An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1912 |
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Law Number | 147 |
Subjects |
Law Body
CHAP. 147.—An ACT to amend and re-enact sections 4, 8 and 22, and to
repeal sections 16, 17, 18, and 19 of an act entitled an act to amend
and re-enact an act entitled an act to amend and re-enact an act ap-
proved March 7, 1900, entitled an act to provide for the working
and keeping in repair the public roads and bridges in the county
of Washington, and to authorize the board of supervisors to borrow
money by the issue of bonds, and to build bridges and to macadamize
the roads in said county, and to authorize the qualified voters of said
county to vote on the question, approved April 2, 1902, as amended
and re-enacted by an act approved May 15, 1903, as amended and
re-enacted by an act approved March 15, 1906, as amended and re-
enacted by an act approved March 13, 1908, as amended and re-
enacted by an act approved March 11, 1910.
Approved March 12, 1912.
1. be it enacted by the general assembly of Virginia, That
sections four, eight and twenty-two of an act entitled an act to
amend and re-enact an act approved March seventh, nineteen
hundred, entitled an act to provide for the working and keep-
ing in repair the public roads and bridges of the county of
Washington, and to authorize the board of supervisors to bor-
row money by the issuing of bonds, and to build bridges and
macadamize the roads in said county, and to authorize the quali-
fied voters of said county to vote on the question, approved April
second, nineteen hundred and two, and amended by an act ap-
proved May fifteenth, nineteen hundred and three, as amended
and re-enacted by an act approved March fifteenth, nineteen
hundred and six, as amended and re-enacted by an act approved
March thirteenth, nineteen hundred and eight, as amended and
re-enacted by an act approved March 11, 1910, be amended and
re-enacted so as to read as follows:
S41. The board of supervisors shall appoint a competent engi-
neer, Who shall be known as the “road engineer,” whose duty it
shall-be to lay out and survey all new roads, landings or altera-
tions of old roads in said county. That all applications for a
new road or landing, or to lay out, open, alter or change a public
road or landing must be by petition signed by not less than five
citizens of said county, and in case of a new road or landing
shall state the termini'of said road and the names of the land.
owners through which said road shall pass, and the location of
the landing and the owner thereof, and in case of alterations of
an old road the names of the landowners where the alterations
are desired to be made, and said petition must first be presented
to the road commissioner of the district in which the said road
or landing is, who shall endorse thereon his approval or dis-
approval of the same, and his reasons therefor, which petition
and commissioner’s endorsement shall be laid before the board
of supervisors at its next meeting, and if considered of public
necessity, they shall order the said engineer to locate or relocate,
as the case may be, the said road or landing. And the said en-
gineer, before locating or relocating said road or landing or
making alterations therein as the case may be, shall give notice
of the time and place when he shall go upon said road or landing
to the landowners, of their tenants in possession, whose lands
are proposed to be affected thereby, of the proposed road or
landing at least five days before the said survey is made, and if
for any reason said engineer does not agree with said landown-
ers as to the amount of damages to be paid to said landowners,
or any of them, he shall designate and appoint three disinterested
resident freeholders, whose duty it shall be to promptly desig-
nate and report to said engineer a just compensation for the land
to be used for such road or landing, and the said engineer shall
make report showing the probable cost of construction, the dam-
ages agreed and the damages assessed by said freeholders to the
landowners where not agreed, and anything else deemed perti-
nent by himself, including the laying out of more than one route,
if deemed advisable by said engineer or required by any party
in interest, and shall file with said report a plat showing the lo-
cation of said road by course and distance, making the property
lines of the individuals through whose land it passes and the dis-
tance thereof as far as practicable; provided, however, that no
new road shall be located on a steeper grade than four degrees,
unless the engineer shall certify that it is impracticable at rea-
sonable cost to get the degree required by this act, and shall re-
turn said report to clerk’s office of the circult court of the county
within ten days from the date of said survey and at least five days
before the case is acted upon by the board of supervisors. The
said report, together with the petition and cther papers, shall
be laid before the board of supervisors at its next meeting, and
unless good cause shall be shown against the report of the road
engineer, the same shall be confirmed; said board shall have pow-
er to recommit the said report of the said engineer for any or all
purposes required by said board. When said report or reports
are confirmed, the board of supervisors shall establish or alter
the road or landing. If such petitioner, proprietor, or tenant,
or any other person interested who will enter himself of rec-
ords for costs, is dissatisfied with the decision of the board of
supervisors in respect to the opening or locating of the proposed
road or landing, or the amount of compensation allowed, he
may of right appeal to the circuit court of said county, and the
said court shall hear the matter de novo, with the further right
of appeal as provided by general law. Upon the hearing of
said appeal the said court shall ascertain and by its order de-
termine, first, whether the said road or landing ought to be es-
tablished at all, and, if so, where located; second, if established,
the amount of compensation to which such proprietor is en-
titled. And said circuit court shall have the power to recommit
said report to the said road engineer, and to do all things here-
inbefore authorized to be done by the board of supervisors, and
the said circuit court is authorized and empowered in its discre-
tion, upon the petition of any person, pursuant to the provisions
of this act, for the opening of a public road, to open and to
determine the width and grade of outlets to the public roads and
location of gates thereon.
The general road law of Virginia shall apply where not in-
consistent with the provisions of this act.
§6. All acts and parts of acts in conflict with this act are
hereby repealed.