dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 4 (Sanitation Districts Law of 1946 — Nontidal Waters)
§ 21-280.1. Bonds mutilated, lost or destroyed.
Should any bond issued by the commission become mutilated or be lost or destroyed the commission may cause a new bond of like date, number and tenor to be executed and delivered in exchange and substitution for, and upon the cancellation of, such mutilated bond and its interest coupons, or in lieu of and in substitution for such lost or destroyed bond and its unmatured interest coupons. Such new bond or coupon shall not be executed or delivered until the holder of the mutilated, lost or destroyed bond (1) has paid the reasonable expenses and charges in connection therewith and (2) in the case of a lost or destroyed bond, has filed with the chairman of the commission satisfactory evidence that such bond was lost or destroyed and that the holder was the owner thereof and (3) has furnished indemnity satisfactory to the commission.

1962, c. 204.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 4 (Sanitation Districts Law of 1946 — Nontidal Waters)
§ 21-281. Inviolability of rights and remedies.
The Commonwealth does pledge to and agree with the holders of any bonds or other obligations issued by any commission pursuant to this chapter that the Commonwealth will not limit or alter the rights hereby vested in such commission to charge and collect such fees, rents and charges and other revenues as may be convenient or necessary in order to comply with the terms and provisions of any contract or contracts made by such commission with such holders, or in any way impair the rights and remedies of such holders, until the bonds and other obligations, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders are fully met and discharged.

1946, p. 365; Michie Suppl. 1946, § 1560iii27.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 4 (Sanitation Districts Law of 1946 — Nontidal Waters)
§ 21-282. Interim certificates.
Pending the preparation, execution and delivery of definitive bonds of the commission to the purchaser of such bonds, interim certificates or other obligations may be issued by the commission to the purchaser. Such interim certificates or obligations shall be in such form and contain such terms, conditions and provisions as the commission issuing the same may determine.

1946, p. 359; Michie Suppl. 1946, § 1560iii10.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 4 (Sanitation Districts Law of 1946 — Nontidal Waters)
§ 21-283. Plans, maps, etc., to be available to commission.
Each county, city or town in whole or in part embraced within a district shall, at the request of the commission, make available to the commission or the agents or employees thereof, any or all maps, plans, specifications, records, books, accounts or other data or things deemed necessary by the commission in the exercise of its powers and duties under this chapter.

1946, p. 362; Michie Suppl. 1946, § 1560iii21.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 4 (Sanitation Districts Law of 1946 — Nontidal Waters)
§ 21-284. Payments by county, city or town.
Each county, city, town or other public body shall promptly pay to any commission all fees, rents and charges which the commission may charge to it as owner or lessee or tenant of real estate in accordance with § 21-260 and shall provide for the payment thereof in the same manner as other obligations of such county, city, town or public body.

1946, p. 362; Michie Suppl. 1946, § 1560iii21.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 4 (Sanitation Districts Law of 1946 — Nontidal Waters)
§ 21-285. Contracts with counties, cities and towns outside of district.
Any commission, and any county, city or town in whole or in part outside of the district, is authorized to enter into a contract or contracts on such terms and conditions as such contract may contain, providing for or relating to the treatment and disposal of sewage or industrial wastes originating in such county, city or town, by means of the sewage disposal system or such other facilities as the commission may determine to provide for such purpose, and such county, city or town is authorized to do everything necessary or proper to carry out and perform every such contract and to provide for the payment or discharge of any obligation thereunder by the same means and in the same manner as any other of its obligations.

In the event any such contract is entered into in accordance with the provisions of this section, provision shall be made therein whereby the cost of rendering the services herein referred to, to such county, city or town, will be borne by such county, city or town.

1946, p. 362; Michie Suppl. 1946, § 1560iii21.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 4 (Sanitation Districts Law of 1946 — Nontidal Waters)
§ 21-286. Additional powers conferred on counties, cities and towns.
The powers conferred by this chapter on counties, cities and towns are in addition and supplemental to the powers conferred by any other law, and may be exercised by resolution of the governing bodies thereof without regard to the terms, conditions, requirements, restrictions or other provisions contained in any other law, general or special, except the State Water Control Law passed at the 1946 regular session of the General Assembly, or in any charter, except that where fees, rents and charges are fixed by a city or town, that power shall be exercised by ordinance.

