CHAPTER 6

An Act to amend and reenact § 15-668.1 of the Code of Virginia, author-
izing certain counties to enter upon and take possession of certain
property for certain purposes prior to condemnation, and to provide
for the compensation of owners.

[S 46 ]

Approved February 11, 1960

Be it enacted by the General Assembly of Virginia:
1. Pini § 15-668.1 of the Code of Virginia be amended and reenacted
as follows:

§ 15-668.1. (a) In addition to the exercise of the power of eminent
domain, as provided hereinabove, every county having a density of
population of more than * four thousand persons per square mile which
now has or may hereafter be given such power is authorized to enter upon
and take possession of such property and rights of way, for the * purpose
of laying out, constructing, altering, improving and lighting streets and
alleys, as the governing body thereof may deem necessary and proceed
with the construction of such project.

(b) No property shall be entered upon and taken by any such county
under condemnation proceedings unless, prior to entering upon and
taking possession of such property or right of way, the governing body of
such county notifies the owners of such property and rights of way by
registered mail, that it intends to enter upon and take the same. Upon
the passage of a resolution or ordinance providing for any such taking,
such notice shall be sent forthwith on a date to be specified in such ordi-
nance or resolution and the property owners affected shall have thirty days
within which to contest the taking in such fashion.

(c) Within sixty days after the completion of such project, if the
county and the owners of such lands are unable to agree as to compensation
and damages, if any, caused thereby, the county shall institute condemna-
tion proceedings, as provided in this article; and the amount of such
compensation and damages, if any, awarded to the owner in such pro-
ceeding shall be paid by such county. The county shall pay to the land-
owner or into court or to the clerk thereof, for his benefit such sum
as the governing body thereof estimates to be the fair value of the land
taken and damage done, before entering upon such land for construction
purposes, provided such payment shall in nowise limit the amount to be
allowed under proper proceedings. It is the intention of this section to
provide that such property and rights of way may, in the discretion of the
governing body of the county be condemned after the construction of the
project, as well as prior thereto, and to direct the fund out of which the
judgment of the court in condemnation proceedings shall be paid, except
that no property of any public service corporation, except lands required
for drains, sewers or public ducts, shall be condemned except in accordance
with §§ 15-749 to 15-754 and 25-233. But the authorities constructing
such project under the authority of this section, shall use diligence to
protect growing crops and pastures and to prevent damage to any property
not taken. So far as possible all rights of way shall be acquired or con-
tracted for before any condemnation is resorted to.

(d) Any owner of property or rights of way sought to be taken
by any such county by entry upon and taking possession thereof, shall
be given notice as provided in paragraph (b) of this section and shall
have thirty days within which to contest the manner of such taking. Any
such property owner desiring so to do may institute a proceeding in the
circuit court of the county, wherein the condemnation proceedings are
to be instituted, to determine whether or not such taking is of an emergency
nature such as to justify resort to entry upon the land prior to an agree-
ment between the county and the property owner as to compensation and
damages to be paid therefor. Any other property owner affected may in-
tervene. The members of the governing body of the county shall be
served with notice as provided by law and shall be made parties defendant.
Upon the bringing of any such proceeding the same shall be placed upon
the privileged docket of the court and shall take precedence over all other
civil matters pending therein and shall be speedily heard and disposed of.
The issue in any such proceeding shall be whether or not the circumstances
are such as to justify an entry upon and taking possession by the county
of the property involved prior to an agreement upon compensation and
damages therefor. If the court be of the opinion that no such emergency
exists, and that such manner of taking would work an undue hardship upon
any such owner, it shall enter an order requiring the county to proceed by
methods of condemnation providing for the ascertainment of compensation
and damages for property to be taken prior to such taking, if the county
deems it necessary to proceed with the project for which the property is
sought.