CHAPTER 494
An Act to amend and reenact § 15-668.2 of the Code of Virginia, providin:
how counties to take possession of property prior to condemnation.

[H 456.
Approved March 31, 1962

Be it enacted by the General Assembly of Virginia:
1. That § 15-668.2 of the Code of Virginia be amended and reenactec
as follows:

§ 15-668.2. (a) In addition to the exercise of the power of eminent
domain, as provided hereinabove, and subject to the provisions of thi:
section, every county having a population of more than thirty-nine
thousand nine hundred but less than forty-one thousand and every count}
having a population of more than fifty-six thousand four hundred but less
than sixty-five thousand and every county having a population of more
than one hundred seventeen thousand but less than one hundred twenty
thousand and every county having a population of more than seventy
thousand and adjoining four cities in this State is authorized to ente1
upon and take possession of such property and rights of way, for the
purposes set out in subsection (1) of § 15-6, or § 25-232, and for the
acquisition of necessary land for the construction of drainage facilities,
water supply and sewage disposal systems and roads and facilities related
thereto, 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 setting forth the compensation and damages offered
by the county to each property owner shall be sent forthwith on a date
to be specified in such ordinance or resolution and the property owners
affected shall have thirty days within which to contest the taking in
such fashion.

(c) At any time after the giving of such notice, upon the filing of
an application by the landowner to such effect in the court having
jurisdiction and in any event within sixty days after the completion of
such project, if the county and the owners of such land are unable to
agree as to compensation and damages, if any, caused thereby, the county
shall institute condemnation proceedings, as provided in this article;
and the amount of such compensation and damages, if any, awarded to
the owner in such proceeding shall be paid by such county. The county
shall pay to the landowner 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 no wise
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 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 shall be condemned except in accordance with
3§ 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 contracted
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 intervene. 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
or award 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 pro-
viding 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.

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