1946, p. 363; Michie Suppl. 1946, § 1560iii21.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 4 (Sanitation Districts Law of 1946 — Nontidal Waters)
§ 21-287. Discharge into waters of matter causing pollution.
No county, city, town or other public body, or person shall discharge, or suffer to be discharged, directly or indirectly into any waters of the district any sewage, industrial wastes or other refuse which may or will cause or contribute to pollution of any waters of the district, provided, that this provision shall be applicable only to such part or parts of the waters of a district as shall be bounded and described in a notice, published in a newspaper or newspapers having, in the aggregate, general circulation in all of the counties and cities within which or bordering upon which such part or parts of the waters of the district are located, to the effect that the commission has provided facilities reasonably sufficient in its opinion for the disposal of sewage, which by discharge from public sewer systems might cause or contribute to pollution of the bounded and described part or parts of such waters, and that pollution of the same is forbidden by law. Such a notice shall constitute prima facie evidence of the existence of facilities sufficient for the disposal of such sewage. The provisions of this section shall not prohibit the disposal of sewage and industrial wastes in the manner in which the same is now being disposed of, or in any other reasonable manner, by any county, city or town, no part of which constitutes a part of any district, or by any person in any such county, city or town, no part of which constitutes a part of any district.

1946, p. 363; Michie Suppl. 1946, § 1560iii22.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 4 (Sanitation Districts Law of 1946 — Nontidal Waters)
§ 21-288. Discharge of matter injurious to system.
No county, city, town or other public body, or person shall discharge, or suffer to be discharged, directly or indirectly, into the sewage disposal system or any other facilities of or provided by a commission, any matter or thing which is or may be injurious or deleterious to such sewage disposal system or other facilities.

1946, p. 363; Michie Suppl. 1946, § 1560iii22.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 4 (Sanitation Districts Law of 1946 — Nontidal Waters)
§ 21-289. Jurisdiction.
Jurisdiction to enforce the provisions of the two preceding sections and to grant any remedy or relief authorized by this article shall be in the circuit court of any county and in the corporation court of any city in whole or in part embraced within the district, or within which are located any waters of the district. The remedies, relief and jurisdiction authorized by this section shall be concurrent and cumulative.

1946, p. 364; Michie Suppl. 1946, § 1560iii22.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 4 (Sanitation Districts Law of 1946 — Nontidal Waters)
§ 21-290. Punishment of violations.
Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished accordingly.

1946, p. 365; Michie Suppl. 1946, § 1560iii28.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 5 (Hampton Roads Sanitation District)
§ 21-291. Repealed.
Repealed by Acts 1960, c. 66.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 5 (Hampton Roads Sanitation District)
§ 21-291.1. Repealed.
Repealed by Acts 1987, c. 57.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 5 (Hampton Roads Sanitation District)
§ 21-291.2. Creation of District.
Chapter 66 of the Acts of 1960 as amended by Acts 1962, c. 584, Acts 1964, c. 520, Acts 1974, c. 112, Acts 1976, c. 637, Acts 1977, c. 271, Acts 1987, c. 30, Acts 1989, c. 350, Acts 1990, c. 153, Acts 1998, c. 210, Acts 2004, c. 120, Acts 2008, c. 574, Acts 2012, c. 724, Acts 2017, c. 218, and Acts 2021, Sp. Sess. I, c. 428, relating to the creation of the Hampton Roads Sanitation District, is incorporated in this Code by this reference.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-292. Jurisdiction of circuit courts to establish projects.
The circuit courts of the several counties and cities of this Commonwealth shall have jurisdiction, power and authority to establish a levee, or drainage project or projects, in their several counties and cities and in projects as hereinafter set out, and to locate and establish levees, drains or canals and cause to be constructed, straightened, widened or deepened any land drainage, ditch, drain or watercourse, and to build levees or embankments and erect tide gates and pumping plants for the purpose of draining and reclaiming wet, swamp or overflowed lands.

Code 1919, § 1737; 1926, p. 604; 1954, c. 642; 1966, c. 203.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-292.1. "District" means "project.".
Whenever the word district or districts hereinafter appears in this chapter, it shall be construed to mean project or projects.

