Chap. 108.—An ACT to amend and reenact Section 4366, as amended, of the
Code of Virginia in relation to the exercise of the power of eminent domain
and concerning the pay of commissioners. {S 3]

Approved March 5, 1948

Be it enacted by the General Assembly of Virginia:

1, That section forty-three hundred and sixty-six, as amended,
of the Code of Virginia, be amended and reenacted 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 is likely to be damaged, by the doing of such work
or making of such improvement, though no property or estate be
actually 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,
beyond the peculiar benefits that will accrue to such properties,
respectively, 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 commissioners having
cus. 108, 109] ACTS OF ASSEMBLY 169

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 expedi-
ent, for the purpose of hearing evidence and arguments and con-
ferring about and formulating their report. The commissioners
shall for every day or portion thereof they may be employed in
the performance of their duties receive compensation in an amount
to be fixed by the court at not more than ten dollars and, unless
otherwise ordered, to be paid by the parties at whose instance they
are appointéd ; provided, however, that cities of the first class shall
have the right to increase the per diem salary of the commissioners,
whose appointment is hereinbefore provided for, to be paid out of
the funds of the cities; provided, further, however, that in no event
shall such compensation exceed ten dollars per day or fraction
thereof, for the time during which such commissioners are actually
engaged.

3. That all acts or parts of acts, insofar as the same conflict
herewith, as well as any city charter to the contrary, be, and the
same are hereby repealed.