CHAPTER 580

An Act to amend and reenact § 88-64 of the Code of Virginia, relating to
the view, testimony and report of commissioners. CH 226]

Approved March 31, 1956

Be it enacted by the General Assembly of Virginia: .

: ' That § 38-64 of the Code of Virginia be amended and reenacted as
ollows:

§ 33-64. View, testimony and report——Upon the selection of the
commissioners, the court, or the judge thereof in vacation, shall direct
them, in the custody of the sheriff or one of his deputies * to view the
land described in the petition with the landowner and the State Highway
Commissioner, or any representative of either party and none other, unless
otherwise directed by the court; and, upon motion of either party, the
judge shall accompany the commissioners upon their view of the land.
Upon completion of the view, the court or the judge in vacation shall hear
the testimony in open court on the issues joined. When the commissioners
shall have arrived at their conclusion they shall make their report in
writing to the court, or to the judge thereof in vacation. The report may
be confirmed or set aside forthwith by the court, or the judge, as the case
may be, provided that when the report is so filed and before the court or
judge passes thereon, either party shall have the right to ask leave to
file written exceptions to the report, which shall be filed not later than
ten days after the rendering of the report by the commissioners. The court
or the judge, as the case may be, shall have the same power over the
Sonmilissioners: reports as it now has over verdicts of juries in civil
actions. .

Unless an allegation be made or evidence produced of fraud, collusion,
corruption or improper conduct, no testimony shall be received from the
commissioners for the purpose of explaining or clarifying the report or
the compensation and damages therein set forth. At the hearing of excep-
tions to the commissioners’ report on the grounds that the award is
grossly excessive or inadequate or that the commissioners misunderstood
the instructions or proceeded upon erroneous principles, or that there was
fraud, collusion, corruption or improper conduct, the court or judge in
vacation may require the commissioners to attend and advise the court
or judge, as the case may be, as to the manner in which the report was
formulated.