Chap. 252.—An ACT to amend and re-enact Sections 19-n and 21, and Section 22
as heretofore amended, of an act entitled “An act to provide a new charter for
the city of Richmond.”, approved March 24, 1926. [H B 364]

Approved March 18, 1942

1, Be it enacted by the General Assembly of Virginia, That sec-
tions nineteen-n and twenty-one, and section twenty-two as heretofore
amended, of an act entitled, “An act to provide a new charter for the city
of Richmond.”, approved March twenty-fourth, nineteen hundred and
twenty-six, be amended and re-enacted so as to read as follows:

19-n. To grant aid to military companies and regiments organized
within the city; to societies or associations for the advancements of agri-
cultural and mechanic arts ; to scientific, literary and benevolent societies :
provided, such societies or associations are located in or near the city, or
in the case of agricultural societies, shall hold their fairs in or near the
city; and to provide or aid in support of public libraries and public
schools ; and the Council may, in their discretion, establish a system of
pensions for injured, retired or superannuated city officers and employees,
members of the police and fire departments, public school officers, public
school teachers, and other pubiic school employees in said city, judges or
justices of police, civil justice and juvenile and domestic relations courts
elected or appointed by the Council, and the clerks of said courts and
their assistants, deputies and employees, either severally or collectively,
in such manner and to such extent as the Council may deem desirable,
and to that end may establish a fund for the payment of such pensions,
either by making appropriations out of the treasury of the city, by levying
a special tax for the benefit of such fund, by requiring contributions
payable from time to time from the persons actively engaged in the occu-
pations hereinbefore enumerated, or by any other mode not prohibited by
law.

21. All laws, ordinances, resolutions and regulations of the City
Council may be read in evidence in all courts of justice, and in all pro-
ceedings before any officer, body or board in which it shall be necessary
to refer thereto, either from a copy thereof, certified by the clerk of said
city, or from the volume of ordinances and resolutions printed by the
authority of the City Council. :

22. (a) In order to carry out effectually the powers conferred by
this charter, the city of Richmond is hereby expressly authorized to
acquire by condemnation proceedings instituted in the hustings court of
the city of Richmond, hustings court, part two, of the city of Richmond,
or the circuit court of the city of Richmond, if the subject lies or is
situated within the city, and if not within the city, in the circuit court of
the county in which such subject lies, land or any interest therein, any
right, easement or estate of any person or corporation therein, whenever
in the opinion of its council a public necessity exists thereior, which shall
be expressed in the ordinance or resolution directing such acquisition,
whether or not such corporation owning the same be authorized to exer-
cise the power of eminent domain, or whether or not such land, interest,
estate or easement has already been devoted to a public use by the owner,
whenever the city of Richmond cannot agree on terms of purchase or
settlement with those entitled to such subject because of the incapacity of
such owner, or because of the inability to agree upon the compensation to
be paid, or other terms of settlement or purchase, or because the owner
or someone of the owners of the subject proposed to be acquired is a
non-resident of this State, or cannot with reasonable diligence be found
in this State, or is unknown. If the subject is situated partly within the
city and partly within the county the circuit court of such county shall
have concurrent jurisdiction in such condemnation proceedings with the
courts of the city hereinbefore enumerated. The judge or the court exer-
cising such concurrent jurisdiction shall appoint five disinterested free-
holders, any or all of whom reside either in such county or in the city,
any three of whom may act, as provided by law.

