Chap. 348.—An ACT concerning the exercise of the right of the power of
eminent domain by the government of the United States. fH B 488]

Approved March 16, 1918.

1. Be it enacted by the general assembly of Virginia, That the
words “government” and “petitioner,” respectively, as used in this
act shall be construed to mean the United States of America; the
word “land” shall be construed to meam and to include “land,”
“lands,” and “any right, title, interest, estate and claim in land or
lands;”. and that the words “owner” or “owners” shall be construed
to mean and to include “owner,” “owners,” “claimant,” “claimants,”
‘tenant,” “tenants,” “possessor,” “possessors,” “unknown owner or
owners and claimant or claimants,” “supposed owner or owners and
claimant or claimants,” “unknown supposed owner or owners and
claimant or claimants,” “class and classes of owners and claimants,”
“class and classes of unknown owners and claimants” and “class and
classes of unknown supposed owners and claimants.”

Sec. 2. That the provisions of this act may and, upon an appli-
cation by the government seeking a condemnation of land under
its provisions, shall apply to any case in which the United States
of America, or an officer or officers of said government, acting
on behalf of such government, heretofore has been or hereafter
shall be authorized, either by the laws of Virginia or by the laws of
the United States of America, to acquire land within the State of
Virginia, and where, on account of any of the reasons appearing
in section five (5) of this act, it is deemed necessary or proper,
by such government, to acquire such land by condemnation; pro-
vided, that this act shall not apply to any case in which an ac-
quisition of any land is sought by or on behalf of the United States
of America, unless the legislature of the State of Virginia hereto-
fore has consented or shall hereafter consent to such acquisition.

Sec. 3. That jurisdiction in condemnation proceedings, under the
provisions of this act, shall be in the circuit court of the county
wherein the land proposed to be condemned or the greater part or
parts thereof is situated; and the condemnation proceedings shall
be commenced by petition filed in the office of the clerk of the court
having jurisdiction thereof.

Sec. 4. That the said government, authorized as stated in sec-
tion two (2) of this act to acquire land, may by and through its
duly authorized officers, agents or servants, enter upon any land
for the purposes of making an examination thereof and of sur-
veying and laying out such of the land as may seem fit, to such
officers, agents or servants, for the uses and purposes of said gov-
ernment; provided, that no injury be done the owner of the
land; and no such officer, agent or servant shall, under the author-
ity of this provision, leave open any gates, fences or enclosures on
any land, or in any way irijure the property of the owner, without
his consent.

Sec. 5. That whenever the government cannot aqquire a satis-
factory title to such land, by deed of conveyance from the owner
on account of some one or more of the following reasons, viz.:
(1) the title of the owner is imperfect, or (2) the record title of
the owner appears, from an examination of the public records, to
be defective or encumbered, or (38) it 1s impracticable, for any rea-
son, for the petitioning government, or its officers and agents au-
thorized to acquire the land, to determine with certainty the person
or persons in whom the ownership of the land is vested, or (4) to de-
termine with safety the person or persons to whom compensation for
the land should be paid, or (5) any owner of the land is a non-
resident of the State of Virginia, or (6) any of the owners cannot,
with reasonable diligence, be found in the State of Virginia, or
(7) the name or names of any of the owners are unknown and
cannot be ascertained with reasonable diligence, or (8) the place
or Places of abode or residence of any of the owners are unknown,
and cannot be ascertained with reasonable diligence, or (9) on
account of infancy, insanity or other legal disability, any of the
owners 1s without capacity to make a valid or a binding deed of
conveyance to his or her interest in the land, or (10) between such

vernment or those authorized to act for it and any owner there
is a controversy as to the value of the land; such government,
upon alleging these reasons or any one or more of these reasons,
in a petition of the nature and character as hereinafter provided
in this section and in section six (6) of this act, addressed to the
court having jurisdiction or to the judge thereof, may avail itself
and adopt the procedure prescribed by the ensuing sections of
this act.

The petition shall be verified by the affidavit of the United
States attorney or his assistant for the federal district in which
the apn to be condemned or the greater part of the land is sit-
uate

Sec. 6. The petition shall contain the following, viz: (a) A de-
scription, by metes and bounds or by established legal subdivi-
sions, of the land to be condemned, and of each several tract com-
posing the same, if the land is composed of more than one tract;
such description either to be incorporated in the body of the pe-
tition or to be made part or parts thereof by means of an exhibit
or exhibits attached to the petition; (b) the uses and purposes for
which the land is immediately desired by the petitioner, and the
extent of the estate or interest to be condemned, whether a fee
simple estate or a less estate or interest; (c) the names of the per-
sons and of the classes of persons, where the names are unknown,
owning the land or possibly owning or having some right, title,
estate, claim or interest in or to the land or in or to the proceeds
arising upon a condemnation of the land, so far as the petitioner
has been able to ascertain such names and classes of persons; and
the facts, so far as the petitioner has knowledge of such facts, as
to whether the persons named are residents or are non-residents
of the State of Virginia, or whether their place or places of resi-
dence are unknown to the petitioner; and, if residents of Vir-
ginia, the cities, towns or counties of such residence, so far as
known to the petitioner; the names and the classes of persons and
the facts as to residence may be either incorporated in the body
of the petition or made part or parts thereof by means of an ex-
hibit or exhibits attached to the petition.

In addition to the foregoing requirements, the petition may
state, briefly, the condition of the title to the land, as such condi-
tion appears to the petitioner, from an examination of the public
records or from other sources of information; and the petition
may state also any other fact or facts which the petitioner deems
material to be presented in the petition.

