Chap. 109.—An ACT to provide for the draining of the public highways of
Accomac county through lands adjacent to said highways. (S. B. 123)

Approved March 17, 1915.

1. Be it enacted by the general assembly of Virginia, That when-
ever the board of supervisors of the county of Accomac shall be of the
opinion that it is necessary for the proper draining of said highways
that ditches or drains be dug or opened through lands adjacent to the
same it shall be the duty of the supervisors of the magisterial district
in which is located the road desired to be drained to agree with the
owners of said lands upon compensation for any damage thereto over
and above the benefits derived from the digging or opening of said ditches
or drains. If the said supervisor of such district and the owners of said
lands can agree upon such compensation, he shall submit the said agree-
ment to the board of supervisors of the said county for their approval
and ratification. In the event that the superintendent of roads and the
owners of the said property cannot agree upon said compensation, the
said supervisors of such district shall make a report to the board of
supervisors of said county setting forth the location of such proposed
ditches or drains, the names of the proprietors and tenants of the lands
upon which the said ditches or drains are proposed to be located, and at
the next meeting of the board of supervisors after the receipt of said re-
port, unless the opinion of the board of supervisors be against the digging
or opening of such ditches or drains, it shall require its clerk to issue

rocess to summon the proprietors and tenants of the lands on which
it is proposed to dig or open such ditches or drains, to show cause against
the same. The summons shall be directed, executed and returned, as a
summons me~ be in other cases, except that it may be personally served
in the county on an agent or tenant of any proprietor not within the
same, and such service shall be equivalent to service on such proprietor.
And if any proprietor reside out of this State and be not within the
county or has no agent nor tenant known to the board of supervisors or
its clerk residing therein, or if the true owners or proprietors of the land
or any part thereof be not known to the said clerk or board, said clerk
or board may order notice to all whom it may concern to be posted for
four successive weeks in some newspaper of general circulation or posted
at the front door of the court house of the county on some court day to
appear and show cause against the digging or opening of such ditches
or drains. The cost of such publication shall not exceed the cost of pub-
lishing an order in section thirty-two hundred and thirty-five of the
Code and shall be paid by the county. The personal service of said
summons to a non-resident and return thereof may be in the mode and
with the affect prescribed by section thirty-two hundred and thirty-two
of the Code.

Upon the return of said process duly executed, defense may be made
to the said proceedings by any party and the board of supervisors may
hear testimony touching the expediency or propriety of digging or open-
ing the said ditches or drains. Upon the hearing of such testimony,
unless the board of supervisors be of the opinion that the said ditches
or drains ought not to be dug or opened, in which case it shall so order,
it shall proceed to fix upon a just compensation to the proprietors and
tenants of the lands proposed to be taken and the damage accruing
thereto over and above the benefits derived by proprietors and tenants
therefrom, but if any tenant or proprietor desire it, or if the board of
supervisors see cause for so doing, it shall appoint three disinterested
qualified voters, residents of said magisterial district, (any two of whom
may act) for the purpose of ascertaining the just compensation for the
land to be used for such ditches or drains. They shall meet on the lands
of such proprietors and tenants as may be named in the order of the
board of supervisors at a certain place and day therein specified, of
which notice shall be given by the sheriff to such proprietors and tenants
or their agents, except that it need not be given to one present at the
time of making the order. Any one or more of the commissioners attend-
ing on the land as aforesaid may adjourn from time to time until the
business shall be finished. The commissioners in the discharge of their
duty shall comply in all respects with the provisions of the act con-
cerning the exercise of the power of eminent domain, approved March
eighteenth, nineteen hundred and four, so far as applicable and forthwith
make report to the board of supervisors, and unless good cause be shown
against the report the same shall be confirmed.

Such report shall show the amount and value of the land proposed
to be taken or damaged by the digging or opening of such ditches and
drains over and above the benefits derived by the proprietors or tenants
of such land by the digging or opening of such ditches or drains. If,
however, good cause be shown against the said report or the commissioners
report their disagreement or fail to report within a reasonable time, the
board of supervisors as often as it seems to it proper, may appoint other
commissioners for the purpose of ascertaining the compensation afore-
said. When any report is confirmed the board of supervisors shall order
the digging and opening of such drains or ditches as to it may seem
proper and provide for the payment of the compensation allowed.

If any such proprietor or tenant be dissatisfied with the decision
of the board of supervisors in respect to said compensation he may 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 court shall determine the
amount of compensation to which such proprietor or tenant is entitled,
and shall certify the same to the said board of supervisors, which shall
at its next meeting provide for the payment of the compensation allowed
by the court; but the digging or opening of such ditches or drains under
the supervision of the superintendent of roads shall not be prevented
or delayed pending the determination of the amount of compensation
to be allowed to the proprietors or tenants.

2. All acts or parts of acts inconsistent with this act are hereby
repealed. |

3. By reason of the necessity of draining certain highways of said
county an emergency is declared to exist, and this act shall be in force
from its passage.