Chap. 71.—An ACT to amend and re-enact section 4366 of the Code of
Virginia, 1919, in relation to the exercise of the power of eminent domain
and concerning the pay of commissioners. {H B 128]

Approved February 29, 1928.

1, Be it enacted by the general assembly of Virginia, That sec-
tion forty-three hundred and sixty-six of the Code of Virginia,
nineteen hundred and nineteen, in relation to the exercise of the
power of eminent domain and concerning the pay of commissioners,
be amended and re-enacted so as to read as follows:

Section 4366. Appointment of commissioners; their duties;
court to designate time of meeting; adjournment; pay of commis-
sioners._-Upon its appearing that such notice has been given, that
such company has complied with the provisions of section forty-
three hundred and sixty-four, and that the land or other property,
or the interest or estate therein sought to be condemned is wanted
for the uses and purposes of such company, or that property will be
damaged, or 1s likely to be damaged, by the doing of such work of
making of such improvement, though no property or estate be ac-
tually taken, the court of the county or city having jurisdiction
thereof under section forty-three hundred and sixty-one, or the
judge thereof in vacation, shall appoint five disinterested free-
holders, residing in such county or city, any three or more of whom
may act, for the purpose of ascertaining a just compensation for
such lands, or other property, or for such interest or estate therein,
and awarding the damages, if any, resulting to the adjacent or other
property of the owner or to the property of any other person, be-
yond the peculiar benefits that will accrue to such properties, re-
spectively, from the construction and operation of the company’s
work; and in the order appointing such commissioners the court,
or judge in vacation, shall designate the day and hour for them to
meet, which order shall operate as notice of such meeting to all
parties in interest. Any one or more of said commissioners attend-
ing on the land, or other property, may adjourn from time to time,
until the business shall be finished. The said commissioners having
viewed the land, or other property, may, from time to time, adjourn
to such other place in the city or county as they may deem ex-
pedient, for the purpose of hearing. evidence and arguments and
conferring about and formulating their report. The said commis-
sioners shall receive three dollars for every day they may be em-
ploved in the performance of their duties, which shall be paid by
the parties at whose instance they are appointed, unless otherwise
ordered by the court; provided, however, that cities of the first
class shall have the right to increase the per diem salary of the said
commissioners, whose appointment is hereinbefore provided for, to
be paid out of the funds of the said cities; provided, further, how-
ever, that in no event shall such compensation exceed ten dollars
per day or fraction thereof, for the time during which such commis-
sioners are actually engaged.

2. That all acts or parts of acts, insofar as the same conflict here-
with, as well as any provision in any city charter to the contrary,
be, and the same are hereby, repealed.