CHAPTER 185

An Act to provide for the sale and disposition of certain waste and unap-
propriated lands; and to this end to repeal §§ 41-3 through 41-7,
§§ 41-10 through 41-14, §§ 41-15 through 41-88, §§ 41-40 through
41-44, §§ 41-45 through 41-59, §§ 41-60 through 41-67, §§ 41-78 through
41-88, all of the Code of Virginia, and to amend and reenact § 41-1
of the Code, the repealed and amended sections relating to land office,
land grants, and duties of State Librarian in relation. thereto; and
to amend the Code of Virginia by adding a new section numbered
§ 41-8.2 and a new chapter numbered 8.1 in Title 41, consisting of
§ 41-83.1, the section and chapter providing for the sale and disposi-
tion of certain waste and unappropriated lands and to prescribe the
procedure in such cases.

[S 45]

Approved March 5, 1952

Be it enacted by the General Assembly of Virginia:

1. That § 41-1 of the Code of Virginia be amended and reenacted as
follows:

§ 41-1. State Librarian in charge of Land Office.—Hereafter the
State Librarian shall be in charge of the Land Office and shall exercise
and perform the powers once exercised by, and the duties once required
of the former Register of the Land Office, and which were later trans-
ferred to and imposed upon the Secretary of the Commonwealth.

On and after July one, nineteen hundred fifty-two the State Librarian
shall not issue a warrant under this title.

On and after January one, nineteen hundred fifty-four all warrants
wssued under this title by the State Inbrarian and not carried into grant
shall be cancelled and be of no effect.

The State Librarian shall keep and preserve all records of the Land
Office as heretofore provided.

2. That the Code of Virginia be amended by adding a new section num-
bered 41-8.2 and by adding in Title 41 a new chapter, consisting of
§ 41-83.1, the new section and chapter being as follows:

§ 41-8.2. After July one, nineteen hundred fifty-two, the circuit and
corporation courts of the counties and cities in which waste and unappro-
priated lands are alleged to lie are vested with authority to sell and dispose
thereof in proceedings brought under § 41-83.1 of the Code; provided that
no sale or disposition shall be made of lands mentioned in § 62-1 or of
lands as to which a grant could not have been issued by the State Librarian
under §§ 41-8 or 41-8.1.

Chap 8.1
Sale of Waste Lands

§ 41-83.1. Any citizen, resident of this State, who has reason to

believe that there are waste and unappropriated lands in this State (not
being a common under § 62-1 or excluded under §§ 41-8 and 41-8.1 from
grant), shall have the right to file a proceeding in the name of the county
or city in the circuit or corporation court of the county or city in which
such land is alleged to lie, seeking the sale and disposition of such land.
The proceeding shall be instituted by motion signed by the party who instt-
tutes the proceeding, or on his behalf, and shall be accompanied with a
deposit to cover the costs of the proceeding but in no event to exceed one
hundred dollars. Each land owner adjoining the tract in question shall be
made a party to the proceedings.

He shall file with the motion a copy of a plat prepared by a licensed
land surveyor giving the metes and bounds of the land alleged to be wuste
and unappropriated. A copy of the motion and plat shall be served upon
each of the land owners adjoining the tract in question.

Upon the docketing of the motion, the court shall set a tume and place
to hear the merits of the proceeding. Such hearing shall be held not less
than fen nor more than sixty days from the date upon which the same
was filed.

If the court deems it proper, it shall order the county surveyor to
survey the property on a date named in the order and to give notice
thereof by filing a copy of the order on the front door of the court house
and in a conspicuous place upon the land alleged to be waste and un-
appropriated. A copy of the survey, if ordered, shall be filed with the
court, accompanied by a certificate of the surveyor as to his actions pur-
suant to order of the court.

Thereafter the proceeding shall conform, mutatis mutandis, to the
provisions of Article 6 of Chapter 21 of Title 58 of the Code of Virginia but
on the motion of any party the sale of such land shall be public. From the
proceeds of sale, after the expenses of suit and other costs incident to the
sale the person instituting the proceeding shall be reimbursed his deposit
and costs expended up to the time the proceeding is docketed. The re-
mainder left from the proceeds of sale after the payment of costs, ex-
penses of suit and other expenses of sale shall be paid into the treasury of
the county or city, as the case may be.

The governing body of the county or city in which any waste or un-
appropriated land lies may, without filing of a plat of survey or deposit of
costs, initiate proceedings under this section to have such lands sold under
the provisions hereof.

All right, title and interest of the Commonwealth, except as shown by
an instrument recorded in the clerk’s office of the court of the city or
county in which deeds are admitted to record in which land is sold under
the provisions hereof shall be extinguished by such sale.

3. As of January one, nineteen hundred fifty-four §§ 41-3 through 41-7,
8§ 41-10 through 41-14, §§ 41-15 through 41-38, §§ 41-40 through 41-44,
88 41-45 through 41-59, §§ 41-60 through 41-67, §§ 41-78 through 41-83, all
of the Code of Virginia are repealed.

4. Except as otherwise specifically provided in preceding enactments
hereof the provisions of this act shall become effective July one, nineteen
hundred fifty-two.