CHAPTER 312

An Act to amend and reenact §§ 1, 2, and 5 of Chapter 230 of the Acts
of Assembly of 1950, approved March 15, 1950, relating to the powers
of certain counties concerning sewers, sidewalks, curbs and gutters.

[S 185]
Approved March 15, 1960

Be it enacted by the General Assembly of Virginia:

1. That §§ 1, 2, and 5 of Chapter 230 of the Acts of Assembly of nineteen
hundred fifty, approved March fifteen, nineteen hundred fifty, be amended
and reenacted as follows:

§ 1. In addition to such powers as are delegated to the governing
bodies of counties, the governing body of any county having a population
greater than two thousand inhabitants per square mile shall have the
following powers with respect to the assessment of abutting property
owners for the construction of sewers, or curbs, gutters and sidewalks;
the governing body of any such county may, by appropriate resolution,
determine to construct a system of sewer main and lateral lines or curbs,
gutters and sidewalks in and through the county, which system shall
constitute a single project. By such resolution, the governing body shall
fix upon an amount which shall be determined and declared therein to be
not in excess of the peculiar benefits accruing to the abutting property;
and which shall be uniformly assessed against each front foot of property
abutting on lines, or curbs, gutters and sidewalks, within the project,
or abutting on streets or rights of way in which the said lines, or curbs,
gutters and sidewalks, are located. No notice shall be required to be given
of the adoption of such resolution. The governing body may, from time
to time, as in its determination, the public interest may require, upon
further similar resolution, extend the system by the construction or recon-
struction of additional sewer lines, or curbs, gutters and sidewalks in
which case the lines, or curbs, gutters and sidewalks, determined in such
resolution to be constructed or reconstructed shall constitute a further
single project and abutting property thereon shall be subject to a uniform
front foot assessment, to be levied and collected in the manner herein
specified.

§ 2. The governing body of such county shall have the further power
to exempt from such assessment, land which may be owned by any
political subdivision, or which may not derive the required peculiar
benefit from the construction of the sewer line, or curbs, gutters and side-
walks, on which such land abuts; or it may defer the assessment of such
land until it shall appear that the land in question has become so peculiarly
benefited.

§ 3. Whenever the amount proposed to be assessed against each land-
owner has been ascertained, all further proceedings as to notice of hearing
or appeal shall be as determined by Chapter 20 of Title 15 of the Code
of 1950 excepting as hereinafter otherwise provided.

§ 4. When such assessment has finally been established, the amount
thereof, a brief description of the property assessed, and the name of the
owner of record thereof, shall be certified by the governing body to the
treasurer of the county, who shall collect the same and be accountable
therefor, as in the case of other county taxes. Upon default in the
payment of such amount, or any installment thereof, the land shall not be
sold as in the case of general land taxes which have become delinquent, but
in lieu thereof the treasurer may institute, in his own name, appropriate
proceedings to enforce the payment thereof. From the date that the
assessment has been certified to the treasurer, such amount shall be a lien
upon the property thereby affected, which lien shall have priority over all
other liens except that of county taxes regularly assessed. The treasurer
shall maintain in his office, a firmly bound book, or books, wherein he
shall cause to be recorded, immediately upon receipt of the certificate
thereof, the name of the owner of each parcel of land against which such
an assessment has been levied, a brief description of the land affected
thereby, and the amount of the assessment thereon. He shall, likewise,
record in such book any payment of, or on account of, the assessment, im-
mediately upon receipt thereof; and upon the written request of any per-
son, which request shall designate the parcel of land and the name of the
owner thereof, the treasurer shall issue his certificate showing the amount
of principal and interest then unpaid on the assessment against such parcel
of land.

§ 5. The governing body of any such county is hereby vested with
the power of eminent domain insofar as may be necessary for the con-
struction, reconstruction, alteration, maintenance and repair of any part of
such a sewerage system, or curb, gutter and sidewalk system, and in the
exercise of such power is hereby vested with all of the authority to
exercise such power as is given to the State Highway Commissioner of
Virginia by Article 5 of Chapter 1 of Title 33 of the Code of 1950, except
that the enhancement, if any, in value of the remaining property of the
landowner by reason of the construction of any sewer line contemplated
or made by such board shall not be shown as an offset against the damage,
if any, resulting to such remaining property of such landowner by reason
of such construction; nor shall the taking of any such property under the
provisions of such article preclude the board from assessing the land abut-
ting on such sewer line, in the same manner and to the same extent, that
other property may be assessed under the provisions of this act.
§ 6. If any part or parts, section, subsection, sentence, clause or phrase
of this act is for any reason declared unconstitutional, such decision shall
not affect the validity of the remaining portions of this act, which shall
remain in force as if such act had been passed with the unconstitutional
part or parts, section, subsection, sentence, clause or phrase thereof
eliminated; and the General Assembly hereby declares that it would have
passed this act if such unconstitutional part or parts, section, subsection,
sentence, clause or phrase had not been included herein.

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