In the petition the petitioner may state or charge the person or
persons or classes of persons who, in the opinion of the petitioner,
are invested with the superior or the better right or claim of title
in and to the land or in or to the proceeds arising upon a con-
demnation of the land, and the extent or the relative proportions,
as among such persons, of such ownership or claim; and _ such
statement or charge, unless denied or disputed by some persons
owning an interest in the land or having a material claim to the
proceeds arising from a condemnation of the land, shall be final
and conclusive as to all parties to the condemnation proceeding and
as to all other persons whomsoever, upon notice being given as
hereinafter provided, except as to the persons appearing to be
infants, or insane, or under other legal disability.

If the petitioner has knowledge of the value of the land, such
value may be stated or charged, according to the petitioner’s knowl-
edge, information and belief, as a fact, in the petition; and un-
less denied or disputed by some person owning an interest in the
land or having a material claim to the proceeds arising from a
condemnation of the land, such statement or charge as to value
shall be final and conclusive as to all parties to the condemnation
proceeding and as to all other persons whomsoever, upon notice

eing given as hereinafter provided, except as to the persons ap-
pearing to be infants, or insane, or under other legal disability.

But nothing herein contained is intended nor shall be held or
construed to make it obligatory upon the petitioner, in any case, to
state or charge the person or persons or classes of persons invested
with said superior or better right or claim, or to state or charge
the value of the land, if the petitioner is unable to make such state-
ments or charges, or any of them, or deems it inadvisable to do so.

Sec. 7. That after the filing of the petition, the same may be
presented to the court having jurisdiction of the condemnation
sought, on any day of a regular or special term, or to the judge of
such court, on any day in vacation.

Upon the presentation of the petition the court or judge shall
make and direct an order or notice, fixing a day certain thereafter.
in term or in vacation in the discretion of the court or judge, on
or before which any and all persons owning or claiming any right.
title, estate or interest in or to the land or in or to the proceeds
arising upon a condemnation of the land shall appear and, by ap-
propriate pleading, assert their several or respective demands or
claims, and designating some newspaper or newspapers of gene.al
circulation in each county in which the land or a part of same }:
situated, in which the notice shall be published; if no such news-
paper is published in the county or in any one of the counties in
which the land or the greater part of the land is situated, the court
or judge, in the order for notice, may designate, for said publica-
tion or publications, some newspaper or newspapers of general cir-
culation, published in some county or counties near by to the coun-
ty or counties in which the land is situated.

The several circuit courts shall at all times have power to make
rules fixing such dates, in term or in vacation, for the presenta-
_ tion of petitions for condemnation, and for the appearances of and
the filing of pleadings by parties to the condemnation proceedings,
as may be necessary or convenient for the purposes of this act.

Sec. 8. That as early as practicable and not exceeding five days,
unless otherwise ordered by the court or judge after the makin
and directing of the order for notice, the clerk of the court sha
prepare and deliver to the newspaper or newspapers designated in
_ the order a notice for publication; which notice shall be published
in such newspaper, or in each of such newspapers, if more than
one are designated, once a week for at least four consecutive weeks,
the last publication to be made at least three days prior to the day
- certain as fixed in the order for notice; and if for any reason the
last publication shall be made at least three days prior to such day
certain, all persons owning or having an interest in the land or a
- claim to the proceeds arising therefrom shall have until a day three
- days after the last publication on which to appear and to assert
and present their interests, claims or demands.

The notice for publication shall set out or contain the follow-
ing, viz: ie The court in which the condemnation proceeding is
pending; (b) the style and the number of the case; (c) a brief
statement of the purpose and object for which the land is sought
to be acquired; (d) a brief statement showing the aggregate acre-
age of the land, and if the land consists of more than one tract,
the number of tracts and the net acreage of each tract; (e) the
county or counties and the county district or districts in which the
land and each several tract thereof is situated, the general name
or names, if such there be and known to the petitioner, by which
the land is or by which the several tracts composing the land are
usually or popularly known or designated, and a reference to the
fuller description or descriptions of the land or of the several
tracts thereof on file in the clerk’s office as a part or parts of the
petition; (f) the extent of the estate or interest to be condemned,
whether a fee simple estate or a less estate or interest; (g) if stated
or charged in the petition, but not otherwise, the value of the land
or of the estate or interest therein; (h) the names of the persons
or classes of persons (omitting their residence and addresses and
whether residents or non-residents of Virginia, unless otherwise
directed by the court or the judge), owning or claiming or possibly
owning or claiming some right, title, estate or interest in or to the
land or the proceeds arising from a condemnation thereof, as ap-
pears from the petition and the exhibit or exhibits thereto; and
(i) a warning to all of the persons named and to the heirs or de-
visees of such of said persons as are dead, and to the classes of
persons designated, and to all other persons whomsoever owning
or claiming any right, title, estate or interest in or to the land or any
part or parts of same, or in or to the proceeds arising upon a
‘condemnation of the land or any part thereof, to appear before
he court or before the clerk of the court, on or before the day cer-
ain fixed in the order for notice, and assert and present, by ap-
yropriate pleadings, their several or respective claims of right, ti-
tle, estate or interest, and that upon the failure of any of the per-
sons so named or described or designated to so appear and assert
and present their claims, the statements and charges in the petition
will be considered by the court or judge, upon the hearing of the
petition and the notice or notices in the case, as admitted by such
persons, and the case will thenceforth be proceeded in ex parte
as to them.

The form of the notice for publication, to which shall be at-
tached the signature of the clerk and the seal of the court, shall be
substantially as follows:

In the circuit court of ............ county, at ...... Virginia.

Notice oF CONDEMNATION.
The United States of America,
vs. No. ...... , At Law.

