CHAPTER 389

An Act to amend the Code of Virginia by adding a section thereto num-
bered 88-67.8, providing for the payment of certain costs to persons
displaced by highway construction. CH 85]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding thereto a new
section numbered 83-67.8 as follows:

§ 33-67.3. (a) For the purposes of this section the following defi-
nitions shall apply:

1. “Eligible person”’—Any individual, family, business concern or
nonprofit organization to be displaced by construction of a project.
“Individual”—A person who is not a member of a family as here-
inafter defined.

“Family’’—Two or more persons, whether or not related, who are
living together in the same quarters.

4. “Business concern”—A corporation, partnership, individual or
other private entity, engaged in a business or professional activity
necessitating fixtures, equipment, stock in trade or other tangible
property for the carrying on of the business or profession on the
premises, including the operation of a farm.

5. “Nonprofit organization’’—A corporation, partnership, individual
or other private entity, engaged in a business, professional or
institutional activity on a nonprofit basis, necessitating fixtures,
equipment, stock in trade, or other tangible property for the car-
rying on of the business, profession or institution on the premises.

6. “Moving expenses”—tThe cost of packing, loading, transporting,
unloading and re-installing personal property, exclusive of the
cost of any additions, improvements, alterations or other physical
changes in or to any structure in connection with effecting such
reinstallation.

(b) Whenever the State Highway Commissioner acquires any real
property by purchase, gift, or the power of eminent domain for a project
and the acquisition results in the displacement of any eligible persons,
such persons shall be entitled to receive reasonable and necessary moving

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for personal property caused by their displacement; provided,
however, that in the case of an individual or family, such payment shall
not exceed the cost of moving 15 miles from the point of displacement or
the sum of two hundred dollars, whichever is less, and in the case of a
business concern or a nonprofit organization such payment shall not exceed
the cost of moving thirty miles from the point of displacement or the sum
of three thousand dollars, whichever is less.

(c) The Commissioner is authorized to adopt such regulations as may
be necessary to implement the provisions of this section and such regu-
lations may include, among other things, provision for payment of fixed
amounts in lieu of actual expenses of individuals and families.

(d) In the event the Commissioner and an eligible person are unable
to agree on the amount payable under this section, the eligible person may
petition the court having jurisdiction of eminent domain proceedings to
be paid his reasonable moving expenses. Service on the State Highway
Commissioner may be had by mailing a copy of the petition to him by
registered mail. Upon hearing the matter the court shall ascertain the
proper amount due the petitioner, subject to the limits in subsection (b),
and order the Commissioner to pay the amount so ascertained

(e) Evidence of any moving expenses or payments made pursuant
to this section is inadmissible in any eminent domain proceeding to deter-
mine the compensation for property to be acquired.

‘(f) The provisions of this section shall not be construed to apply to
any action or proceeding brought or agreement made prior to the effective
date hereof.

2. An emergency exists and this act is in force from the date of passage.