CHAP. 21.—An ACT requiring superintendent of roads to keep roads, foot
and other bridges in repair, prescribing how materials for roads and
bridges are to be procured, how compensation for same shall be fixed
and damages ascertained, and what is not to be interfered HB 4]

Approved September 4, 1919.

1. Be it enacted by the general assembly of Virginia, That
the superintendent of roads shall cause the roads of his county
to be kept cleared, smoothed of rocks and obstructions, of neces-
Sary width, well drained, and otherwise in good order, and Se-
cure from the falling of dead timber thereon. He shall cause to
be placed and kept across every stream where it is necessary and
practicable a sufficient bridge, bench or log for the accommoda-
tion of foot passengers. He may take from the most convenient
land so much wood, stone, gravel or earth as may be necessary
to be used in constructing or repairing any road, bridge or cause-
way therein; he shall take such earth from the most convenient
and the nearest place so as to save the expense of hauling such
earth any distance, and, for the purpose of draining the road,
may cause a ditch to be cut through the lands adjoining the same;
provided, such wood and other materials be not taken from, and
such ditch be not cut through any yard or garden, without the
consent of the owner, and provided said superintendent shall not
cut, deface or destroy any fruit trees nor any ornamental trees
planted or left for ornament or shade, nor any hedge planted or
left as a protection to cattle; provided, further, that the same
does not in any wise interfere with travel along said road. In
counties not having a superintendent of roads, the board of su-
pervisors thereof shal] have all the powers and perform all the
duties mentioned in this section.

2. If the owner or tenant of any such land shall think him-
self injured thereby, and the superintendent of roads, or his
deputy, can agree with such owner as to the amount of damage,
they shall report the same to the board of supervisors, or, if they
cannot agree, a justice, upon application to him. shall issue a
warrant to three freeholders, requiring them to view the said
land, and ascertain what is a just compensation to such owner
or tenant for the damage to him by reason of anything done under
the preceding section. The said freeholders, shall take the oath
prescribed by law and shall accordingly ascertain such compen-
sation and report the same to the board of supervisors. Said
voard may allow the full amount so agreed upon, or reported by
said freeholders, or so much thereof as upon investigation they
may deem reasonable, subject to such owner or tenant’s right of
appeal to the circuit court as in other cases. In counties not hav-
ing a superintendent of roads, if the board of supervisors and the
owner or tenant of any such land cannot agree as to the amount
of damages, the owner or tenant may appeal from the board’s
decision to the circuit court as in other cases.