1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-293. Drainage considered essential.
It is hereby declared that the drainage of the surface water from wet agricultural lands is essential for the successful cultivation of such lands and the prosperity of the community, and the reclamation of overflowed swamps and tidal marshes shall be considered a public benefit and conducive to the public health, convenience, utility and welfare.

Code 1919, § 1737; 1926, p. 604.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-294. Establishment considered public improvement.
It is declared that the preliminary work, establishment and completion of a drainage district shall be classified as a public improvement of an integral part of the county in which such district or part thereof be located, and it shall be the duty of the governing body of each county to cooperate in the promotion of the development of each of such parts of their county, including the construction of public roads, public bridges and the drainage canals of preliminary or finally established drainage districts, and the indirect benefits received by the development of each of the parts of a county are indeed substantial benefits received also by the county, and the value of the indirect benefits received by the county is full compensation for the performance of the duty assigned to the governing body of any county by this chapter, and that the preliminary payment of costs and expenses of surveys of drainage districts, and the assumption or responsibility for necessary bond issues required for established drainage districts, public bridges and public roads shall be construed as revenue producing investments for the county, from which increased revenues will be derived from increased assessments by reason of the improvements and the preliminary payment of the costs and expenses and the assumption of the responsibility by the governing body of a county, shall be considered the performance of a duty towards the several integral parts of their county, for which the county receives full potential value.

Code 1919, § 1737; 1926, p. 605.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-295. Form of petition; bond; summons of landowners not on petition.
Whenever a petition, signed by fifty-one percent or more of the owners of land who own fifty-one percent or more of the land, within a proposed drainage project, according to the county-land book or books or to the latest assessment lists of the county or counties in which such project is located, or by the heirs, guardians, conservators or executors of estates or by those having color of title, or by those in adverse possession, or by the officers of corporations, whose lands will be affected by or assessed for the expense of the proposed improvements, shall be filed in the office of the clerk of the circuit court of any county in which a part of the lands are located, setting forth that any specific body or district of land in the county or adjoining counties, described in such a way as to convey an intelligent idea as to the location of such land, is subject to overflow, or too wet for cultivation, or in need of drainage, and the public benefit or utility or the public health, convenience or welfare, will be promoted by draining, ditching or leveeing the same, or by changing or improving the natural watercourse or courses; and setting forth therein, as far as practicable, the starting point, route and terminus and lateral tile or open branches, of the proposed improvement, and there is filed therewith a bond for the amount or product of ten dollars multiplied by the square root of the estimated number of acres within the bounds of the proposed project, signed by two or more sureties or by some lawful and authorized surety company, to be approved by the clerk, and conditioned for the payment of all costs and expenses incurred in the proceedings in case the court does not grant the prayer of the petition, the clerk shall issue a summons, to be served on all the defendant landowners, including any railway company, who have not joined in the petition and whose lands are affected or included in the proposed drainage district, to show cause, if any there be, why the lands in the proposed drainage project should not be drained or leveed.

Code 1919, § 1738; 1920, p. 608; 1924, p. 707; 1926, p. 605; 1954, c. 642; 1997, c. 801.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-296. Circulation of duplicate originals of petition.
For the convenience of the petitioners, duplicate originals of the same petition may be circulated and separately signed by the several petitioners without the others being present, which the court shall treat in all respects as if the signatures had been placed upon the same copy at the same time.

Code 1919, § 1738; 1924, p. 708; 1926, p. 606.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-297. Service and return of summons; appointment of board of viewers.
The summons may be served by publication as to any defendants who cannot be personally served, as provided by law. Such summons shall be returnable to the first day of any regular term of the circuit court of the county, during which term, or some succeeding term, the court, after determining the sufficiency of the petition, shall immediately enter of record three interested resident freeholders of the proposed project in which the lands are located who have been elected by a majority of the petitioners. Such persons appointed shall constitute a board of viewers who shall select and designate an engineer, or other person experienced with drainage, deemed qualified by the board of viewers to make a preliminary survey and report thereon. After the appointment of the board the question of the sufficiency of the petition may not be again raised, unless the boundary of the district be subsequently changed by the court.

Code 1919, § 1738; 1920, p. 608; 1924, p. 708; 1926, p. 606; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-298. Repealed.
Repealed by Acts 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-299. Notice to viewers of appointment.
The clerk of the court thereupon shall mail a written notice to each member of the board of viewers so appointed, notifying him of his appointment, and requesting that the board proceed without delay to discharge its duties as such according to law.

