Chap. 180.—An ACT to amend and re-enact section 1041a of the Code of Vir

ginia, 1904, as amended by an act approved February 25, 1908, entitled

an act to amend and re-enact section 1041la of the Code of Virginia, 1904,

as amended by an act approved May 20, 1903, entitled an act to amend

- and re-enact chapter 44 of the Code of Virginia, 1887, in relation to

cities and tewns, and to repeal sections 1039 and 1040 of the Code of

Virginia, and section 1043 of the Code of Virginia as amended and

re-enacted by an act approved March 4, 1896, and as attempted to be

repealed by an act approved March 7, 1900, entitled an act to provide for
local assessments in cities and towns.

Approved March 14, 1910.

1. Be it enacted by the general assembly of Virginia, That section one
thousand and forty-one-a of the Code of Virginia, nineteen hundred and
four, as amended by an act approved February twenty-five, nineteen hun-
dred and eight, entitled an act to amend and re-enact section one thou-
sand and forty-one-a of the Code of Virginia, nineteen hundred and four,
as amended by an act approved May twenty, nineteen hundred and three,
and to repeal an act approved March seventh, nineteen hundred, entitled
an act to amend and re-enact chapter forty-four of the Code of Virginia
(eighteen hundred and eighty-seven), in relation to cities and towns,
and to repeal sections one thousand and thirty-nine and one thousand
and forty of the Code of Virginia, and section one thousand and forty-
three of the Code of Virginia, as amended and re-enacted by an act ap-
proved March fourth, eighteen hundred and ninety-six, and as attempted
to be repealed by an act approved March seventh, nineteen hundred, enti-
tled an act to provide for local assessments in cities and towns, be
amended and re-enacted so as to read as follows:

§1041a. Providing for local assessments to pay for certain public im-
provements in cities and towns.—No city or town shall impose any tax
or assessment upon abutting landowners for street or other public im-
provements, except for making and improving walkways upon then exist-
ing streets, and improving and paving then existing alleys, and for either
the construction, or for the use of the sewers; and the same, when im-
posed, shall not be in excess of the peculiar benefits resulting therefrom to
such abutting landowners. But such improvement may be ordered by the
council, and the cost thereof apportioned in pursuance of an agreement
between the city or town and the abutting landowners, and, in the ab-
sence of such agreement, improvements, the cost of which are to be
defrayed in whole or in part by such local tax or assessment, may be
ordered on a petition from not less than three-fourths of the landowners
to be affected thereby, or by a two-thirds vete of all the members elected
to the council, but when no petition is so filed, notice shall first be given
as hereinafter provided to the abutting landowners notifying them when
and where they may appear before the council or some committee thereof,
to whom the matter may be referred, to be heard in favor of or against
such improvement. When the council consists of two branches, any com-
mittee acting under this or subsequent provisions of this section shall be
composed of not less than three members from the larger and two mem-
bers from the smaller branch. The cost of such improvement, when the
same shall have been ascertained, shall be assessed or apportioned by the
council, or by some committee thereof, or in any city having by the last
United States census a population of more than forty-six thousand in-
habitants, by some officer authorized by its council to make such assess-
ment or such apportionment between the city or town and the abutting
landowners where less than the whole is assessed: provided, that except
when it is otherwise agreed the portion assessed against the abutting land-
owners shall not exceed one-third of the total cost. The amount assessed
against each landowner, or for which he is liable by agreement, shall be
reported as soon as practicable to the collector of taxes, who shall enter
the same as provided for other taxes. When the assessment or appor-
tionment is not fixed by agreement, notice thereof, and of the amount so
assessed or apportioned, shall be given each of the then abutting owners,
and he shall be cited thereby to appear before the council, or the com-
mittee thereof, or before the officer having the matter in charge, not less
than ten days thereafter, at a time and place to be designated therein, to
show cause, if any he can, against such assessment or apportionment.
The notices required by this section may be given by personal service on
all persons entitled to such notice, except that notice to an infant on
insane person may be served on his guardian or committee, and notice
to a non-resident may be mailed to him at his place of residence, or
served on any agent of his having the property in charge, or on the tenant
of the freehold, or, in any case where the owner is a non-resident or
where the owner’s residence is not known, such notice may be given by
publication in some newspaper published in the city or town once a week
for two successive weeks, the last publication to be made at least ten days
before the day on which the parties are cited to appear. Any landowner
wishing to make objections to an assessment or apportionment may ap-
pear in person or bv counsel, and state his objections. If his objections
are overruled, he shall, within thirty days thereafter, but not afterwards,
have an appeal as of right to the corporation or hustings court of the city,
or, in case of a town, to the circuit court of the county in which such town
is situated. When an appeal is taken the clerk of the council, or of the
committee, or of the officer having the matter in charge, shall imme-
diately deliver to the clerk of the court which has cognizance of the ap-
peal the original notice relating to said assessment, with the judgment of
the council committee or officer endorsed thereon, and the clerk shall
docket the same. Each such appeal shall be tried by the court or the
judge thereof, in a summary way, without pleadings in writing and with-
out a jury, in term time or in vacation, after reasonable notice to the
adverse party, and the hearing shall be de novo.

The amount finally assessed against or apportioned to each landowner,
or fixed by agreement with him, as hereinbefore provided, shall be a lien
on his abutting land, from the time when the work of improvement shall
have been completed ; subject, however, to his right of appeal and ob*ec-
tion as aforesaid, and may be enforced by suit in equity: and, provided,
that as against a purchaser for value and without notice, such assessment
or tax shall not be a lien except and until the resolution or ordinance of
the city or town, ordering such improvement, shal! have been recorded in
a book kept in the office of the clerk of the council for that purpose only,
and designated as “record book of resolutions and ordinances of the coun-
cil ordering public improvements at expense of abutting owners,” and in
cities of less than five thousand inhabitants and towns of the Common-
wealth until an abstract of such resolution or ordinance is recorded in
the judgment docket of the clerk’s office of the county in which such city
of less than five thousand inhabitants or town is located, showing the
ownership and location of the property to be affected by the proposed im-
provements, and the same indexed in the name of the city or town and of
the owner of the property.