Chap. 455.—An ACT to amend and re-enact section 1101, chapter 46,
of Code of 1887, authorizing internal improvement companies to
take wood, stone, gravel, earth, or water from convenient lands.

Approved March 5, 1888.

1. Be it enacted by the general assembly of Virginia, That
section eleven hundred and one of chapter forty-six of the
Code of eighteen hundred and eighty-seven, be amended and
re-enacted so as to read as follows:

§ 1101. A company incorporated for any work of internal
improvement, may, by its officers, agents, or servants, enter
upon any convenient lands for the purpose of obtaining there-
from wood, stone, gravel, or earth to be used in constructing
such work, or in repairing, enlarging, or altering the same;
and may in like manner take and consume any and all water
not required by the owner and necessary for the use of its
engines, whether locomotive or stationary; and nray in the
mode now prescribed by law, condemn as much land contigu-
ous to such water as shall be required for the construction of
suitable wells or reservoirs, locating its pumping engines and
machinery, for the erection of buildings for the protection of
the same, and for a right of way thereto; and may also con-
demn as much land as may be necessary for pipes to be used
for conducting said water to the proper locality. But said
company shall not cut down any fruit tree, or any tree pre-
served in any field or lot for shade or ornament, or take part
of any fence or building, nor take any of said things from
any lot inacity or town. But before taking any of said
things, the company, unless it agrees therefor with those
having the right thereto, shall give to the tenant of the free-
hold, and in case of water, to the owner or tenant of the
land upon which said water is located, and although it may
own the land upon which the water is located, or be able to
agree with the owner therefor, it shall give to all riparian
owners, having an interest likely to be affected by said
action, at least ten days’ notice, in writing, that at a certain
time and place, to be specified in the notice, application will
be made to a justice to appoint commissioners to ascertain
what will be just compensation for the same. At such time
and place, the justice shall appoint three disinterested free-
holders as commissioners, who, after being sworn, shall view |
the premises, and report in writing, the extent to which
wood, stone, gravel, earth, or water is proposed to be taken,
the nature of the injury which may be done in cutting, quarry-
ing, digging, consuming, or carrying away the same, and
what will be just compensation therefor. The notice in writ-
ing, certificate of the commissioners having been sworn, and
their report, shall be forthwith returned to the court of the
county or corporation. If good cause be shown against the
report, or if the commissioners cannot agree, or fail to report
within a reasonable time, the court may, as often as seems to
it proper, appoint other commissioners, who shall act and re-
port in the manner before prescribed. If the report be con-
firmed, upon the payment to the person or persons entitled
thereto, or into court of tbe sum so ascertained, the company
may take, carry away, use and consume the wood, stone,
gravel, earth, or water for which such compensation may
have been allowed; and though the report. may not be con-
firmed, upon the payment into court of the sum therein men-
tioned, it may proceed in like manner as if the report had
been confirmed and payment made of the sum thereby ascer-
tained. Upon the coming in of a new report, after such pay-
ment into court, if it confirms the report, judgment shall be
rendered as in cases provided for by section ten hundred and
eighty-four. From the time any such judgment is rendered
against the company, its right to cut, quarry, dig, take away,
use, and consume, shall be suspended until the said judgment
shall be satisfied. And where water is to be taken, and the
rights of riparian owners having lands below the point at
wick the water is proposed to be taken, are likely to be af-
fected, notice shall be given by posting the same at the front
door of the courthouse of the county in which the water is
located, for at least thirty days, which shall include the first
, 2
day of a county court; and any person claiming to be inter-
ested, may appear at the time and place specified, make him-
self a party to the proceeding, and have his rights passed
upon by the commissioners, and his damage, if any, ascer-
tained, allowed, and paid as hereinbefore provided for the
taking of the water or other things named in this section.
But after such notice, and the judgment of the court upon
the report of the commissioners, and the payment to the per-
son or persons interested or into court of the amount ascer-
tained as hereinbefore provided, no action for damages shall
be brought against the company using or consuming said
water or other things.

2. This act shall be in force from the first day of May,
eighteen hundred and eighty-eight.