CHAPTER 126

An Act to amend and reenact 8§ 28, as amended, 28-f and 24, as amended,
of Chapter III of Chapter 157 of the Acts of Assembly of 1908,
approved March 10, 1908, which provided a charter for the city of
Portsmouth, relating, respectively, to powers of the council, condem-
nation proceedings and the passing of ordinances. rH 89]

Approved March 2, 1964

Be it enacted by the General Assembly of Virginia:

1. That §§ 23, as amended, 23-f and 24, as amended, of Chapter III of
Chapter 157 of the Acts of Assembly of 1908, approved March 10, 1908,
be amended and reenacted as follows:

Ch. ITI. § 23. The powers set forth in §§ * 15.1-841 through 15.1-
907, inclusive, of Chapter 18 of Title 15.1 of the Code of Virginia, as in
force on * July one, nineteen hundred and sixty-four, are hereby conferred
on and vested in the city of Portsmouth.

Ch. III. § 28-f. In addition to the other powers conferred by law the
city may, in exercising the right of eminent domain within the city in
connection 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 for condemnation in the
clerk’s office of a court having jurisdiction. *

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, judg-
ment 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 pos-
session of such property for its uses and purposes and to construct its
works or improvements. 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.
*

All other proceedings under this section shall be had in accordance
with the provisions of the Virginia General Condemnation Act in so far
as they are then applicable and not inconsistent with the provisions of
this section.* Provided, however, that the provisions of § 25-233 of the
Code of Virginia, as now or hereafter in effect, shall apply to any prop-
erty belonging to any corporation possessing the power of eminent domain
that may be taken hereunder; and provided, * further, that nothing herein
contained shall give the said city the authority to acquire by condemnation
property belonging to another city or county.

Ch. III. § 24. Where, by the provisions of this act, or by the general
laws of the State of Virginia, the city council has authority to pass ordi-
nances or regulations on any subject, they may prescribe and impose suit-
able penalties for the violation of such ordinances or regulations or any
of them, by fine not exceeding * one thousand dollars, or by imprisonment
not exceeding twelve months, or both (except where the penalty is in said
charter otherwise provided for), and may provide that the offender, on
failure to pay any fine imposed, shall be imprisoned in the jail of said
city for any term not exceeding six calendar months. Such fines may be
prosecuted and recovered with costs in the name of the city of Ports-
mouth. The city may also maintain a suit to restrain, by injunction, the
violation of any ordinance, notwithstanding such ordinance may provide
punishment for its violation.

2. This act shall be in force and effect on and after July first, nineteen
hundred sixty-four.