§ 136a. 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 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 in a lump sum the total 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 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 damaged 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 diligence 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, judgment 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 possession 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 compensation 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 inquiries 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 section 25-46.20 of the Code of Virginia, and shall in the order appointing such commissioners designate the day and hour for them to meet, and all proceedings thereafter shall be had as provided in sections 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 compensate 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 enhancement of the value of the property by such improvements in making their award. Provided, however, that the provisions of section 25-233 of the Code of Virginia, as now or hereafter in effect, shall apply to any property belonging 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. (Acts 1948, Ch. 233; Acts 1964, Ch. 62)