Chap. 390.—An ACT to amend and re-enact Section 5 of an Act entitled “An Act
to provide for the recordation of plats of subdivision of land located in or within
five miles of cities of a population in excess of 150,000 according to the last
United States census, for the vacation thereof, for the construction of public
improvements therein and for the rights of such cities in connection therewith”,
approved March 21, 1924, said section relating to the procedure to be followed
by owners of subdivisions desiring to construct beyond the city limits, water,
gas and other works of public improvement, the rights of owners when such
improvements are constructed under plans and specifications which have or
have not been approved and the effect of annexation of such subdivision by
such city. [H B 417]

Approved April 1, 1940

Be it enacted by the General Assembly of Virginia that Section 5
of an Act entitled, ‘‘An Act to provide for the recordation of plats of
subdivision of land located in or within five miles of cities of a popula-
tion in excess of one hundred and fifty thousand according to the last
United States census, for the vacation thereof, for the construction of
public improvements therein and for the rights of such cities in con-
nection therewith’, approved March twenty-first, nineteen hundred
and twenty-four, be amended and re-enacted so as to read as follows:

Section 5. In event the proprietors or owners of any such sub-
division desire to construct in, on or under any streets or alleys located
in that portion of such subdivision which lies beyond the corporate
limits of any such city, any gas, water, sewer or electric light or power
works, pipes, wires, fixtures or systems, they may present plans or
specifications therefor to the chief engineering officer of any such city
adjoining or within five miles thereof, who shall within one hundred
and eighty (180) days thereafter approve or disapprove the same, and
in event of his failure either to approve or disapprove any such plans
or specifications within such period, such plans and specifications may
be submitted after ten days’ notice to such city, to the judge of the
circuit court of the county wherein the land embraced within said
subdivision, or any part thereof lies, for his approval or disapproval,
and his approval thereof shall, for all purposes of this act be treated
and considered as the approval of said engineering officer, and from
the decision of such judge in approving or disapproving such plans or
specification there shall be no appeal: provided, however, that nothing
herein contained shall be construed as granting the right of appeal
from the action of said chief engineering officer in approving or dis-
approving such plans and specifications, and provided further, that
in event the improvements contemplated by such plans and specifi-
cations are constructed under plans and specifications which have not
been approved in one of the methods hereinbefore prescribed, such
owner or proprietor shall have the right to remove them upon an-
nexation by the city of the territory in which they may be laid, and
the said city shall at no time thereafter make use of them for public
purposes without paying the owner thereof just compensation therefor.

In the event the whole or any part of any such subdivision, which
is located in any county and is made and platted pursuant to this act,
shall thereafter be made, by annexation proceedings or otherwise, a
part of any city, then so much of such works, pipes, wires and systems
as shall have been laid and constructed in accordance with plans and
specifications approved either by the chief engineering officer of such
city, or by the judge of said circuit court in the manner aforesaid, and
as shall be works of public improvement or utility of that nature
which such city has theretofore owned or operated within its limits
and as shall be located in, upon or under any street or alley to be
made a part of such city by such annexation or other proceeding, shall
be and become the property of such city free of all liens and encum-
brances whatsoever.

Such city shall within six months after such annexation become
effective upon agreement with the owners of such public improve.
ments or utilities as to fair value thereof, pay said fair value, as o!
the effective date of such annexation, into the court in such annexa:
tion or other proceeding, provided the same, or the use thereof, may
by said city be made subject to the same charges or assessment:
imposed by such city upon or for the use of other like public facilities
and all liens and encumbrances upon said public improvements 01
utilities shall be transferred to the money so paid in to court, anc
the court shall make distribution of such money to the persons en.
titled thereto, having due regard to the interest of all persons therein
and to enable the court to make a proper distribution of such money.
it may, in its discretion, direct inquiries to be taken by a special com-
missioner to be appointed by it in order to ascertain what persons are
entitled to such money, and in what proportions, and may direct
what notice shall be given of the making of such inquiries by such
special commissioner.

In event the owners of such public improvements or utilities and
said city are unable to agree upon such fair value, then upon it ap-
pearing to the court in such annexation or other proceeding at any
time after the annexation decree becomes effective that the said
owners and the city are unable to agree, or, in any event, upon the
expiration of said period of six months, said court shall, upon the
petition of any party in interest, appoint three disinterested appraisers,
any two of whom may act, for the purpose of ascertaining the fair
value of such improvements. In the order appointing said appraisers
the court shall designate the place and time for them to meet, which
order shall be published once a week for two successive weeks in such
newspaper as the court may prescribe, and shall operate as notice of
such meeting to all parties in interest. Any one or more of said
appraisers attending at the place and time so designated may adjourn
from time to time until the business shall be finished, or may, from
time to time, adjourn to such other place and time in the city or
county as they may deem expedient, for the purpose of hearing
evidence and arguments and conferring about and formulating their
report. Said appraisers shall receive such compensation as the court
of their appointment shall fix, which, together with all other costs
incident to such proceedings, shall be borne as such court in its dis-
cretion may determine. Before entering upon the execution of their
duties, said appraisers shall take an oath before an officer authorized
by the laws of this State to administer an oath to the effect that they
will faithfully and impartially ascertain the fair value of such public
improvements or utilities. Said appraisers shall have full power to
hear proper evidence and the court, or any member thereof, may, on
the application of such appraisers or of any party in interest, require
the attendance of witnesses and the production of books, documents
and any other papers at any hearing before such appraisers and after
a full hearing before them, said appraisers shall ascertain the fair
value of such public improvements or utilities and shall make report
to said court of their findings. Said report and the certificate of the
officer administering said oath shall be forthwith returned to the clerk’s
office of such court where it shall remain for at least ten days for ex-
ception thereto by any party in interest. Upon a hearing on any
exception to said report, the court shall have the power to increase,
decrease or confirm the award of the appraisers, from which action of
said court any party in interest shall have the right of appeal to the
Supreme Court of Appeals of Virginia, as is in general conferred and
provided for by law. Should no exception to said report be filed
within said ten days, the same shall be confirmed by the court. The
city shall pay into the court the sums awarded for such public im-
provements or utilities within such time as the court shall direct, and
all liens and encumbrances upon said public improvements or utilities
shall be transferred to the money so paid into court, and the court
shall make distribution of such money to the persons entitled thereto,
having due regard to the interest of all persons therein, and to enable
the court to make a proper distribution of such money, it may, in its
discretion, direct inquiries to be taken by a special commissioner to
be appointed by it in order to ascertain what persons are entitled to
such money, and in what proportions, and may direct what notice
shall be given of the making of such inquiries by such special com-
missioner.

Any and all payments made hereunder shall constitute and be
considered as credits upon the sum or sums of money authorized or
required to be set apart for and expended upon public improvements
in territory annexed under the provisions of chapter one hundred and
twenty of the Code of Virginia.

Nothing in this act contained shall be so construed as to prevent
the owner or proprietor of any such subdivision, where otherwise he
has the right and power so to do, from erecting, putting down and
maintaining gas, water, sewer, telephone and electric works, pipes,
wires, fixtures and systems and other like improvements along or
under any streets or alleys in such subdivision under plans or speci-
fications which have not been approved in the manner hereinbefore
prescribed.

This act shall apply to pending proceedings as well as to pro-
ceedings hereafter arising.