Chap. 370.—An ACT to authorize boards of supervisors to fell, or fell and re-
move, trees along public highways, and to keep the lands along such high-
ways cleared of growing trees; also providing for procedure under, this act.

B 382]
Approved March 20, 1920.

1. Be it enacted by the general assembly of Virginia, That when-
ever the board of supervisors of any county shall be of opinion that
it is expedient that growing trees within fifty feet of each side of any
public highway in the county should be felled, or felled and removed,
it may appoint five viewers who shall be resident freeholders of the
county, any three of whom may act, or it may direct the county or
district superintendent of roads to examine the particular road and
report upon the expediency of felling, or felling and removing, the
growing trees within fifty feet of each side of the road.

2. The said viewers shall, as early as practicable after receiving
the order of the said board to that effect. proceed to make the view,
and if they are of opinion that it 1s expedient to do the things men-
tioned in the preceding section of this act, or either of them, they
shall so report to the board of supervisors, stating the probable cost
of the work outlined, the names of the land owners and tree owners
on such road who would be affected; which of such land owners and
tree-owners require compensation; what will be a just compensation
for the trees to be felled, or felled and removed; which owners of the
trees will agree, in the event that the trees are allowed to be removed
by the owner, that the value thereof shall be deducted from any damage
sustained by the felling of the trees, if such damage be greater than
the value of the trees; all other facts and circumstances in their opin-
ion useful in enabling the board of supervisors to determine the
expediency of felling, or felling and removing, the trees; and they
shall file such report with the clerk of the board. In the event that
some of the owners do not require compensation and they will execute
written consent giving the right of felling, or felling and removing,
said trees, said superintendent or viewers shall obtain such consent and
return it with their report, and such written consent shall operate
and have the force and effect of a deed from the owners and the same
shall be recorded in the deed books of the county. Should any of the
tree owners or land owners require compensation and not unite in such
deed the subsequent proceedings as to them shall be as hereinafter
provided.

3. At the next meeting of the board of supervisors after receipt
of said report, unless the opinion of said board be against felling, or
felling and removal, as the case may be, it shall require its clerk to
issue process to summon the owners of the trees and lands to show
cause against the same. The summons shall be directed, executed and
returned as a summons may 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 have no agent or tenant known to the
board of supervisors or its clerk residing therein, or if the true
owners or proprietors be not known to the said clerk or board, the said
clerk or board may order notice to all whom it may concern to be
published for four successive weeks in some newspaper of general cir-
culation, or posted at the front door of the court house of the county
on some court day to appear and show cause against the felling, or
felling and removal, of the trees mentioned in this act, as the case may
be. The cost of such publication shall not exceed the cost of publish-
ing an order under section six thousand and seventy-four of the Code
of Virginia, and shall be paid by the county. Personal service of said
summons on a non-resident and return thereof may be in the mode and
with the effect prescribed by section six thousand and seventy-one
of the Code of Virginia.

4. Upon the return of said process duly executed, defense may
be made to the said proceedings by any party, and the board of super-
visors may bear testimony touching the expediency or propriety of
1920. ] ACTS OF ASSEMBLY. 559

felling, or felling and removing, the trees aforesaid. Upon such hear-
‘Ing, unless the board of supervisors be of opinion that the trees ought
not to be felled, or felled and removed (in which case it shall so order)
it shall proceed to fix a just compensation to the owners aforesaid,
and the damages accruing from felling, or felling and removing, the
trees.

But if any owner of such lands or growing trees desire it, or if
the board of supervisors see cause for so doing, it shall appoint five
disinterested resident freeholders of the county as commissioners (any
three of whom may act) for the purpose of ascertaining a just com-
pensation to the said owners. They shall meet on the lands of such
proprietors as may be named in the order of the board of supervisors
at a certain place and day therein also specified, of which notice shall
be given by the sheriff to such owners or their agents, except only
that it need not be given to one present at the time of making the
order. Any one or more of the commissioners attending on the land
as aforesaid may adjourn from time to time until the business shall
be finished. The commissioners in the discharge of their duties
shall comply in all respects with the provisions of chapter one hundred
and seventy-six of the Code of Virginia concerning the exercise of
the power of eminent domain so far as applicable, and forthwith make
return of their report, properly sworn to, to the board of supervisors,
and unless good cause be shown against the report the same shall be
confirmed. If, however, good cause be shown against same, or the
commissioners report their disagreement or fail to report within a rea-
sonable time, the board of supervisors as often as seems to it proper
may appoint other commissioners for the purpose of ascertaining the
compensation aforesaid. When any report is confirmed, the board of
supervisors shall order the trees in question to be felled, or felled and
removed, as to it may seem proper, and further provide for the pay-
ment of the compensation allowed.

If any such owner be dissatisfied with the decision of the board
of supervisors in respect to the felling, or felling and removal, of the
trees, or the amount of compensation allowed, he may of right 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 said court shall
ascertain and by its order determine, first, whether said trees ought
to be felled, or felled and removed, in any event; and, if so, where
located ; second, if felled, or felled and removed, the amount of com-
pensation to which such owner is entitled, and shall certify the same
to the said board of supervisors, who shall proceed to carry out the
judgment of the court, but the board of supervisors shall be sum-
moned to appear at the hearing of said appeal before the circuit court
and due weight shall be given by the court to the financial condition
of the county as it may appear from all the evidence produced.

5.. The compensation of the viewers under this act shall be in
conformity with the provisions of section one thousand nine hundred
and eighty-three of the Code of Virginia, and all the provisions of
chapter eighty-four of the Code of Virginia, except to the extent that
the same may be in conflict with this act, or incompatible with the sub-
ject matter hereof, shall be applicable.

6. No fruit, nut or ornamental trees and no tree situated in the
yard of any dwelling house, school, courthouse, or other structure shall
be interfered with in any proceedings instituted in pursuance of this
act.
7. The board of supervisors of any county, after it shall have
acquired the right to fell, or fell and remove, any trees under this act.
shall have the further right to keep the lands within the distance
of fifty feet on each side of such highways cleared of growing trees.
and the compensation paid to the tree owner or land owner, or both,
as the case may be, shall include a reasonable compensation for this
additional right hereby conferred, and the records of the board ot
supervisors shall show this fact.