CHAPTER 535

An Act to amend the Code of Virginia by adding three new sections
numbered 15-161.1 through 15-161.8 to authorize the governing
bodies of cities to establish the true boundary line between such
cities or counties and cities by agreement when a doubt or dispute
exists as to the true boundary line or when such cities wish to relo-
cate a boundary line under certain conditions. rH 746)

Approved April 5, 1954

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding three new sections
numbered 15-161.1 through 15-161.3 as follows:

Article 3

Establishment of True Boundary Line Between Cities.

§ 15-161.1. Whenever a doubt shall exist or dispute arise as to the
true boundary line between two cities, or when two cities wish to relocate
the true boundary line, the governing bodies of such cities may by agree-
ment establish and locate the true boundary line between such cities.

§ 15-161.2. The governing body of each city shall cause a descrip-
tion of the true boundary line between said cities as agreed upon, to be
published in each city at least once a week for four consecutive weeks in
some newspaper published or having general circulation in the said cities.
A copy of the said agreement shall be posted at the front door of the
courthouse of each city in the same manner that other public notices are
posted.

§ 15-161.3. Notice having been given in accordance with § 15-161.2
above, the city attorney for each city shall petition one of the circuit or
corporation courts having jurisdiction over the property in question;
setting forth the facts pertaining to the doubt, dispute or desire to
‘relocate the boundary line between two cities, as well as the true boun-
dary line as agreed upon hy the respective cities. The judge to whom
the petition is filed shall, after hearing the evidence on the boundary line
in dispute or to be relocated, enter the appropriate order which shall be
recorded in the common law order book of his court and in the current
deed book of the courts of each city and indexed in the names of the
cities, and shall settle, determine, designate and establish the true boun-
dary line. Costs shall be awarded as the court may determine.
An Act to amend and reenact §§ 15-88, 15-40, 15-41 and 15-42 of the
Code of Virginia, relating to settling boundary disputes between
counties so as to include boundary disputes between cities and be-
tween counties and cities.

[H 747]

Approved April 5, 1954
Be it enacted by the General Assembly of Virginia:

1. That §§ 15-38, 15-40, 15-41 and 15-42 of the Code of Virginia, be
amended and reenacted as follows:

§ 15-38. Whenever a doubt shall exist or dispute arise as to the
true boundary line between any two counties, any two cities or a county
and a city in this State, the circuit courts or the corporation courts of the
respective counties and cities whose boundary is thus in doubt or dispute
may each appoint not less than three nor more than five commissioners,
who shall be resident freeholders of their respective counties or cities, a
majority of those appointed for each county or city being necessary to
act, who shall meet and proceed to ascertain and establish the true line.

15-40. The commissioners shall return such plats respectively to
the respective courts by which they were appointed, together with their
report of the performance of their duties in ascertaining and establish-
ing the line, which report shall fully describe the line. The courts, after
inspecting such report and ascertaining whether the same meet the
requirements of this section, shall, if such report meet such requirements
and if it be unanimous, approve the same and direct it, together with
the plat, to be recorded in the deed books of their respective clerk’s
offices and indexed in the name of each county or city; and in all con-
troversies thereafter touching the location of such line such reports and
plats shall be taken as conclusive evidence.

§ 15-41. The circuit court of each county or corporation court of
each city shall allow a reasonable compensation to the commissioners of
such counties or cities respectively, and to the surveyor and chain-
carriers, to be paid out of the county or city levies of the counties and
cities respectively.

§ 15-42. If the commissioners shall fail to agree upon the location
of such line, they shall so report to the circuit courts or corporation
courts of their respective counties or cities, stating in their reports the
points and grounds of disagreement and describing fully the conflicting
lines. Thereupon either of the counties or cities, upon petition filed in
its own name in the circuit court or corporation court of either county
or city, or at rules in the clerk’s office thereof, shall have the right to
have ascertained and established, by a court constituted as hereinafter
provided, the true boundary line so in doubt or dispute. Such petition
shall describe, with reasonable certainty, the location contended for and
shall state the grounds of such contention. A plat, showing the location
contended for, filed with the petition, may serve the purposes of such
description. The petitioner shall make the other of such counties or
cittes the party defendant and the case shall be commenced by serving a
copy of the petition upon the Commonwealth’s attorney of such county
and the city attorney of such city. No formal plea or answer to the peti-
tion shall be necessary but the defendant shall state its grounds of
defense in writing, if any it has, describing, with the same degree of
certainty required of the petitioner, the line as contended for by the
defendant and the county or city shall be deemed to be at issue, which
issue shall be the true location of the boundary line so in doubt or
dispute.
The case shall be heard and decided by a court, without a jury, held
and presided over by three judges as follows: The judge of the circuit
court or corporation court of the petitioning county or city, the judge of
the circuit court or corporation court of the defendant county or city,
and a judge of some circuit court or corporation court in this State
remote from the counties or cities, to be designated by the Governor.
When both such counties or cities are within the same circuit, the Gov-
ernor shall designate a third judge from an adjoining circuit. Such court
shall hear the case upon the evidence introduced in the manner in which
evidence is introduced in common law cases and shall ascertain and
establish the true boundary line by a majority decision, and shall give
judgment accordingly. Costs shall be awarded as the court shall deter-
mine. The judgment of the court shall be recorded in the common law
order book and in the current deed book of the court and indexed in the
names of the counties and cities, and, unless reversed, shall forever
settle, determine, designate and establish the true boundary line. An
appeal may be granted by the Supreme Court of Appeals, or any Justice
thereof, to either party from the judgment of the court, and the costs of
such appeal shall be awarded to the party substantially prevailing.