The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-05-12
Phone 386.

condemnation proceedings. This could
hnvo been made clear by the Insertion
| Of the words 'any person" before the
| words ARE entitled to- supra. The
former act prescribed that the first step
! In the condemnation proceeding should
(, be the filing OF In the clerk s office "a
plat Of the survey with n profile show
ing the cuts and fills" etc, and ut the
same time the filing of a petition for the
appointment Of commissioners This
clause as amended now prescrlbes the
| first step to be the filing Of the petition
with specific directions as to the off,
GERS who shall sign the same. the In
| tcrest and estate intended to be taken,
| or the damage likely to arise, the ma
terial facts upon which the application
! is based. and especially tho fact that the
property Is wanted for the uses OF the
company, or where no property Will be
| taken. but property will be damaged, the
| necessity for the work OF Improvement
which will cause or Is likely to cause
| damage This particularly was not made
an incident of the petition by the former
act, and confess that I do not see the
necessity Of It's being made q subject OF
statutory regulation. The law upon the
subject, as set forth by the text writer's
| and authorities In point, Is sufficiently
definite. The amended act then pre-
| scrlbes the filing OF he plat OF survey
and the profile, as BEFORE but also n
1 statement Of the names and residences
| of the owners OF the several parcels Of,
/ Hand which will be taken and the auan-
| tity Of land which will or likely to be
| damaged. I.
The amendments in section 2 apply
i principally to notice. Publication may
be once week Afor two, instead of four,
. successive weeks, and posting for ten
days previous to the application instead
\ OF on the first day of the rules next pre-
cedlng tho applications l understand
/. that Judge Witt, Of the Hastings Court
/ Of this city, expresses the doubt as to
whether there are any rule days In his
j court.
Clause 8 Is amended so as to require
| the report Of the commissioners to lie
/ in tho clerks office for thirty days, In
| stead Of sixty. and recordation Of the
| Same Is dispensed with confirmation
alone being necessary.
Perhaps the most important amendment
| IN the entire act is contained in the last
| sentence OF this clause, which is as fol-
| lows: Nothing In this act contained
| shall be construed as authorizing the con-
| domination Of q less estate In the proper
| ty taken than Is owned by the party
| against whom the proceeding Is. :" Up to
q comparatively recent period, the only
/.
aprllcation was filed, whether that was n
fee simple or life estate or term for
years or pur autre vie BY the act
Of 1902 '3-'4, p. 957, the right given to con.
denim land or other property was specl-
nenlly enlarged by the addition of the
words "or any interest or estate therein"
anu this enlargement appeared throughout
the statute. Under this 1t was thought
by many lawyers that an estate less than
q fee simple or other entire estate OF the
owner OF the property could be condemns
ed-for Instance that II railroad conf
ppny SO desired, 1t could condemn an
easement or right OF way, and II 1t fur
ther desired, for limited period only.
That this view Of the law was the correct
one is at least strongly suggested by tho.
last sentence Of clause Q, above quoted.
However, tho law Is now written that no
less estate than that owned by inc party
acnInst whom the proceeding Is can DC
hereafter taken.
An important amendment to clause Il.
which relates to inquiries by commits
sloner of tho manner in which the COLI
domination fund shall BIO distributed Is
, made by tho recent act by prefaclng the
section as 1t stands In Pollards Code with
thu following words:
After the payment Of the amount o.
compensation and damages into court as
hereinbefore prescribed, the Interest or
estate of tho owner OF owners shall
terminate, and the interest, etc., shall
be vested In tho said compensation or
damages so paid into court as was vested
In such property so taken or Ndamhseu
and all liens by deed OF trust, Judgment
OF otherwise, upon sad property or es-
tate shall be transferred to such money
so paid into court. and the court shan
make such distribution OF such money as
to 1t may seem right, having due regard
10 the interest Of all persons therein,
whether such interest Is vested. contln-
gent or otherwise" Then, conforming
to the old statute, 1t prescribes to enable
the court to make q proper distribution OF
such money, 1t MAY In its discretion refer
tho case to a commissioner.
The amendment OF section rs is inconse-
o,ental. That of section e. however. IS
important. Under the law as 1t Is stated
IN Pollards Code, II tho amount ascer.
tnined by tho commissioners be not paid
either to the party entitled thereto, or
into court within three months from inc
date OF the filing Of the report OF the COM
lnissoners, the proceedings shall be lpso
fucto vacated and dismissed rms nus
been changed, however, so MS to provlas
that In the same event. the proceeulHss
shall on the motion Of any defendant DO
vacated and dismissed "AS 10 HIM
but not otherwise.
Like the majority OF the statutes mep-
toned here, this act does not 80 INV
effect amtil June ID, 900 ninety days aiter
tho adjournment OF the General Asseti''
bly,.
" Acts. page 52o--.An act to amend ana
re- enact section 9 OF chapter = :, eh''fisu
an act concerning corporations
Three aud a half pages Of the prlnted
acts Of this session are taken UP ZOE
the purpose of amending the former aps
by extending Its operations 70 rallroao
corporations heretofore or hereaiter eles
,.,.a ~ sI,.4 iNinnS Of this CHAPTER