Chap. 66.—An ACT to amend and re-enact section 4362, chapter 176 of the Code of
Virginia of 1919 in reference to the exercise of the power of eminent eels

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Approved February 27, 1924.

1. Be it enacted by the general assembly of Virginia, That section
four thousand three hundred and sixty-two, chapter one hundred and
seventy-six of the Code of Virginia of nineteen hundred and nineteen be
amended and re-enacted so as to read as follows:

Section 4362. Entry for the purpose of examining and surveying
land; liability for injury or trespassing.—Any company chartered by this
State, which is authorized by its charter or by the laws of this State to
condemn lands, or any interest or estate therein, or material or other
property, for its uses, may, by its officers, agents or servants, enter upon
any lands or waters for the purpose of examining the same, and survey-
ing and laying out such as may seem ‘fit to an officer or agent author-
ized by it; provided, that no injury be done the owner or possessor of
the land. But no company shall, under the authority of this section,
throw open any fences or inclosures on any land, or construct its work
upon or through the same, or in any way injure the property of the owner
or possessor without his consent; nor shall a company, under any pro-
vision of this chapter, invade the dwelling house of any person in a city
or town, or any space within sixty feet thereof, without the consent of
the owner, except in the case of a railroad company, when it is decided
by the commissioners (appointed to ascertain the value of the land or
other property, or the interest or estate therein, to be taken) that it
would otherwise be impracticable, without unreasonable expense, to
construct such railroad; and except further in the case of the occupancy
by a railroad company of the streets or alleys, public or private, of any
city or town in pursuance of permission obtained from the corporate
authorities of said city or town; nor shall a company, under any provi-
sion of this chapter, invade the dwelling house of any person in any
county, or any space within sixty feet thereof, without the consent of
the owner, except in the case of a railroad company when it is decided
by the court confirming the report of the commissioners (appointed to
ascertain the value of the land or other property, or the interest or estate
therein, to be taken) that it would otherwise be impracticable, without
unreasonable expense, to construct such railroad, by reason of the con-
formation of the country, and except further in the case of cities or towns
or water or electric light, heat and power companies acquiring property
for the purpose of constructing or maintaining a dam, reservoir or water
works, or to prevent the pollution,of waters in said reservoir or connected
with said water works, when it is decided by the court confirming the
report of the commissioners (appo:nted to ascertain the value of the
land or other property, or the interest or es ate therein, to be taken)
that it wou!d otherwise be impracticable, without unreasonable expense,
to construct or mainta‘n such dam, reservoir or water works, or to pre-
vent the pollution of said waters by reason of the conformation of the
country.