CHAP. 160.—An ACT to amend and re-enact section 1 of an act approved
March 12, 1908, entitled ‘tan act to provide the mode of ascertainment
of damages in favor of abutting owners where any city or town shall
cause injury to property by reason of the grading of any street, alley
or other public place belonging to such city or town, and to give to any
assessment so made against the city or town the effect of a judg-
ment.”

Approved March 12, 1912.

1. Be it enacted by the general assembly of Virginia, That
section one of an act approved March twelfth, nineteen hundred
and eight, providing the mode of assessment of damages in favor
of abutting owners where any city or town shall cause injury
to property by reason of the grading of any street, alley or other
public place belonging to such city or town, and to give to any
assessment so made against the city or town the effect of a judg-
ment, be amended and re-enacted so as to read as follows:

S1. That whenever the council of any city or town shall deem
it desirable to grade any street, alley or other public place be-
longing to the city or town, or whenever any administrative
board of any city or town, created under the charter of such city
or town, and by such charter authorized to exercise powers and
tunctions of an administrative character they shall, as the case
may be, by resolution or ordinance direct the same to be done,
and if the improvement be such as may cause damage to the
abutting owners, the resolution or ordinance shall designate and
direct some committee of the council or some officer of the city
or town, where the determination is made by the council, and
where made by an administrative board by the board itself, to
proceed by personal inspection of all of the premises likely to
be affected by such grading, to ascertain what damages, if any,
will accrue to the owners of the several properties so likely to be
affected, and it shall be the duty of the committee, officer or
board, as the case may be, upon such ascertainment having been
made, to give written notice to all of the abutting owners of the
amount of the ascertainment made by them or him, which notice
shall cite the said owners to appear before such committee, offi-
cer or board as the case may be, not less than ten (10) davs
after the service thereof, at a time and place to be designated
therein, to show cause, if any they can, against the ascertainment
made as aforesaid. The notice may be given by personal ser-
vice on each of the property owners, except that notice to an in-
fant or insane person may be served on his guardian or com-
mittee, and notice to a non-resident may be mailed to him at
his place of residence or served on any agent of his resident in
the city or town or on his tenant occupying the premises, or, in
any case, in lieu of such personal service on the parties or thei:
agents, such notice may be given by publishing the same in some
daily newspaper published in the city or town once a week for
two successive weeks, the last publication to be made at least ten
(10) days before the day on which the parties are cited to ap-
pear. Any one wishing to make objection to such ascertainment,
so far as the same affects him, may appear in person or by
counsel and state his objections. If his objections are overruled
he may within ten days thereafter, but not atterwards, 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 committee,
officer or board having the matter in charge shall cause the
original notice relating to the ascertainment of the damages, with
the judgment of the committee, officer or board endorsed thereon,
delivered to the clerk of such court, and the clerk shall docket
the same. Every such appeal shall be tried by the court or the
judge thereof in a summary way, without pleadings in writing,
in term time or vacation, after reasonable notice to the adverse
party and the hearing shall be de novo. When a committee or
officer, as the case may be, has the matter in charge, they or he,
shall, in ten days after the expiration of the time within which
an appeal may be made to the court, file a detailed report with
the clerk of the council of such city or town, showing the amount
of damages separately assessed in favor of each property owner,
and also, which, if any have taken an appeal, which report the
clerk of the council shall lay before the next regular meeting of
the council or other branch thereof, for its action on the amount
of damages assessed as aforesaid, and the council may confirm,
amend or reject the same in whole or in part, and where the as-
certainment is made by an administrative board as hereinbefore
provided, the same shall stand confirmed as of the date on which
the said board shall direct the grading of the street, alley or other
public place to be made. The amount finally ascertained in the
manner hereinbefore provided to be due to any property owner
shall have the effect of a judgment in favor of the property
owner and against the city or town as of the date on which such
final ascertainment is determined, which judgment may be en-
forced by proper proceedings before any court of record having
jurisdiction of civil actions at law within said city or town.