Chap. 381.—An ACT to amend Chapter 380 of the Acts of the Assembly of 1940,
as amended, relating to the exercise of the power of eminent domain by the
State Highway Commissioner, so as to add a new section thereto, desig-
nated as Section 7, providing certain remedies to landowners whose property
has been entered upon by the State Highway Commissioner under Section 4 and
Section 6 of Chapter 380 of the Acts of Assembly of 1940, as amended. [S 115]

Approved March 31, 1944

Be it enacted by the General Assembly of Virginia:

1. That chapter three hundred and eighty of the Acts of Assembly
of nineteen hundred and forty, as amended, be amended by adding thereto
a new section, designated as section seven, which section shall read as
follows:

Section 7. Whenever the Commissioner enters upon and takes
possession of property under the provisions of section four and section
six of this act and has not completed the construction of the highway
project after a reasonable time for such purpose has elapsed or has not
instituted condemnation proceedings within sixty days after completion
of the construction of the highway project, or within one year after he
has entered upon and taken possession of the property, whether the
construction of the highway project has been completed or not, the
property owner may, if no agreement has been made with the Commis-
sioner as to compensation and damage, if any, petition the circuit court
of the county in which the greater portion of the property lies, or the
judge thereof in vacation, for the appointment of commissioners to cle-
termine just compensation for the property taken and damages done.
if anv. A copy of such petition shall be served upon the Commissioner
at least ten davs before it is presented to the court, or the judge thereof
in vacation, and the Commissioner shall file an answer thereto within
five days after the petition is so presented. If it be found by the court,
or the judge thereof in vacation, that a reasonable time has elapsed for
the completion of the construction of the highway project or that sixty
days have elapsed since the completion of the construction of the highway
project or that more than one year has elapsed since the Commissioner
entered upon and took possession of the property, without condemnation
proceedings being instituted, and without an agreement having been
made between the property owner and the Commissioner as to compen-
sation and damages, if any, commissioners shall be appointed to as-
certain the amount of compensation to be paid for the property taken
and damages done, if any. The proceedings shall thereafter be governed
by the procedure prescribed by section two of this act, insofar as the
same may be applicable.