CHAPTER 707

An Act to amend and reenact § 88-255.29 of the Code of Virginia relat-
ing to The Richmond-Petersburg Turnpike Authority so as to pro-
vide certain additional rights for owners of property subjected to
condemnation and to define the terms “appraised price” and “ap-
praisement’’.

[H 770]

Approved March 31, 1956

Be it enacted by the General Assembly of Virginia:

1. f That § 83-255.29 of the Code of Virginia be amended and reenacted
as follows:

§ 38-255.29. Acquisition of Property.—(a) The authority is hereby
authorized and empowered to acquire by purchase solely from funds pro-
vided under the provisions of this article, such lands, structures, prop-
erty, rights, rights of way, franchises, easements and other interests in
lands, including lands lying under water and riparian rights, as it may
deem necessary or convenient for the construction and operation of the
project, upon such terms and at such prices as may be considered by it

be reasonable and can be agreed upon between it and the owner thereof.
All counties, cities, towns and other political subdivisions and, with
the approval of the Governor, all public agencies and commissions of the
Commonwealth, notwithstanding any contrary provision of law, are
hereby authorized and empowered to lease, lend, grant or convey to the
Authority at its request upon such terms and conditions as the proper
authorities of such counties, cities, towns, political subdivisions, agencies
or commissions of the Commonwealth may deem reasonable and fair and
without the necessity for any advertisement, order of court or other
action or formality, other than the regular and formal action of the
authorities concerned, any real property which may be necessary or con-
venient to the effectuation of the authorized purposes of the Authority,
including public highways and other real property already devoted to
public use. ‘

(b) The Authority is authorized and empowered to acquire by the
exercise of the power of eminent domain any lands, property, rights,
rights of way, franchises, easements and other property, including public
lands, parks, playgrounds, reservations, highways or parkways, or parts
thereof or rights therein, of any person, copartnership, association, rail-
road, public service, public utility or other corporation, or of any munic-
ipality, county or other political subdivision, deemed necessary or con-
venient for the construction or the efficient operation of the project or
necessary in the restoration, replacement or relocation of public or private
property damaged or destroyed, whenever a reasonable price cannot be
agreed upon with the governing body of such municipality, county or
other political subdivision as to such property owned by it, or whenever
the Authority cannot agree on the terms of purchase or settlement with
the other owner or owners because of the incapacity of such owner or
owners or because of the inability to agree on the compensation to be paid
or other terms of settlement or purchase, or because such owner or
owners are nonresidents of the Commonwealth, or are unknown, or are
unable to convey valid title to such property. Such proceedings shall be
in accordance with and subject to the provisions of any and all laws of
the Commonwealth applicable to the exercise of the power of eminent
domain in the name of the State Highway Commissioner and subject to
the provisions of § 25-233 of the Code of Virginia, 1950, as fully as if the
Authority were a corporation possessing the power of eminent domain;
provided, however, that title to any property condemned by the Authority
shall immediately vest in the Authority and the Authority shall be entitled
to the immediate possession of such property upon the deposit with the
clerk of the court in which such condemnation proceedings are originated,
of the total amount of the appraised price of the property and court costs
and fees as provided by said laws, notwithstanding that any of the parties
to such proceedings shall appeal from * any decision in such condemna-
tion proceedings. Whenever the Authority shall make such deposit in con-
nection with any condemnation proceeding, the making of such deposit
shall not preclude the Authority from appealing any decision rendered
in such proceedings. * Upon the deposit with the clerk of the court of
the appraised price, any person or persons entitled thereto may, u
petition to the court, be paid his or their pro rata share of 90% of such
appraised price. The acceptance of such payment shall not preclude such
person or persons from appealing any decision rendered in such proceed-
ings. If the appraisement is greater or less than the amount finally deter-
mined by the decision in such proceeding or by an appeal, the amount of
the increase or decrease shall be paid by or refunded to the Authority.

The terms “appraised price” and “appraisement” as used in this
section mean the value determined by two competent real estate appraisers
appointed by the Authority for such purposes.

The acquisition of any such property by condemnation or by the
exercise of the power of eminent domain shall be and is hereby declared
to be a public use of such property.

(c) Title to any property acquired by the Authority shall be taken
in the name of the Authority.

(d) In any eminent domain proceedings the court having jurisdiction
of the suit, action or proceeding may make such orders as may be just
to the Authority and to the owners of the property to be condemned and
May require an undertaking or other security to secure such owners
against any loss or damage by reason of the failure of the Authority to
accept and pay for the property, or by reason of the taking of property
occupied by such owners, but neither such undertaking or security
nor any act or obligation of the Authority shall impose any liability
upon the Commonwealth or upon any municipality, county, or other
political subdivision of the Commonwealth.

(e) If the owner, lessee or occupier of any property to be condemned
or otherwise acquired shall refuse to remove his property therefrom or
give up possession thereof, the Authority may proceed to obtain possession
in any manner provided by law. .

(f) Where the Authority proposes to cross the tracks of any railroad
the exercise of the power of eminent domain with respect to the property,
right of way, facilities, works or appurtenances upon or adjacent to
which such tracks are located, shall be limited to the acquisition. only of
an easement therein, which shall be located either sufficiently above or
below the grade of any such railroad track or tracks so that neither the
project nor any part thereof, including any bridge abutments, columns,
supporting structures and appurtenances, nor any traffic upon it shall
interfere in any manner with the use, operation or maintenance of the
trains, tracks, works or appurtenances or other property of the railroad
nor interfere with or endanger the movement of the trains or traffic upon
the tracks of the railroad. Prior to the exercise of the power of eminent
domain for such easement, plans and specification of the project showing
compliance with such requirements and showing sufficient and safe
plans and specifications of such overhead or underground structure and
appurtenances shall be submitted to the railroad for examination and
approval. If the railroad fails or refuses within thirty days to approve
the plans and specifications so submitted, the matter shall be submitted
by the Authority to the State Corporation Commission, whose decision,
arrived at after due consideration in accordance with its usual procedure,
shall be final as to the sufficiency and safety of such plans and specifica-
tions and as to such elevations or distances above or below such tracks.
The overhead or underground structures and appurtenances shall be con-
structed in accordance with such plans and specifications and in accor-
dance with such elevations or distances above or below such tracks so
approved by the railroad or the State Corporation Commission, as the
case may be. A copy of the plans and specifications approved by the
railroad or the State Corporation Commission shall be filed as an exhibit
upon the institution of any proceedings brought in the exercise of the
power of eminent domain.

(g) The Commonwealth hereby consents, subject to the approval
of the Governor, to the use of any other lands or property owned by the
Commonwealth, including lands lying under water, which are deemed
by the Authority to be necessary for the construction or operation of
the project.

2. An emergency exists and this act is in force from its passage.