(Name of one or more of defendants) et al., and acres of land,
IM wee cece eee eeee county (or counties), Virginia.

tract of ...... acres of land (or the following estate or interest in
a tract of ...... acres of land, viz: .......... ), situated in the
ence ee eeees district (or districts) of ............ county (or
counties), Virginia, known as the “:........... land, or tract”

the petition, ...... acres, situated in the district or districts of
cece eens county or counties, Virginia, known as the “..........
land or tract,” and so forth, in respect of each several tract), a
complete description (or descriptions) of said land (or of said
tracts), by metes and bounds (or by established legal sub-divisions).
is (or are) on file in my office as a part (or parts) of the petition
for condemnation in this case, and the same is (or are) hereby and
herein referred to for fuller description (or descriptions).

The value of said land, (or the estate or interest therein), or,
the values of each of the several tracts (or of the estates or inter-
ests therein) as stated or charged (if so stated or charged, and,
if not so stated or charged, this paragraph of the notice to be
omitted), in said petition is (or are) as follows, viz:

And it appearing that the following persons and classes of per-
sons, own or claim or possibly own or have or claim some night.
title, estate or interest in or to the land (or the estate or interest
in the land) or some part or parts of the land sought to be can-
demned or in or to the proceeds arising upon a condemnation
thereof, viz: (set out names, omitting residence and addresses un-
less otherwise ordered, by the court or the judge, of all the persons
and classes of persons appearing in the petition or in the exhibit
or exhibits thereto).

This, therefore, is to notify and to warn all of said persons, and
the heirs or devisees and the personal representatives of such of
said persons as are dead, and all of the persons constituting mem-
bership in said classes of persons and each and every of them, and
all persons whomsoever owning or claiming any right, title, es-
tate or interest 1n or to said land or any part of same (or in or to
said estate or interest in said land), or in.or to the proceeds aris-
ing upon a condemnation thereof, to appear before the said circuit

court of ............ county, Virginia, or before the clerk of said
court, at the courthouse, in ............ , Virginia, on or before
the ...... day of .......... , nineteen hundred and ...., and as-

sert and present, by appropriate pleadings, their several or re-
spective claims or demands; and upon the failure of any of such
persons to so appear and assert and present their claims or de-
mands, the statements and charges in the petition will be con-
sidered by the court or judge upon the hearing of the petition and
the notice or notices in this case, as admitted by such persons, and
this case will thenceforth be proceeded in ex parte as to them; with
the result, of which the aforesaid persons and classes of persons
are hereby specially warned that, through a failure to appear and
assert and present their claims or demands, as aforesaid, it is
sible that said persons or some of them will be defeated in en-
orcing their claims or demands, and they may lose the same.

But such of said persons and classes of persons, who do not
own or have or claim said land (or said estate or interest) or any
part of same or a right to or interest in the proceeds arising from
said condemnation, need give no further heed to this notice and
warning.

It is ordered that a copy of this notice be published in the
See e nee of .......... county (or counties), Virginia, once a
week for four consecutive weeks, and that a copy (or copies) be
posted at the front door (or doors) of (or at the usual posting

place in or about) the courthouse (or courthouses) of ...........
county (or counties), Virginia.

Witness my hand, at office, in ............ ; Virginia, and the
seal of our said court, this .... day of .......... , nineteen hun-
dred and .........

(SEAL) Clerk of the circuit court of .......... county,
Virginia..... 2... cee. eee

The above notice may be signed by the deputy clerk, for and
on behalf of the clerk: and, for preparing this notice the clerk shall
be entitled to a fee of three dollars and a fee of one dollar for each
extra copy of same required to be made, the same to be taxed as
a part of the costs of the case. - .

The notice shall also contain any additional matter which the

court or the judge in the order for notice may specially direct to
be stated therein, including such of the residences or the addresses,
as shown in the petition, of the owners as the court or the judge
may be of opinion should be included in the notice; and in tho
discretion of the court or the judge the number of the publica
tions of the notice, in any of the newspapers designated, may be
increased not. to exceed eight.

Sufficient proof of the Tue publication of the notice, in any des-
iznated newspaper, and of the cost or fees therefor shall consist of
an affidavit of the publisher or a proprietor or the editor or the
business manager of the newspaper making the publication, at-
tached to a ‘copy of the notice as published, with a statement of
the cost or fees therefor, to the following effect:

PuBLISHER’s AFFIDAVIT.

State of Virginia, county of .............. ) ss.

Before me, the undersigned, a ............ , this day personally
CAME ........-0 eee , who being first duly sworn according to lav,
says that he is the .......... of ............ A: re news-
paper, published at ............ , in the said county and State.
and that the publication, of which the annexed is a true copy, Was
published in said paper on the ........ day of .......... , nine-
teen hundred and .......... , and once a week thereafter for ......

consecutive weeks, and that the rate charged therefor 1s not in ex-
cess of the commercial rates charged private individuals with the
usual discounts.

(Signature of affiant)

Subscribed and sworn to before me this ...... day of ...... ,
nineteen hundred and .............

(Official title)

The clerk of the court shall, as early as practicable, and not ex-
ceeding five days, unless otherwise ordered, after the date of the
order For notice, make and deliver to the sheriff of the county 1
the circuit court of which the condemnation proceedings is pend-
ing, a sufficient number of copies of the notice, for the purposes of
posting and return, as herein provided. The sheriff, either in per-
son or by deputy, shall as early as practicable and not exceeding
five days, unless otherwise ordered, after receipt of such copies.
post or cause to be posted one copy of the notice at the front door
of the courthouse (or at the usual posting place for legal notices
in or about the courthouse) of each county wherein the land or
any part of the land is situated, and he shall make due return, upon
one of the copies of the notice, to the court; which return, when
made to the following effect, shall be sufficient proof of such post
ing:
I certify that I posted (or caused to be posted) a true copy of
the within notice at the front door of the courthouse (or at the
usual posting place for legal notices in or about the courthouse) of
nineteen hundred and .......... , (or if more than one county),
at the front doors of the courthouses or at the usual posting places

in or about the courthouses of .......... counties, Virginia, on the
wTTT . day or days of .........., nineteen hundred and .........
Witness my hand this ....... day of ........ , nineteen hun-
dred and .............
Sheriff of ............ county, Virginia.

