Chap. 257.—An ACT to amend and re-enact sections 4, 5, 6, 9, 14, 25, and_
of an act concerning the exercise of the power of eminent domain, approv
January 18, 1904.

Approved March 15, 1906.

1. Be it enacted by the general assembly of Virginia, That sections fou
five. six, nine, fourteen, twenty-five, and twenty-seven of an act concer
ing the exercise of the power of eminent domain, approved Janua
eighteen, ninetcen hundred and four, be, and they are hereby, amend
so as to read as follows:

$4. Any company heretofore or hereafter chartered by this State, whi
is authorized by its charter or the laws of this State to condemn land
other property, or any interest or estate therein, for its uses, which ca
not, because of the incapacity of the owner, or any one of them, or |
ability to agree upon the price or terms, or because the owner cannot, wi
reasonable diligence, be found in this State, or is unknown, agree |
terms of purchase with those entitled to any land or other property, or :
interest or estate therein, wanted to be taken and used in the constru
tion, maintenance, operation, improvement, or straightening of its line
works, or change of location of its line or works, or in constructing
providing additional facilities, or for other necessary purposes of su
company, desiring to condemn any land, or other property, any interest
estate therein, for any of its uses or purposes aforesaid, or entitled
damages to property by reason of the doing of such work or the making
such improvement, where no property is taken, shall, before making app
cation for the appointment of commissioners as hereinafter provided, f
in the clerk’s office of the proper court, as defined in section two of th
act, a petition for the appointment of commissioners as hereinafter yr
vided, which shall be signed by the president, vice-president, genet
manager or general superintendent of such company, and shall set for
the interest and estate intended to be taken in the land or other proper
or the damages to any person likely to arise by reason of the doing of su
work or making of the proposed improvement, and the material facts up
which the application for the appointment of commissioners is based. a
specially the fact that the land or other property, or interest or ests
therein sought to be condemned is wanted for the uses and purposes of t
company, or where no property will be taken for such uses and purpos
but property will be damaged, the necessity for the work of improveme
which will cause, or is likely to cause, damage to the property or estate
any person, with which petition shall be filed a plat of the survey, with
profile showing the cuts and fills, trestles and bridges, and a description of
che land or and other property which, or an interest or estate in which, is
sought to be condemned, or damaged, and if known to such company, a
memorandum showing the names and residence of the owner or owners
of such land or other property; and if more than one parcel of land or
property, or an interest or estate therein, a plat of the survey and a de-
scription of each, with profile as aforesaid, and if known to such company
the names and residences of the owners of each, and showing also the
quantity of land or other property which, or an interest or estate in which,
is sought to be condemned, or will be, or is likely to be damaged.

$5. Upon complying with the requirements of the preceding section,
any such corporation may give ten days’ notice of its intention to apply
to the proper court, as defined in section two of this act, for the appoint-
ment of commissioners to ascertain what will be just compensation for
the land or other property, or for the interest or estate therein, proposed
to be condemned for its uses, and to award the damages, if any, resulting
to the adjacent or other property of the owner, or to the property of any
other person, beyond the peculiar benefits that will accrue to such prop-
erties, respectively, from the construction and operation of the company’s
works, which notice shall be served on the tenant of the freehold, or his
cuardian, or committee, or if it shall appear by affidavit or by the aver-
ment of the petition that such tenant, guardian or committee is a non-
resident of this State, or if there be no such tenant, guardian, or commit-
tee within this State, or if such tenant, guardian, or committee cannot,
with reasonable diligence, be found, or is unknown, such notice, instead
of being served, may be by order of publication and posting, as prescribed
by law. But where the notice to the tenant, guardian, or committee is so
served, the notice to other parties whom it may concern shall be pub-
lished once a week for two successive weeks in a newspaper published in
the city or county wherein the land or property which, or an interest or
estate in which, is proposed to be condemned or damaged is located, and
hy posting the same at the front door of the courthouse of said city or
county ten days previous to such application; or, if no newspaper be pul-
lished in said city or county, then such notice shall be posted as herein-
before prescribed, and shall be published in some other convenient news-
paper in this State, to be designated in term time, or in vacation, by the
judge of the court to which such application is to he made.

