CHAPTER 62

An Act to amend and reenact § 186(a) of Chapter 84, Acts of the General
Assembly of 1918, approved February 7, 1918, as amended, which
provided a charter and special form of government for the City of
Norfolk, relating to the power of eminent domain and the procedure
therefor, so as to provide for the designation of the time for com-
missioners to meet and to change certain references to State Code
sections contained therein to the present existing State Code sections.

[H 117]
Approved February 21, 1964

Be it enacted by the General Assembly of Virginia:

1. That § 186(a) of Chapter 84, Acts of the General Assembly of 1918,
approved February 7, 1918, as amended, which provided a charter and
special form of government for the City of Norfolk, be and the same is
hereby amended and reenacted so as to read as follows:

§ 1386(a). Procedure upon exercise of right of eminent domain.

In addition to the other powers conferred by law the city may, in
exercising the right of eminent domain, make use of the procedure pre-
scribed 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 in a lump sum the total funds necessary to compen-
sate the owners thereof for the property to be acquired or damaged. Upon
the adoption of such ordinance the city may file a petition in the clerk’s
office of a court having jurisdiction, which shall be signed by the city
manager and set forth the interest or estate to be taken in the property
and the uses and purposes for which the property or the interest or estate
therein is wanted; or when property is not to be taken but is likely to be
damaged, the necessity for the work or improvement which will cause or
is likely to cause such damage. There shall also be filed with the petition
a plat of a survey of the property with a profile showing cuts and fills,
trestles and bridges, if any, and a description of the property which, or
an interest or estate in which, is sought to be taken or likely to be dam-
aged and a memorandum showing names and residences of the owners
and tenants of the property, if known, and showing also the quantity of
property which, or an interest or estate in which, is sought to be taken
or which will be or is likely to be damaged. There shall be filed also with
the petition a notice thereof directed to the owners and tenants of the
property, if known, copies of which shall be served on such owners as well]
as on the tenants of such property, if known. If any such person be
unknown or a nonresident of the State or cannot with reasonable dili-
gence be found in the State, or if his residence be unknown, he may be
proceeded against by order of publication published once a week for two
successive weeks in a daily newspaper published in the City of Norfolk,
and shall be posted at a main entrance to the courthouse.

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 shall order that the interest or estate of the owner of such property
shall terminate and the title of 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, for which he shall receive the fees prescribed for recording a deed,
which shall be paid by the city.

If the city and the owner of property so taken or damaged agree
upon comnvensation therefor, upon filing such agreement in writing in the
clerk’s office of such court the court or judge thereof in vacation shall
make such distribution of such funds as to it may seem right, having due
regard to the interest of all persons therein whether such interest be
vested, contingent or otherwise, and to enable the court or judge to make
a proper distribution of such money it may in its discretion direct in-
quiries to be taken by a special commissioner in order to ascertain what
persons are entitled to such funds and in what proportions and may direct
what notice shall be given of the making such inquiries by such special
commissioner.

If the city and the owner cannot agree upon the compensation for the
property taken or damaged, if any, upon the filing of a memorandum in
the clerk’s office of said court to that effect, signed by either the city or
the owner, the court shall appoint commissioners provided for in * § 25-
46.20 of the Code of Virginia, and shall in the order appointing such com-
missioners designate the day and hour for them to meet, and all proceedings
thereafter shall be had as provided in * §§ 25-46.20 through * 25-46.34 of
the Code of Virginia insofar as they are then applicable and not inconsistent
with the provisions of this section, and the court shall order the deposit
in bank to the credit of the court such additional funds as appear to be
necessary to cover the award of the commissioners or shall order the
return to the city of such funds deposited that are not necessary to com-
pensate such owners for property taken or damaged. The commissioners
So appointed shall not consider improvements placed upon the property by
the city subsequent to its taking nor the value thereof nor the enhance.
ment of the value of the property by such improvements in making their
award. Provided, however, that the provisions of § 25-233 of the Code of
Virginia, as now or hereafter in effect, shall apply to any property belong-
ing to any corporation possessing the power of eminent domain that may
be taken hereunder.

Provided, however, that nothing herein contained shall give the said
city the authority to acquire by condemnation property belonging to
another city or county.
An emergency exists and this act is in force from its passage.