The sheriff may execute his return by and through his duly
authorized deputy; and he shall be allowed a fee of seventy-five
(75c) cents for a posting in his county, and a fee of two dollars
2.) together with his expense of necessary travel and subsistence
or each posting in any other county, the same to be taxed as a
part of the costs of the case.

_ The clerk of the court, or his deputy, shall, as early as prac-
ticable and not exceeding twenty days, unless otherwise ordered,
after the first publication of the notice, mail to each person shown
In the petition to be a resident of the State of Virginia, to such
person’s address as stated in the petition a copy of the newspaper,
or one of the newspapers, containing the notice; and for this pur-
pose the newspaper or newspapers making such publication shall
furnish to the clerk a sufficient number of such copies, the cost of
which is to be included as a part of the aforesaid cost or fees for
publishing the notice; and the clerk shall make and file as a part
of the record in the case a certificate showing that he or his deputy
has mailed the copies as herein provided, which certificate shall
be substantially to the following effect:
United States of America,

VS. No. ...... , At law.
(A. B.) et als. and ........ acres of land in

wei imm mee me county, (or counties), Virginia.

I certify that on .......... , nineteen hundred and .......... :
I mailed, in the post office at ............ , Virginia, one copy of
the (name of newspaper) containing a publication of the notice
Of .......... , nineteen hundred and .......... , in this case, to
each of the persons appearing, from the petition herein, to be a
resident of the State of Virginia, to the address of each person as
stated in the petition.

Witness my hand this .......... day of .........., nineteen
hundred and .............
Clerk of the circuit court of ........ county, Virginia.

The above certificate may be signed by the deputy clerk for
and on behalf of the clerk; and the clerk shall be entitled to a fee
of twenty-five (25) cents for each copy of such newspaper mailed
as aforesaid, together with reimbursement for the expense of pos-
tage, the same to be taxed as a part of the costs of the case.

_ Inasmuch as the notice by publication and by posting, as here-
In provided, except when otherwise specially ordered and directed
by the court or the judge, is intended to be entirely sufficient for
all purposes in fully accomplishing any condemnation sought un-
der the provisions of this act, and in making a complete and final
distribution among those entitled thereto, of the proceeds arising
from such condemnation; and inasmuch as the only purpose in
requiring the mailing of newspapers containing the published no-
tice 1s to bring about a possible wider distribution or circulation of
the notice, a failure of any newspaper so mailed to reach or to be
delivered to or received by any person, to whom the same has been
mailed, or a failure of the clerk to mail a copy of such newspaper
to any person shown in the petition to be a resident of the State
of Virginia shall, in either or in any of said events, be deemed and
held to be immaterial and as in no way nor to any extent affecting
or modifying the effect of the notice by publication and posting, in
respect of the sufficiency of such publication and posting as notice
to such persons and every of them so far as any right, title, estate
or interest in the land, or the estate or interest therein sought to
be condemned, which they or any of them own or claim, is con-
cerned.

Sec. 9. That the aforesaid notice, when published and posted,
as herein provided, shall be deemed and hold sufficient process for
all purposes in any condemnation proceeding under the provisions
of this act, without the issuance of summons or of other original or
mesne process; and in the event that any person named or desig-
nated or referred to in the petition is dead, having died either be-
fore or after the filing of the petition, 1t shall not be necessary to
add the names of the heirs or devisees or personal representatives
of such deceased person to the petition nor to incorporate the names
of such heirs or devisees or personal representative in the notice by
publication and posting; but such notice containing the warning
provided in clause (1) of the second paragraph of section (8) of
this act, when published and posted as required, shall be as sufficient
and as effective in respect of such heirs or devisees or personal rep-
resentative and of any right, title, estate, claim or interest which
they or any of them own or have in or to the land or the proceeds
arising upon a condemnation thereof as though each of such heirs
or devisees and such personal representative were specifically named
in the petition and in the notice.

Sec. 10. That it shall not be necessary to serve notice of the pe-
tition nor of the condemnation sought upon any of the persons, per-
sonally, who are named or designated or referred to in the petition;
except that, at any time prior to the judgment fixing the award for
the land condemned, the court or the judge, in its or his discretion,
may specially direct, by an order to this effect, that notice be served,
personally, upon any of the persons named or designated or referred
to in the petition or upon any other person or persons, appearing to
own or to have a material interest in the land or its proceeds, who
are residents of Virginia; but at all times after the making of
any order directing such personal service and for any reason ap-
pearing as satisfactory to the court or the judge, the court or the
judge may vacate or set aside, either in whole or in part, such order;
and if it shall appear from the return or returns of the sheriff or
sheriffs to whom such notice or notices are delivered for personal
service, that any of the persons appearing in such notice or notices
are dead or are not found after diligent search in the county of
their residence as stated in the notice or are non-residents of Vir-
ginia, such return or returns shall, without the entry of any fur-
ther order, have the effect of vacating and setting aside the order
directing personal service of notice in respect of each and every
erson as to whom any return of the character stated is made; and
in the event that the order directing such personal service is va-
cated or set aside either by order of the court or the judge, or by
the effect of a sheriff’s return upon a notice, the aforesaid notice by
publication and posting shall be in all things sufficient and effective,
as to the persons in respect to whom such order is vacated or set
aside, and any right, title, estate or interest in the land or its pro-
ceeds owned or claimed by them or any of them, for any and all
objects or purposes authorized under the provisions of this act.

