Chap. 367.—An ACT to provide for clearing trees and underbrush from the
sides of public roads. [S B 252]
Approved March 16, 1918.

1. Be it enacted by the general assembly of Virginia, That
whenever in the opinion of the board of supervisors of any county
it shall be necessary to clear the sides of any portion of a public
road in said county of trees and underbrush, it may appoint five
viewers, any three of whom may act, who shall view such portion
of road and determine and report to the said board what trees
and underbrush shall be cut to a distance on each side of such
road not exceeding twenty feet. excepting that shade trees in yards
appurtenant to residences are excepted and the owners of such
trees and the damage to be suffered by such owners by reason of
such cutting, and thereupon the said board shall allow the said
viewers who have acted three dollars for each day they have been
engaged in viewing such roadsides; shall direct its clerks to issue
summons directed to the owners of such trees, or their lessors, agent
or the representatives of any to appear at some meeting of said
board not less than ten days after the date of such summons to
show cause why the said trees should not be cut and why the sum
recommended by the said viewers should not be accepted as full
compensation for all damage suffered by reason of the cutting of
said trees. If no owner, tenant or agent, or the representative of
any, shall be found in said county, the said notice shall be posted
at the front door of the courthouse of said county on some court
day or published in some newspaper of general circulation in said
county at least three times prior to the date of such hearing. If
any of said parties is aggrieved by the ruling of the board, he may
appeal to the circuit court of said county, which may order or
forbid the cutting of said trees and underbrush and may affirm, in-
crease or diminish the compensation allowed by the board, and its
decision shall be final.

The board shall thereupon order the payment of said compensa-
tion to the parties entitled thereto and shall cause the said trees
and underbrush to be cut and dispose of the same in any manner
it may see fit.

2. And whenever in the opinion of the State highway com-
missioner it shall be necessary to clear the sides of any portion of
a road within “the State highway system” of trees or underbrush,
he may appoint three viewers, any two of whom may act, who shall
view such portion of road and determine and report to the State
highway commissioner what trees and underbrush shall be cut to a
distance on each side of said road not to exceed twenty feet and the
names of the owners of said trees and underbrush and the damage
to be suffered by such owners by reason of such cutting; and there-
upon the said State highway commissioner shall allow each of the
viewers who so acted three dollars for each day they have been
engaged in viewing such roadsides to be paid out of the fund
annually set aside to maintain such roads, payment to be made by
warrants drawn on the treasurer of Virginia by the auditor of
public accounts on the certificates of the State highway commis-
sioner that the persons in whose favor such warrants are proposed
to be drawn are entitled thereto; and the State highway commis-
sioner shall notify the owners of such trees and underbrush, or the
lessors thereof, or the agents or representatives of any, to appear
at the courthouse of the county in which such trees and under-
brush are situated not less than ten days after the date of said
summons to show cause to the said State highway commissioner
or his duly accredited representative why the said trees and under-
brush should not be cut and why the sum recommended by the
said viewers should not be accepted as full compensation for all
damages suffered by reason of such cutting. If no owner, tenant
or agent, or the representative of any shall be found in said county,
then said notice shall be posted at the front door of the courthouse
of such county on some court day, or published in some news-
paper having a general circulation in said county at lease three
times prior to the date of such hearing. If any party feel him-
self aggrieved by the ruling of the State highway commissioner,
or his duly accredited representative, he may appeal to the circuit
court of said county which may order or forbid the cutting of said
trees or underbrush and may increase, decrease or affirm the amount
of the compensation allowed by the said State highway commis-
sioner or his duly accredited representative, and the decision of
the said circuit court shall be final.

The State highway commissioner shall thereupon order the pay-
ment of said compensation to the parties entitled thereto out of the
fund established for the maintenance of said roads, which payment
shall be made by warrant of the auditor of public accounts upon
the treasurer of Virginia upon certificate of the said State high-
Way commissioner as above set forth, and the said State highway
commissioner shall then cause the said trees and underbrush to be
cut and dispose of the same in such manner as he may see fit;
provided that the provisions of this act shall not apply to macadam
water-bound roads.