CHAPTER 258

An Act to amend Chapter 157 of the Acts of Assembly of 1908, approved
March 10, 1908, which provided a new charter for the city of Ports-
mouth, by adding a section numbered 28-f, to empower the city of
Portsmouth to acquire title to property or any interest or estate therein
by condemnation proceedings upon the deposit in the court having
jurisdiction for each parcel the funds necessary to compensate owners
thereof for such property to be acquired or damaged. IH 321]

Approved March 8, 1958

Be it enacted by the General Assembly of Virginia:
1. That Chapter 157 of the Acts of Assembly of 1908, approved March
10, 1908, be amended by adding thereto a section numbered 28-f, as follows:

§ 23-f. In addition to the other powers conferred by law the city
may, in exercising the right of eminent domain within the city in connec-
tion with streets, off street parking, public or municipal buildings and
parks and within or without the city in connection with waterworks and
facilities related thereto, make use of the procedure prescribed by the
general law or may elect to proceed as hereinafter provided. In the latter
event the ordinance directing acquisition of any property shall provide
therein for each parcel the funds necessary to compensate the owners
thereof for the property to be acquired or damaged. Upon the adoption
of such ordinance the city may file a petition in the clerk’s office of
a court having jurisdiction, which shall be signed by the city manager
and set forth the interest or estate to be taken in the property and
the uses and purposes for which the property or the interest or estate
therein is wanted; or when property is not to be taken but is likely
to be damaged, the necessity for the work or improvement which will cause
or is likely to cause such damage. There shall also be filed with the petition
a plat of a survey of the property with a profile showing cuts and fills,
trestles and bridges, if any, and a description of the property which, or an
interest or estate in which, is sought to be taken or likely to be damaged
and a memorandum showing names and residences of the owners and
tenants of the property, if known, and showing also the quantity of prop-
erty which, or an interest or estate in which, is sought to be taken or which
will be or is likely to be damaged. There shall be filed also with the petition
a notice thereof directed to the owners and tenants of the property, if
known, copies of which shall be served on such owners as well as on the
tenants of such property, if known. If any such person be unknown or a
nonresident of the State or cannot with reasonable diligence be found in the
State, or if his residence be unknown, he may be proceeded against by
order of publication published once a week for two successive weeks in a
daily newspaper having a general circulation in the city of Portsmouth,
or the city or county in which is situated the property involved, and shall
be posted at a main entrance to the courthouse in such city or county.

Upon the filing of the petition and the funds provided by the council
for the purpose having been duly deposited to the credit of court, if the
court is of the opinion that the property or interest or estate therein to be
acquired is for the uses and purposes of the city as provided by law, it
may order that the interest or estate of the owner of such property shall
terminate and the title to such property or the interest or estate to be
taken in such property shall be vested absolutely in the city and such owner
shall have such interest or estate in the funds so deposited as he had in the
property taken or damaged and all liens by deed of trust, judgment or
otherwise upon said property or estate shall be transferred to such funds
and the city shall have the right to enter upon and take possession of such
property for its uses and purposes and to construct its works or improve-
ments. The clerk of the court in which such proceeding is instituted shall
make and certify a copy of the order and deliver or transmit the same to
the clerk of the court in which deeds are admitted to record, who shall
record the same in his deed book and index it in the name of the record
title owner of such property and in the name of the city, for which he
shall receive the fees prescribed for recording a deed, which shall be paid
by the city.

If the city and the owner of property so taken or damaged agree upon
compensation therefor, upon filing such agreement in writing in the clerk’s
office of such court the court or judge thereof in vacation shall make such
distribution of such funds as to it may seem right, having due regard to
the interest of all persons therein whether such interest be vested, con-
tingent or otherwise, and to enable the court or judge to make a proper
distribution of such money it may in its discretion direct inquiries to be
taken by a special commissioner in order to ascertain what persons are
entitled to such funds and in what proportions and may direct what notice
shall be given of the making of such inquiries by such special commissioner.

If the city and the owner cannot agree upon the compensation for the
property taken or damaged, if any, upon the filing of a memorandum in
the clerk’s office of said court to that effect, signed by either the city or the
owner, the court shall appoint commissioners provided for in § 25-12 of
the Code of Virginia, and all proceedings thereafter shall be had as pro-
vided in §§ 25-12 through 25-38 of the e of Virginia, in so far as they
are then applicable and not inconsistent with the provisions of this section,
and the court shall order the deposit in bank to the credit of the court of
such additional funds as appear to be necessary to cover the award of the
commissioners or shall order the return to the city of such funds deposited
that are not necessary to compensate such owners for property taken or
damaged. The commissioners so appointed shall not consider improvements
placed upon the property by the city subsequent to its taking nor the value
thereof nor the enhancement of the value of the property by such improve-
ments in making their award. Provided, however, that the provisions of
§ 25-233 of the Code of Virginia, as now or hereafter in effect, shall apply
to any property belonging to any corporation possessing the power of
eminent domain that may be taken hereunder; and

Provided, however, that nothing herein contained shall give the said
city the authority to acquire by condemnation property belonging to
another city or county.
2. An emergency exists and this act is in force from its passage.