Code 1919, § 1738; 1924, p. 708; 1926, p. 606.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-300. Filling vacancies on board.
If a vacancy occurs on the board of viewers for any reason a successor shall be chosen in accordance with the provisions of § 21-297.

Code 1919, § 1738; 1920, p. 608; 1924, p. 708; 1926, p. 606; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-301. Compensation of viewers.
The compensation for the services of the board of viewers, together with their incidental expenses to be fixed as herein provided, shall be paid preliminarily by the county treasurer upon the certificate of the circuit judge; the sum so paid shall be refunded, with interest at the rate of six per centum per annum when the drainage fund is subsequently provided for by the sale of bonds, or otherwise, or out of the bond given by the petitioners in case the district is not subsequently established.

Code 1919, § 1738; 1920, p. 608; 1924, p. 708; 1926, p. 606.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-302. Petition based on widening, deepening, etc., of natural streams.
If the majority of the landowners in any wet, swamp or overflowed lands petition the court for a drainage district based on the widening, deepening, cleaning or straightening of such natural streams only as the United States government or the state drainage authorities pronounce as essential for the drainage of such lands, and agree in the petition to a tax levy for such draining, spread equally over each acre, then the court shall entertain such petition and all proceedings shall be in accordance with the provisions of this chapter, except that the viewers shall not classify the lands as to the benefit derived. Furthermore, in any case where it is made to appear, after the natural stream has been widened, reopened, cleaned out or straightened, that the majority of the landowners of any district, formed under the provisions of this section, desire that such district be divided into subdistricts, the court may, in its discretion so order.

Code 1919, § 1738; 1920, p. 608; 1924, p. 708; 1926, p. 607.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-303. Withdrawal of persons signing petition.
If during the proceedings, before or after the filing of the petition, any of the petitioners withdraw from the petition so as to render the number of petitioners whose signatures remain upon the petition insufficient according to § 21-295, and sufficient additional signatures to the petition of the same or other landowners, whose lands will be affected, are not obtained before the next succeeding term, the court shall dismiss the petition at the cost and expense of those who withdraw from the petition, including an engineer's and an attorney's fee for counseling the petitioners, and shall apportion all of the costs and expenses theretofore accrued among those who withdrew at a flat rate per acre, according to the acreage owned by each within the bounds of the proposed drainage district, as indicated in the petition, or otherwise, and judgment shall be entered against those who withdrew and shall be docketed in the judgment docket of the court of the county in which the petition was filed by the clerk thereof if not paid within thirty days from the entry of the order. Ten days' notice, however, shall be given by the clerk to each person affected thereby, of such order of the court.

Code 1919, § 1738; 1926, p. 607.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-304. All landowners need not be listed in petition; amendments.
To render the practical application of this chapter possible in all drainage cases, it shall be sufficient for the petitioners to exercise due diligence to ascertain the names of all the landowners and those having title to land in the proposed district, and it shall not be necessary for the petitioners to list and include with the petition, filed with the clerk, the names of all the landowners in the proposed district; but after the filing thereof with the clerk, as the proceeding progresses, the petition may be amended as often as may be necessary to include the names of additional landowners when, and if others are subsequently ascertained, so that the petition may finally show the names of all the landowners it is possible to ascertain in the proposed district. The names of landowners, if any, in the proposed district, which it was impossible to ascertain after the exercise of due diligence, as aforesaid, shall be classified as unknown owners, who may, at any time, become parties to the proceeding as provided for in § 21-309.

Code 1919, § 1738; 1926, p. 607.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-305. Tile system of drainage.
Whenever a supplementary petition signed by the owner or owners of any tract of land in the proposed district, be subsequently filed with the clerk of the court, requesting that tile be used to drain the tract, the clerk shall immediately notify the engineer of the district of such petition. The engineer shall thereupon design and lay out a system of tile drainage upon the tract, and the board of viewers appointed to classify the lands in the district, as hereinafter provided for, shall, in the schedule of classification, place a special assessment upon the tract and also classify the tract in a class which will result in the total assessment being equal to the cost of the tile drainage of the tract, in addition to the proportional part of the liability for other benefits derived from the drainage canals of the district.