If the petitioner shall so desire, notice or notices of the petition
and of the condemnation sought may be issued to be served per-
sonally upon any of the persons named or designated or referred to
in the petition, who are residents of the State of Virginia; but
nothing contained in this act shall be construed or held to require
an issuance of notice for and a personal service of such notice upon
any person or persons, except only such as are specially designated
for personal service, as aforesaid, by the court or the judge.

In the event or events of notice or notices for personal service
being ordered and directed by the court or the judge or being de-
sired by the petitioner, the clerk of the court shall prepare and de-
liver such notice or notices to the sheriff or sheriffs of the county or
counties of the residence of the persons to be served, with sufficient
copies of such notice or notices to enable such sheriff or sheriffs to
deliver to or to leave for each person to be served one copy of such
notice. The form of such notice, to which shall be attached the sig-
nature of the clerk and the seal of the court, shall be substantially
as follows:

In the circuit court of .......... county, at .......... , Virginia.

Notice oF CONDEMNATION.
The United States of America,
vs. No. ..... , At law.
(Name of one or more defendants), et al., and
ences acres of land in .......... county
(or counties), Virginia.
To (name or names and address or addresses of the person or per-
sons to be notified in any one county):

You and each of you are hereby notified that, in this suit the
(name of petitioning government) seeks to acquire, by condemna-
tion, for its uses, for (state briefly the purpose and object for which
the land or estate or interest therein is desired), a fee simple title
to (or the following estate or interest, viz. .......... in) a tract
of ........ acres of land, situated in the .......... district (or
districts) of .......... county (or counties), Virginia, known (if
the land has a name or designation by which it is generally known)
as the “.......... land or tract,” (or if more than one tract, con-
sisting of, the following number of tracts, viz: a tract of ........
acres, situated in the .......... district or districts of ..........
county or counties, Virginia, known, if there is a general name by
which the tract is known, as the “............ land or tract,” and
so forth, in respect of each several tract); a complete description
(or descriptions) of said land (or tracts), by metes and bounds (or
by established legal sub-divisions), is (or are) on file in my office,
as a part (or parts) of the petition for condemnation in this case:
and you are hereby referred to the same for a fuller description
(or descriptions).

The value of said land, (or the estate or interest therein), or
the value of each of the several tracts. (or of the estates or inter-
ests therein), as stated or charged, (if so stated or charged, and
if not so stated or charged, this paragraph of the notice to be
omitted), in said petition is (or are) as follows, viz:

This, therefore, is to notify you and each of you that, if you
claim any right, title, or estate or interest in and to said Jand, or
any part or parts of same (or said estate or interest in said land).
or in or to the proceeds arising upon a condemnation thereof, to
appear before our said circuit court for ............ county, Vir-
ginia, or before the clerk of said court, at the courthouse, in ......
seeees , Virginia, on or before the ...... day of .........., mine-
teen hundred and ........... (stating the day as fixed in the order
for personal service, and if no day is fixed in such order, the day
certain designated in the order for notice by publication) or on or
before three days after the service of this notice upon you (in the
event the day as above stated shall have passed at the time of the
service of this notice upon you), and assert and present by appro-
priate pleadings the several or respective claims of right, title, es-
tate or interest which you and every of you own or have in or to the
land (or the estate or interest in the land) sought to be condemned
in this suit or in or to the proceeds arising from a condemnation of
the same, and that you then and there do what is necessary to
protect your interests, if any; and upon your failure so to do,
you are hereby notified and warned that the statements and charges
in the petition for condemnation will be considered as admitted by
you, and this case will thenceforth be proceeded in ex parte as to
you.

Witness my hand, at office, in .......... , Virginia, and the
seal of our said court, this ........ day of ............ , nineteen
hundred and ............008.

(Seal) Clerk of the circuit court of ........ county, Virginia,

The notice for personal service may be signed by the deputy
clerk, acting for and on behalf of the clerk; and for preparing
and issuing each original of said notice the clerk shall be entitled
to a fee of two dollars ($2) and for each copy of such notice re-
quired to be made a fee of fifty (50) cents, to be taxed as a part
of the costs of the case.

The notice for personal service shall be executed upon each
person named therein by the sheriff or his deputy at least three
days prior to the day for appearance as fixed in such notice; but
no notice having issued shall expire or become void while in the
sheriff’s hands unexecuted, because of a failure to serve the same
at least three days prior to the day for appearance. In such cir-
cumstances the sheriff may, unless the notice be recalled by order
of the court or the judge, serve the same at any time subsequent
to the day for appearance or the three days prior thereto; provided,
that any person served with such notice shall have at least three
days, after such service to make his appearance and to otherwise
comply with the conditions or requirements contained in the notice.
The sheriff shall make due return to the court of his action in
respect of executing any notice delivered to him; and the method
of personally serving any notice issued under the provisions of
this act and the evidence of such service shall be the same as
provided by section thirty-two hundred and seven of the Virginia
Code (Pollard, nineteen hundred and four) prescribing “mode of
serving notice; evidence of service.”

If in any case all of the persons named or designated in the
petition are personally served with a notice, of the form and
character as herein provided for personal service, and the peti-
tioner shall not desire to notify and to warn generally “all per-
sons whomsoever,” as provided for in the notice by publication, the
notice by publication and posting shall not be necessary and the
same may be dispensed with; but in such event the judgment of
condemnation, hereinafter provided for, shall affect only the per-
sons who are so served and shall divest only the rights, titles,
estates and interests of such persons in and to the land or the
estate or interest therein and vest the same in the petitioner.

