An Act to amend and reenact § 46.1-299, as amended, of the Code of Virginia, relating to devices signalling intention to turn or stop and rules therefor.
Volume 1968 Law 99
Volume | 1964 |
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Law Number | 269 |
Subjects |
Law Body
CHAPTER 269
An Act to amend and reenact § 15.1-288 of the Code of Virginia, relating
to counties taking possession of property prior to condemnation.
[S 126]
Approved March 31, 1964
Be it enacted by the General Assembly of Virginia:
1. That § 15.1-238 of the Code of Virginia be amended and reenacted
as follows:
§ 15.1-238. (a) In the exercise of the power of eminent domain as
provided hereinabove, and subject to the provisions of this section, every
county 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, of acquiring necessary land for
the construction of drainage facilities, water supply and sewage disposal
systems and roads and facilities relating thereto, or for any of the purposes
set out in § 25-232, 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 county under
condemnation proceedings unless, prior to entering upon and taking pos-
session of such property or right of way, the governing body of the 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 an
ordinance or resolution 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
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 com-
pensation 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 the 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 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 construc-
tion 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 con-
demned except in accordance with §§ 15.1-335 to 15.1-340 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
(d) Any owner of property or rights of way sought to be taken by the
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 de-
termine whether or not such taking is of * such necessity as to justify
resort to entry upon the land prior to an agreement 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 * necessity 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.