The tile drainage system shall become part of the proposed drainage district, and shall be governed by all the provisions of this chapter, insofar as the same may be applicable.

Code 1919, § 1738; 1926, p. 608.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-306. Compensation of engineer, assistants and viewers.
The board of viewers of the project involved shall at the first meeting after the selection of a drainage engineer make provision for the compensation to be paid him, if any, and his necessary assistants and the members of the board of viewers together with their incidental expenses. The rate of pay to each member of the board of viewers shall not exceed five dollars per day.

When the lands proposed to be drained and created into a drainage district are located in two or more counties, the clerk of the circuit court of either county shall have and exercise the jurisdiction herein conferred, and the venue shall be in that county in which the petition is first filed.

Code 1919, § 1739; 1924, p. 707; 1926, p. 608; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-307. Publication against unknown owners.
If, at the time of the filing of the petition, or at any time subsequent thereto, it shall be made to appear to the court, or the judge thereof in vacation, by affidavit or otherwise, that the owner or owners of the whole or any share of any tract or tracts of land affected or within the bounds of the proposed drainage district, whose names are unknown, and cannot, after due diligence, be ascertained by the petitioners, the court or the judge thereof, shall order a notice in the nature of a summons to be given to all such persons by publication of the petition, or of the substance thereof, and describing generally the tract or tracts of land as to which the owner or owners are unknown, with the order of the court or the judge thereof thereon, in some newspaper published in the county wherein the land is located or in any city within the geographical limits of the county. If no newspaper shall be published in the county or city, then in some newspaper designated in the order of the court or the judge thereof, and a copy of such publication shall also be posted in at least three conspicuous places within the boundaries of the proposed district, and at the courthouse door of the county. Such publication in a newspaper shall be made once a week for four successive weeks.

Code 1919, § 1740; 1926, p. 608.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-308. Appointment of representative of unknown owner.
After the time of publication shall have expired, if no person claiming and asserting title to the tract or tracts of land and entitled to notice shall appear, the court or the judge thereof, in its or his discretion, may appoint some disinterested person to represent the unknown owner or owners of the lands, and thereupon the court shall assume jurisdiction of the tract or tracts of land, and shall adjudicate as to the lands to the same extent as if the owners were present and represented, and shall proceed against the land itself.

Code 1919, § 1740; 1926, p. 609.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-309. Subsequent appearance of unknown owners.
If at any time during the pendency of the drainage proceeding the owner or owners of the lands shall appear in person, they may be made parties defendant of their own motion and without the necessity of personal service, and shall thereafter be considered as parties to the proceeding, but they shall have no right to except to or appeal from any order or judgment theretofore rendered as to which the time for filing exceptions or notice shall have expired.

Code 1919, § 1740; 1926, p. 609.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-310. Guardian ad litem for infants and incapacitated adults.
These proceedings shall not be stayed because of infancy or incapacity; but the court in which the petition was filed shall appoint some discreet and competent attorney at law as guardian ad litem to any infant or incapacitated person who may own or be interested in any of the land affected by these proceedings, whether such persons have been served with process or not. If no such attorney is found willing to act, the court shall appoint some other discreet and proper person as guardian ad litem, but the person so appointed shall not be liable to costs. Every guardian ad litem shall faithfully represent the interest or estate of the infant or incapacitated person for whom he is appointed, and it shall be the duty of the court to see that the estate of such defendant is so represented and protected. Wherever the court is of opinion that the interests of any infant or incapacitated person require, it shall remove any guardian ad litem and appoint another in his stead.

Code 1919, § 1741; 1997, c. 801.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-311. Recordation of petition and orders.
A copy of the petition, duly certified by the clerk of the court in which the same was originally filed, shall be recorded in the deed book in the clerk's office, of each county in which any of the lands affected thereby are located and duly indexed in the names of all the parties, the costs of such recordation to be taxed as a part of the costs of the proceedings. Any orders in the proceedings whereby other persons are made parties, shall be recorded and indexed in like manner.