In cases where publication and posting of notices are dispensed
with, the court or the judge, at any time after the filing of the
petition, may and upon application of the petitioner shall fix a
day certain, in term or in vacation, for the appearance of the per-
sons to be notified.

Sec. 11. That on the day next succeeding the day certain fixed
by the court or the judge in the order for notice, or where publica-
tion and posting are dispensed with, the day certain for the ap-
pearance of persons notified, except where such succeeding day 1s
Sunday or a legal holiday (in which event, on the day next suc-
ceeding such Sunday or legal holiday), or on any subsequent day
to which the pyoceedings may be adjourned, or at a subsequent
regular or special term, the court or the judge shall consider the
petition, the notice or notices which have been published and posted
or which have been personally served, the answers or other plead-
ings filed in the case by any of the parties, and the objections, if
any, of any person having a material interest, to the proposed con-
demnation, and if satisfied upon such consideration that the peti-
tioning government is entitled to the relief demanded or sought
in the petition, and that notice has been given as herein provided,
shall make and direct an order setting the case for hearing at the
same term, if a term is then being held, or at the next succeeding
general or special term, if said consideration occur in vacation;
and at the term at which the case is so set for hearing, or at any
succeeding term to which the case may be adjourned, or at any
later term whether the case has been formally adjourned or con-
tinued thereto or not, the court shall determine the value of the
land or of the estate or interest therein and the damages, if any,
sustained by or through the proposed condemnation, regardless
of any and all conflicting claims of right, or title, or estate, or in-
terest in or to the premises; provided that, if the value of the land
or the estate or interest sought to be condemned is stated or charged
in the petition and such value has been set out or stated in the
notice or notices, the value, as stated and charged in the petition
shall, upon the hearing of the case, be accepted as final and con-
clusive as to the right, title, estate and interest of all persons and
classes of persons whomsoever affected by the notice or the notices
which have been published and posted or served personally, ex-
cept as to the right, title, estate and interest of any person or
party who has appeared in said case and who denied or disputes
such value; provided that if upon such hearing it shall appear
that any of the parties are infants, or insane, or under other legal
disability, the court shall inquire into the rights of such parties,
and if the court find that they or any of them are invested with
any actual claim of might, title, estate or interest in or to the land
or estate or interest to be condemned, the court shall ascertain and
determine the value of such claim or claims, independent of any
statement or charge in the petition upon the subject.

Upon the demand of any person owning any right, title, estate
or interest in the land or the estate or interest to be condemned
or having any real claim in or to the proceeds thereof and entitled
to be heard at such hearing by the court, upon the value of the
the land or estate or interest proposed to be condemned, the fact of
such value shall be submitted to and ascertained by a jury, under
the instructions of the court upon the law and upon the relevancy
and the legal effect of evidence, in the same manner as is usual and
customary in jury trials in cases at law, without the necessity of a
view of the premises by the jury. And in no event shall it be re-
quired nor shall it be proper or permitted, except as herein pro-
vided, for the court or judge to appoint commissioners to go upon
or to view the land to be condemned for the pu e of making a
report thereon as to value or compensation, to the court, except
that in all cases in which there is a substantial and material con-
troversy or dispute as to the value of the land or the estate or
interest proposed to be condemned, and upon the hearing of which
the evidence offered upon the subject of value is so vague or uncer-
tain or generally unsatisfactory as, in the opinion of the court, to
not justify or warrant a judgment of award being based thereon,
the court may appoint five disinterested freeholders, resident in
the county wherein the land in question or the greater part of same
ig situated, any three or more of whom may act, for the purpose
of going upon and viewing said land and of ascertaining and of
reporting to the court a just compensation for said land or the
estate or interest therein proposed to be taken; and in appointing
such commissioners the court shall make an order defining their
duties and fixing the time or times for them to go upon and view
the land and prescribing such oath as they shall take before en-
tering upon a performance of their duties; but in no case shall
commissioners be appointed to go upon or view any land where,
on account of the nature or location of the land, it is impossible
or impracticable for the commissioners either to actually go upon
the land or, having gone upon it, to make a thorough examina-
tion of the land within a reasonable time. Where such commis-
sloners are appointed during the hearing of a case, the further
hearing of the case shall be adjourned or continued until the com-
ing in of the report of the commissioners; and such report when
made shall not be conclusive upon any party to the case, but the
same shall be received in the case and treated as evidence, to be
considered with any other evidence in the case in arriving at the
fact of value.

Sec. 12. That upon the value of the land, or the estate or in-
terest therein, being ascertained or determined, in accordance with
the provisions or any of the provisions of section eleven (11) of
this act, judgment as in rem shall be entered by the court, con-
demning the land, or estate or interest therein, sought to be con-
demned, to the use of the petitioning government upon such gov-
ernment paying into the custody of the court, for the use and
benefit of the person or persons entitled thereto, the sum or sums
ascertained or determined, as aforesaid; and such sum or sums
shall be stated or set out in said judgment as constituting the
award for the land or estate or interest condemned. Such judg-
ment, upon a compliance by the petitioner with the conditions
therein, shall be effective and sufficient to divest any and all right,
title, estate, claim and interest of the persons named or designated
or referred to in the petition, and of all other persons whomso-
ever in and to the land, or the estate or interest therein, condemned,
out of them and each and every of them and to vest the same in
the petitioning government, anything contained in any existing
statute, law, or rule of procedure in the State of Virginia to the
contrary notwithstanding; except that in cases where publication
and posting of notice are dispensed with, the effect of said judg-
ment shall be limited to the rights, titles, estates, claims and in-
terests of the person or persons who have been personally served
with notice.

