and certificate shall forthwith be returned
to the said circuit court of Henrico county, and unless good
cause be shown against the said report, the same shall be con-
firmed and recorded. And the court shall thereafter, upon the
motion of either of the parties, after ten days notice to the
other, and after hearing such proper evidence as either party
may offer, proceed to ascertain whether the tenants of the free-
hold are entitled to compensation—First, for the use of said
land only; or second, for the use thereof, and of the buildings
and other improvements thereon on the first day of January,
eighteen hundred and seventy ; or third, for the use thereof
and of the buildings and other improvements thereon on the
day of , eighteen hundred and seventy And
in such proceedings the said-Central lunatic asylum shall be
treated as plaintitf, and the said land owners as defedants, and
when said question shall have been decided, and the compen-

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sation fixed, the court shall make an order authorizing the said
Central lunatic asylum to take and hold for the term aforesaid,
the said property, lands, and so forth, securing, however, to the
tenants the payment of the compensation allowed at such times
as may have been fixed by said commissioners and approved
by the ccurt.

7. If, however, good cause be shown against the report, or if
the commissioners report their disagreement, or if they fail to
report within a reasonable time, the court may without further
notice, as often as seems to it proper, appoint other commis-
sioners, and the matter may be proceeded in as before pre-
scribed.

8. That said commissioners shall also consider that the said

ventral lunatic asylum is to have the right to remove from said

land at the end of the term any buildings or other improve-
ments capable of being removed which they may put upon said
land during the said term.

9 And the court, in ascertaining what. if any. buildings or
other improvements the land owners are entitled to compensa.
tion for the use of. shall in its final judgment designate what
buildings and improvements, if any, that the said Central
Innatie asvlum shall have the right to remove before or at the
end of said term.

10. Kither party aggrieved by any ruling, order, or jadgment
of the said court in the proceedings hereby authorized, may
appeal from any ruling, order, or judgement of said circuit court
of Henrico county to the supreme court of appeals.

11. This act shall be in force from its passage.