CHAPTER 230

AN ACT to vest in the governing bodies of certain counties ad-
ditional powers and duties as to constructing, reconstruct-
ing, extending, altering, maintaining and repairing sewer
systems, or sidewalks, and parts thereof; to authorize such
governing bodies to levy certain taxes and assessments, and
to provide for certain exemptions therefrom, for the con-
struction, reconstruction, extension, alteration, maintenance
and repair of sewer systems, or sidewalks, and parts there-
of, to provide for the recordation and collection of the
same and the handling and disposition of revenues derived
therefrom; and for such purposes to vest in such govern-
ing bodies certain powers of eminent domain.

[ H 496 ]

Approved March 15, 1950

Be it enacted by the General Assembly of Virginia:

1. § 1. In addition to such powers as are delegated to the
governing bodies of counties, the governing body of any county
having a population greater than two thousand inhabitants per
square mile shall have the following powers with respect to the
assessment of abutting property owners for the construction of
sewers, or sidewalks; the governing body of any such county
may, by appropriate resolution, determine to construct a system
of sewer main and lateral lines or sidewalks in and through the
county, which system shall constitute a single project. By such
resolution, the governing body shall fix upon an amount which
shall be determined and declared therein to be not in excess of
the peculiar benefits accruing to the abutting property; and
which shall be uniformly assessed against each front foot of
property abutting on lines, or sidewalks, within the project, or
abutting on streets or rights of way in which the said lines, or
sidewalks, are located. No notice shall be required to be given
of the adoption of such resolution. The governing body may,
from time to time, as in its determination, the public interest may
require, upon further similar resolution, extend the system by
the construction or reconstruction of additional sewer lines, or
sidewalks in which case the lines, or sidewalks, determined in
such resolution to be constructed or reconstructed shall constitute
a further single project and abutting property thereon shall be
subject to a uniform front foot assessment, to be levied and
collected in the manner herein specified.

§ 2. The governing body of such county shall have the
further power to exempt from such assessment, land which
may be owned by any political subdivision, or which may not
derive the required peculiar benefit from the construction of
the sewer line, or sidewalks, on which such land abuts; or it
may defer the assessment of such land until it shall appear tnat
the land in question has become so peculiarly benefited.

§ 8. Whenever the amount proposed to be assessed
against each landowner has been ascertained, all further pro-
ceedings as to notice of hearing or appeal shall be as determined
by Chapter 20 of Title 15 of the Code of 1950 excepting as
hereinafter otherwise provided.

§ 4. When such assessment has finally been established,
the amount thereof, a brief description of the property assessed,
and the name of the owner of record thereof, shall be certified
by the governing body to the treasurer of the county, who shall
collect the same and be accountable therefor, as in the case of
other county taxes. Upon default in the payment of such
amount, or any installment thereof, the land shall not be sold
as in the case of general land taxes which have become delin-
quent, but in lieu thereof the treasurer may institute, in his
own name, appropriate proceedings to enforce the payment
thereof. From the date that the assessment has been certified
to the treasurer, such amount shall be a lien upon the property
thereby affected, which lien shall have priority over all other
liens except that of county taxes regularly assessed. The treas-
urer shall maintain in his office, a firmly bound book, or books,
wherein he shall cause to be recorded, immediately upon receipt
of the certificate thereof, the name of the owner of each parcel
of land against which such an assessment has been levied, a
brief description of the land affected thereby, and the amount
of the assessment thereon. He shall, likewise, record in such
book any payment of, or on account of, the assessment, imme-
diately upon receipt thereof; and upon the written request of
any person, which request shall designate the parcel of land and
the name of the owner thereof, the treasurer shall issue his cer-
tificate showing the amount of principal and interest then un-
paid on the assessment against such parcel of land.

§ 5. The governing body of any such county, is hereby
vested with the power of eminent domain insofar as may be
necessary for the construction, reconstruction, alteration, main-
tenance and repair of any part of such a sewerage system, oi
sidewalk system, and in the exercise of such power is hereby
vested with all of the authority to exercise such power as is
given to the State Highway Commissioner of Virginia by Arti-
cle 5 of Chapter 1 of Title 33 of the Code of 1950, except that
the enhancement, if any, in value of the remaining property of
the landowner by reason of the construction of any sewer line
contemplated or made by such board shall not be shown as an
offset against the damage, if any, resulting to such remaining
property of such landowner by reason of such construction;
nor shall the taking of any such property under the provisions
of such article preclude the board from assessing the land
abutting on such sewer line, in the same manner and to the
same extent, that other property may be assessed under the
provisions of this act.

§ 6. If any part or parts, section, subsection, sentence,
clause or phrase of this act is for any reason declared uncon-
stitutional, such decision shall not affect the validity of the re-
maining portions of this act, which shall remain in force as if
such act had been passed with the unconstitutional part or
parts, section, subsection, sentence, clause or phrase thereof
eliminated; and the General Assembly hereby declares that it
would have passed this act if such unconstitutional part or
parts, section, subsection, sentence, clause or phrase had not
been included herein.

2. An emergency exists and this act is in force from its pas-
sage.