The foregoing judgment shall be final as to the condemnation
sought in the petition and as to the value of the land, or the estate
or interest therein, condemned, and the petitioner or any party to
the suit who thinks himself aggrieved by said judgment may apply
for, and if granted, prosecute a writ of error or supersedeas there-
to, in accordance with the provisions of chapter one hundred and
seventy (170) of the Code of Virginia (Pollard, nineteen hundred
and four, pages eighteen hundred and thirty-five, et seq.), relating
to appeals, writs of error and supersedeas; provided, that no peti-
tion for such writ of error or supersedeas shall be presented after
thirty (380) days shall have elapsed from the date of said judg-
ment; and provided further, that any writ of error or super-
sedeas, in any case under the provisions of this act, shall be dis-
missed unless the record with the petition, as required by section
thirty-four hundred and seventy-four of the Code of Virginia
(Pollard, nineteen hundred and four), is delivered to the clerk of
the appellate court within sixty (60) days from the date of said
judgment.

Unless a writ of error or supersedeas shall have been granted
and record with the petition delivered to the clerk of the appellate
court as above provided, or at any time after a dismissal of a writ
of error or supersedeas in respect of any judgment allowing the
condemnation sought and making an award therefor, the petition-
ing government may pay the amount of the award, as stated or
set out in the judgment of condemnation, into the custody of the
court, and upon such payment, the said government shall not there-
after be concerned with nor in any way responsible for the dis-
position or distribution of the fund so paid into the custody of the
court; and after such payment no action shall be brought by any
person, whether such person appeared or not, to recover com-
pensation for the taking of the land, or the estate or interest
therein, condemned; except that in cases where notice by publica-
tion and posting has been dispensed with, the bar to the bringing
of any action shall apply only to the persons or parties who have
‘been personally served with notice.

Sec. 18. That the clerk of the court wherein condemnation is
had shall, upon application of the petitioning government or of
any interested person, make and certify a copy of so much of the
orders, judgments and proceedings in the case as shall show such
condemnation, including therein a description of the land, or the
estate or interest in the land, condemned, and shall deliver or
transmit the same to the clerk of the court of each county or city
in which any portion of the land is situated, who shall record the
same in his deed book and index it in the name and style of the
case and also in the name of the government acquiring such land
or estate or interest. The fees of the clerk for recording shall be
the same as for recording a deed, and said fees, as well as the
fees of the clerk for making the certified copy, shall be paid by the
government or by the person applying for said certified copy and
at whose instance said recordation is made.

Sec. 14. That upon the award for the condemnation being paid
into the custody of the court or at any time thereafter, either in

term or in vacation, any party to the suit or any person having a
material interest in such fund may apply to the court or to the
judge for an order or judgment for the distribution of said fund;
and if upon such application it shall appear that the petition for
condemnation states or charges the person or persons or classes
of persons who, in the opinion of the petitioner, are invested with
the superior or the better right or claim of title in and to the
land, or the estate or interest therein condemned in or to the pro-
ceeds arising upon a condemnation thereof, and the extent or the
relative proportions, as among such persons, of such ownership or
claim, and that the record in the suit does not disclose any denial
or dispute, by any party or person in interest, of such statement
or charge in the petition, the court, if such application is made in
term, or the judge, if such application is made in vacation, shall
make an order, which shall be entered in the case and which shall
be forthwith carried out, directing that the fund, after the pay-
ment therefrom of any taxes as hereinafter provided, be disbursed
and distributed in accordance with said statement or charge in
the petition, among the parties or persons entitled thereto; except
that in respect of any parties appearing to be infants, insane or
under other legal disability, the court or the judge shall inquire
into their rights or claims, upon the evidence, independent of any
statement or charge in the peition; and any order for distribution
shall conserve and} protect the rights of such parties in and to the
fund; and to this end the court or the judge shall have power to
direct that a sufficient part of the fund be reserved in the custody
of the court for conserving and protecting the rights or claims of
such parties; and in the event the whole fund is distributed, to re-
quire such indemnity from the person or persons receiving the fund
as in the discretion of the court or judge will fully conserve and
protect the rights and claims thereto of all parties or persons who
are under legal disability.

If at any time after the payment of said award into the custody
of the court it shall appear to the court or to the judge that there
is controversy among the claimants to the fund, as to the owner-
ship of same, or that any of the parties to the suit are infants or
insane or under other legal disability, the court or the judge shall
make and direct an order setting a time, which may be at a present
term, if the court be then in session, or at any succeeding regular
or special term, for hearing the case and determining the rights and
claims of all persons entitled to the fund or to any interest or share
therein; and such hearing may be adjourned from time to time or
from term to term, as the necessities of the case or of a full, com-
plete and just determination of the rights and claims of all persons
in interest may require; and in order to enable or to assist the court
in determining a proper disposition or distribution of the fund, the
court may have inquiries by a commissioner to ascertain what per-
sons are entitled thereto and in what proportions, and may make
an order of publication requiring all persons interested to appear
before the commissioner and present their respective claims in order
that the same may be passed upon.
In order to properly determine conflicting rights or claims of
claimants to the fund, the court shall have power to direct issues
to be made up between such claimants and to require them or any
of them to enter into such bond or security for the costs incident
to or arising upon a prosecution of their claims, as shall seem to
the court meet and proper; but no cost incident to nor arising out
of a trial or a determination of such issues or out of a determina-
tion of the ownership of the fund or the distribution or disburse-
ment thereof shall be adjudged against the petitioning govern-
ment.

On application to the court by any party in interest, the ma-
terial facts, if disputed or if in controversy, affecting the right or
claim of such party to the fund or to a part or share therein shall
be submitted to and ascertained by a jury under the instructions
of the court upon the evidence.