$6. Upon its appearing that such notice has been given that such com-
pany has complied with the provision of section four of this act, and that
the land or other property, or the interest or estate therein sought to be
condemned is wanted for the uses and purposes of such company, or that
property will be damaged, or is likely to be damaged, by the doing of
such work or making of such improvement, though no property or estate
he actually taken, the court of the county or city in which the said land
or other property, or a greater part thereof, lies, shall appoint five dis-
interested freeholders, residing in such county or city, any three or more
of whom may act, for the purpose of ascertaining a just compensation for
such lands or other property, or for such interest or estate therein, and
awarding the damages, if any, resulting to the adjacent or other property
of the owner, or to the property of any other person, beyond the peculiar
benefits that will accrue to such properties, respectively, from the con-
struction and operation of the company’s works; and in the order ap-
pointing such commissioners, the court shall designate the day and hour
for them to meet, which order shall operate as notice of such meeting to
all parties in interest. Any one or more of said commissioners attending
on the land, or other property, may adjourn from time to time until the
business shall be finished. The said commissioners having viewed the
land or other property, may, from time to time, adjourn to such other
place in the city or county as they may deem expedient, for the purpose
of hearing evidence and arguments and conferring about and formulating
their report. The said commissioners shall receive three dollars for every
day they may be employed in the performance of their duties, which shall
be paid by the parties at whose instance they are appointed, unless other-
wise ordered by the court.

$9. The said report, and the certificates of the officer administering the
oath, shall be forthwith returned to the clerk’s office of such court of the
county or city, where it shall remain for at least thirty days, after which.
unless good cause be shown against the report, the same shall be con-
firmed by the court. The sum so ascertained to be a just compensation.
and the measure of damages, if any, may be paid to the persons entitled
thereto, or into court, and, when paid to the persons entitled thereto, the
receipt for the same, when witnessed by two witnesses or acknowledged
before a person duly authorized to take acknowledgments of deeds, to-
gether with the report, shall be recorded by the clerk of the court, and
hoth the report and the receipt, when so recorded, duly indexed by the
clerk. Upon such payment, either to the person entitled thereto or into
court, and confirmation of the report, the title to the part of the land,
and to the other property for which such compensation is allowed, shall
be absolutely vested in the company, in fee simple, except in the case of a
turnpike company, where a sufficient right of way only for the purposes
of such company shall be vested, and except, also, in the case of any other
company where, if the notice of the application to the court shall so spe-
cify or describe, and the petition shall so pray, the interest or cstate as
shall be so specified or described and prayed for, shall be vested. Nothing
in this act contained shall be construed as authorizing the condemnation
of a less estate in the property taken than is owned by the party against
whom the proceeding is.

$14. After the payment of the amount of compensation and damages
into court as hereinbefore prescribed, the interest or estate of the owner or
owners shall terminate, and the interest or estate of such owner or owners
shall be vested in the said compensation or damages so paid into court
as was vested ‘in such property so taken or damaged, and all liens by a deed
of trust, judgment, or otherwise upon said property or estate shall be
transferred to such money so paid into court, and the court shall make
such distribution of such money as to it may seem right, having due re-
gard to the interest of all persons therein, whether such interest be vested.
contingent or otherwise, and to enable the court to make a proper distri-
Inition of such money it may, in its discretion, direct inquiries to be taken
by a commissioner of the court or by a special commissioner in order to
ascertain what persons are entitled to such money, and in what propor-
tions, and may direct what notice shall be given of the making of such
inquiries by such commissioner or special commissioner.

§25. If the court, or the board of supervisors, of any county, the coun-
cil of any city or town, the trustees of any school district, the institution
for the deaf and blind, any of the State hospitals, the university of Vir-
ginia, the Virginia military institute, or any other institution of this
State, cannot, because of the incapacity of the owner or inability to agree
upon a price or terms, or because the owner cannot, with reasonable dili-
gence, be found in this State, or is unknown, agree on terms of purchase
with those entitled to any land, buildings, structures, sand, earth, gravel,
water. or other material necessary to be taken and used for the purposes
of such county, city or town, or school district, or for the purposes of the
institution for the deaf and blind, or of any such State hospital, or of the
university of Virginia, or of the Virginia military institute, or of any
other State institution, or upon the damages to private property by reason
of the doing of such work or making such improvement, it may acquire
such property by condemnation under the provisions of this act, or have
such damages ascertained, and the proceedings in all such cases shall be
according to the provisions of this act so far as they can be applied to
the same.

$27. If, any proceeding under the provisions of this act, the commis-
sioners shall fail to report as hereinbefore provided within one year from
the date of the order appointing them, such appointment shall ipso facto
he vacated, and proceedings shall thereafter be had de novo for the ap-
pointment of other commissioners, but this section shall not be construed
as to preclude the appointment of any one or more, or all, of the former
commissioners. If, in any such proceeding, the amount or amounts
ascertained by the commissioners as aforesaid be not paid either to the
party entitled thereto, or into court, within three months from the date of -
the filing of the report of the commissioners, the proceedings shall, on the
motion of any defendant, be vacated and dismissed as to him, but not
otherwise.