(b) In addition to the procedure prescribed by general law for the
exercise of the power of eminent domain, the council of the city may, by
such ordinance or resolution, direct the acquisition of such property and
provide therein in a lump sum the total estimated necessary funds to
compensate the owners thereof for the property or properties to be
acquired or damaged. Upon the adoption ot such ordinance or resolution
the city may file a petition in the clerk’s office of any of the courts herein-
before enumerated, which shall be signed by the mayor and shall set forth
the interest or estate to be taken in the property and the uses and purposes
for which the property or the interest or estate therein is wanted, or wher
no property is to be taken but is likely to be damaged, the necessity for the
work of improvement which will cause or 1s likely to cause damage to the
property or estate of any person. There shall also be filed with the petitior
a plat of a survey of the property with a profile showing cuts and fills.
trestles and bridges, if any, and a description of the property which, ot
an interest or estate in which, is sought to be taken or likely to be damaged
and a memorandum showing the names and residences of the owners 0!
the property, if known, and showing also the quantity of property which.
or an interest or estate in which, is sought to be taken or will be or 1:
likely to be damaged. There shall be filed also with said petition a notice
directed to the owners of the property, if known, copies of which shall be
served on such owners or on tenants of the freehold of such property, i
known. If such owner or tenant of the freehold be unknown or a non:
resident of the State or cannot with reasonable diligence be found in this
State, or if the residence of such owner or tenant be unknown, he may be
proceeded against by order of publication, which order, however, need not
be published more than once a week for two successive weeks and shal.
be posted at a main entrance to the courthouse. The publication shall in
all other respects conform to sections sixty hundred and forty-three, sixty
hundred and sixty-nine and sixty hundred and seventy of the Code of
Virginia. Upon the filing of said petition and the deposit of the funds,
provided by the council for the purpose, in a bank to the credit of the
court in such proceedings and the filing of a certificate of deposit therefor,
the interest or estate of the owner of such property shall terminate and
the title to such property or interest or estate of the owner shall be abso-
lutely vested in the city in fee simple and such owner shall have such
interest or estate in the funds so deposited as he had in the property
taken or damaged and all liens by deed of trust, judgment or otherwise
upon said property or estate shall be transferred to such funds and the
city shall have the right to enter upon and take possession of such property
for its uses and purposes and to construct its works of improvement. The
clerk of the court in which such proceeding is instituted shall make and
certify a copy of the petition, and any exhibits filed therewith, notice and
orders and deliver or transmit the same to the clerk of the court in which
deeds are admitted to record, who shall record the same in his deed book
and index them in the name of the person or persons who had the property
before and in the name of the city, for which he shall receive the same
fees prescribed for recording a deed, which shall be paid by the city. If
the city and the owner of property so taken or damaged agree upon
compensation therefor upon filing such agreement in writing in the clerk’s
office of such court, the court or judge thereof in vacation shall make
such distribution of such funds as to it may seem right, having due regard
to the interest of all persons therein, whether such interest be vested,
contingent or otherwise, and to enable the court or judge to make a proper
distribution of such money it may in its discretion direct inquiries to be
taken by a special commissioner in order to ascertain what persons are
entitled to such funds and in what proportions and may direct what notice
shall be given of the making of such inquiries by such special commis-
sioner. If the city and the owner cannot agree upon the compensation for
the property taken or damaged, if any, upon the filing of a memorandum
in the clerk’s office of said court to that effect, signed by either the city or
the owner, the court shall appoint commissioners provided for in section
forty-three hundred and sixty-six of the Code of Virginia or as provided
for in this section and all proceedings thereafter shall be had as provided
in section forty-three hundred and sixty-six through forty-three hundred
and eighty-one of the Code of Virginia in so far as they are then applicable
and are not inconsistent with the provisions of this act, and the court shall
order the deposit in bank to the credit of the court such additional funds
aS appear to be necessary to cover the award of the commissioners or shall
order the return to the city of such funds deposited that are not necessary
H. 252] ACTS OF ASSEMBLY 375

) compensate such owners for property taken or damaged. The commis-
ioners so appointed shall not consider improvements placed upon the
roperty by the city subsequent to its taking nor the value thereot nor the
nhancement of the value of said property by the erection of said im-
rovements in making their award.

(c) In all cases under the provisions of this act, the enhancement,
f any, in value of the remaining property of the owner by reason of the
onstruction or improvement contemplated or made by the city, shall be
ffset against the damage, if any, resulting to such remaining property of
uch owner by reason of such construction or improvement, provided
uch enhancement in value shall not be offset against the value of the
yroperty taken ; and provided, further, that if such enhancement in value
hall exceed the damage, there shall be no recovery over against the
ywner for such excess.

(d) Whenever any money shall have heretofore remained or
shall hereafter remain for five years in the custody or under the control
of any of the courts hereinbefore enumerated in any condemnation pro-
ceeding instituted therein by the city under this section or the general law,
without any claim having been asserted thereto, such court shall, where
the amount is one hundred dollars or more, cause a publication to be made
once a week for two successive weeks in a newspaper of general circula-
tion in the city, setting forth the amount of such money, the source from
which it was derived and the proceeding in which it is held, and requiring
all persons having any claim to said money to appear before said court
within such time after the completion of the publication as the court may
prescribe and establish their claim. If the sum be less than one hundrec
dollars, the court shall direct the same to be paid into the treasury of the
city, and a proper voucher for the payment taken and filed among the
records of the proceeding. If no person shall appear and show title in him
self, the court shall order the money, after deducting therefrom the cost:
of such publication if such publication is made, and any other prope:
charges, to be paid into the treasury of the city and a proper voucher fo
the payment to be taken and filed among the records of the proceeding
The city comptroller shall, in a book provided for the purpose, keep at
account of all money thus paid into the city treasury, showing the amoun
thereof, when, by whom, and under what order it was paid, and th
name of the court, and, as far as practicable, a description of the suit o
proceeding in which the order was made, and, as far as known, the name
of the parties entitled to said funds. Money thus paid into the treasury ¢
the city shall be paid thereout to any person entitled thereto, who has nc
asserted a claim therefor in the proceeding in which it was held, on th
order of the court having jurisdiction of such proceeding, upon satisiac
tory proof that he is entitled to such money. If such claim be establishec
the net amount thereof, after deducting costs and other proper charge:
shall be paid to the claimant out of the treasury of the city on the warrar
of the city comptroller. No claim to such money shall be asserted after te
years from the time when such court obtained control thereof; providec
however, if the person having such claim was an infant, insane, or 1m
prisoned at the time the claim might have been presented or asserte
claim to such money may be asserted within five years after the remova
of such disability.

An emergency existing, this act shall be in force from its pas:
sage.