Upon a determination by the court or by the court and jury
of the rghts and claims of the persons entitled to the fund, a
judgment in accordance with such determination shall be entered
directing a disbursement of the fund and a distribution of the
same among the persons entitled. Such judgment shall be final,
and any party who thinks himself aggrieved thereby may apply
for and prosecute a writ of error or supersedeas thereto accord-
ing to the provisions of section twelve (12) of this act.

Sec. 15. That at any time after the order or judgment of dis-
tribution and before the final disbursement of the fund or award

aid into the custody of court as aforesaid, any person may appear

fore the court or the judge and make application to have him-
self made a party to the case; and upon good and sufficient cause
shown and upon complying with such order as the court or judge
shall make in respect of such person’s prosecuting his claim to the
fund or to a part thereof, such person shall become a party and,
upon establishing his claim, shall be entitled to share in the dis-
tribution of the fund or of the part of the fund then remaining
in the custody of the court.

Sec. 16. That if any person having or claiming any right, title,
estate or interest 1n the land, or estate or interest therein, to be con-
demned be an infant, or insane or under other legal disability, and
such fact be made to appear, the court or the judge shall have
power to appoint a guardian ad litem to appear for and to repre-
sent such person.

Sec. 17. That any one or more tracts of land, the acquisition of
which is desired by the petitioning government for the same uses
and purposes, whether owned or claimed by the same or by dif-
ferent persons and whether adjacent to and joining each other or
entirely separated and wholly removed each from the other, may
be condemned in one proceeding; but such tracts as are claimed
under different ownerships, so far as the petitioner may have as-
certained such ownerships, shall be separately described in the peti-
tion or in the exhibit or exhibits thereto, and separately designated
in the notice or notices herein provided for.
_ Sec. 18. That the court or the court and jury under appropriate
instructions of the court may ascertain separately the value or
values of any portion or portions of the land to be condemned or
of any estate or interest therein or of any tract or part of a tract
composing the land.

ec. 19. That all taxes due or exigible upon the land or the
estate or interest therein, condemned, at the time that title thereto
shall be vested in the petitioning government under the judgment
of condemnation as aforesaid, shall be paid out of the sum or
sums pald into the custody of the court, in virtue of such judgment;
and to this end the proper tax collectors of the State and of the
county or town wherein the land is situated, may appear in court
or before the clerk of the court to fix the amount thereof.

Sec. 20. That at all times during the pendency of any con-
demnation proceeding under the provisions of this act, the court
or the judge shall have power to make and direct any order in
the case, not inconsistent with the provisions of this act, which in
the opinion of the court or the judge is necessary or proper to cor-
rect any error or omission in the course of the proceeding, or which
will advance to an early consummation any condemnation au-
thorized hereunder or accomplish an early distribution, among the
persons entitled, of any fund paid into the custody of the court;
and the court or the judge shall at all times have power to make
and direct any order allowing any amendment or amendments to
the petition or to any pleading, or extending the time or times for
appearances and pleadings, and any order directing or permitting
an additional publication or posting or a republication or repost-
ing of notice or the reissuance of any notice which, in the circum-
stances of any case, shall seem meet to the court or the judge; and
the court or the judge shall in every case have discretionary power
to enlarge or to restrict the time or the times, as herein provided,
for the performance of any duty or duties imposed upon the clerk
of the court or the sheriff or sheriffs, and to make any order in
respect thereof, either before or after the time or times as herein
provided shall have passed, as may seem to the court or the judge
necessary or proper in any circumstances which may arise in order
to bring about the performance of such duty or duties with the
least delay or confusion.

Sec. 21. That the judgment of condemnation and the award
thereunder shall in any case conducted under the Provisions of this
act, be conclusive as to any and all damage or damages resulting
from any condemnation accomplished hereunder to the adjacent or
other property of the owner or owners of the land or the estate or
interest therein taken, or to the property of any other person or
persons; provided there has been incorporated in the notice pro-
vided in section eight (8) of this act, and published and _ posted
as therein required, the following notice and warning, which may
be inserted in said notice between the word “thereof” (in the phrase
ending “proceeds arising upon a condemnation thereof”) and the
word “to” (in the phrase beginning “to appear before the said
circuit court”), viz., and all other persons whomsoever, whose prop-
erty or properties will be damaged by the taking of the herein
referred to land (or estate or interest) or by the use of the same,
for the purpose and object herein stated, by the (name of peti-
tioning government), beyond the peculiar benefits that will accrue
to such property or properties of such persons from the acquisition
of the land (or estate or interest) sought to be condemned and
the use of same for the purpose and object shown.

And provided further that in the event of any of such persons

appearing and making claim on account of such incidental damage
or damages, their claims shall be considered and heard and deter-
mined in the same manner and under the same conditions as herein
provided for the consideration and hearing and determination of
the rights and claims of the owners to the land, or the estate or
interest therein, sought to be condemned; and upon any of such
persons establishing a legal claim to such incidental damage or
damages, the court, in the judgment of condemnation, shall in-
clude in such judgment an award therefor to the extent of the
amount of such damage or damages.
- Sec. 22. That in any case the petitioner shall have the right at
any time, elther before or after a Judgment of condemnation has
been entered, to dismiss the proceeding in respect of any tract or
any part of a tract or any estate or interest in any tract, described
or referred to in the petition as a part of the land to be condemned,
which for any reason the petitioner decides to not acquire, and
upon the petitioner’s application an order of dismissal as to the
tract or part of a tract or estate or interest which is not desired,
shall be entered; but such order shall in no wise nor to any extent
affect the remaining land or estate or interest involved in the suit
or interfere in any way with the condemnation of the same.