Code 1919, § 1742.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-312. Examination; preliminary report.
The board of viewers shall proceed, as soon as practicable, to examine the land described in the petition and other land if necessary, to locate properly such improvement or improvements as are petitioned for, along the route described in the petition, or any route answering the same purpose, if found more practicable or feasible, unless previously surveyed by United States or other engineer and may run levels such as may be necessary to determine the elevation of the several parts of the district, and shall make and return to the clerk of the court of the county, within sixty days, unless, either before or after the expiration of the period, the time shall be, for good cause shown, extended by the court, or the judge thereof in vacation, a written report, signed by the members of the board or by the majority, thereof, which shall in the case of drainage, set forth:

(a) Whether the proposed drainage is practicable or not;

(b) Whether it will benefit the public health or any public highway or be conducive to the general welfare of the community;

(c) Whether the improvement proposed will benefit the lands sought to be benefited;

(d) The character of the lands and their probable value after the proposed drainage has been completed;

(e) Whether or not all the lands that are benefited are included in the proposed drainage district; and naming the owners thereof and the approximate acreage of each which they estimate will be affected. They shall also file with this report a map of the proposed drainage district, showing the location of the ditch or ditches or other improvements to be constructed and the lands that will be affected thereby, and such other information as they may have collected that will tend to show the correctness of their findings.

Code 1919, § 1743; 1920, p. 607; 1926, p. 609.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-313. Repealed.
Repealed by Acts 1954, c. 642.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-314. Notice of consideration of preliminary report.
After the petition is entertained by the court, notice shall be given to all interested landowners or their representatives in writing mailed to their last known address and by publication in two consecutive issues of any daily or weekly newspaper published in any city, town or village situated within the original geographical bounds of the county or counties in which the proposed district is located, if such there be, otherwise in any daily or weekly newspaper designated by the court or the judge thereof, and also by posting a written or printed notice at the door of the courthouse, that on the date set, naming the day, the court will consider and pass upon the preliminary report of the board of viewers. At least five days shall intervene between the date of the second publication and the posting of the notices and the date set for the hearing.

Code 1919, § 1745; 1926, p. 610; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-315. Hearing objections to preliminary report.
At the date appointed for the hearing, or upon any date to which the same may be continued, in its discretion, the court shall hear and determine any objection that may be offered to the report of the board of viewers.

Code 1919, § 1746.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-316. Exclusion of land not affected by drainage.
If it appears that there is any land within the proposed levee or drainage district that will not be affected by the leveeing or drainage thereof, such lands shall be excluded and the names of the owners withdrawn from such proceeding.

Code 1919, § 1746.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-317. Changing boundaries to include land affected.
If it shall be shown that there is any land not within the proposed district that will be affected by the construction of the proposed levee or drain, the boundary of the district shall be so changed as to include such land, and such additional landowners shall be made parties plaintiff or defendant, respectively, and summons shall be issued accordingly, as hereinbefore provided. And, upon petition of any party so summoned, filed within ten days after such summons has been served upon him, the court shall hear and decide any objection made by the petitioner as to the establishment of the district or the inclusion of the petitioner's land in the same. After such changes in the boundary are made, the sufficiency of the petition shall be verified to determine whether or not it conforms to the requirements of § 21-295. Any person, whose lands are affected, may, at this stage of the proceedings, sign the petition so as to render same sufficient.

Code 1919, § 1746.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-318. Determining efficiency of drainage; changes.
The efficiency of the drainage or levee shall also be determined, and if it appears that the location of any levee or drain can be changed so as to make it more effective, or that other branches or spurs should be constructed, or that any branch or spur projected may be eliminated, or other changes made that will tend to increase the benefits of the proposed work, such modification and changes shall be made by the court.

Code 1919, § 1746.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-319. Board of viewers to attend hearing.
The board of viewers shall attend such hearing, and give any information or evidence that may be sought to verify and substantiate their report.

Code 1919, § 1746.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-320. Repealed.
Repealed by Acts 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-321. Preliminary establishment of district.
The above facts having been determined to the satisfaction of the court, and the approximate boundaries of the proposed district determined, it shall declare the preliminary establishment of the drainage or levee district, which shall be designated by name or number, for the object and purpose as herein set forth.

Code 1919, § 1746.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-322. Land excluded from district but located within boundaries.
If any lands shall be excluded from the district because of the court having found that such lands will not be affected or benefited, and the names of the owners of such lands have been withdrawn from such proceedings, but such lands are so situated as necessarily to be located within the outer boundaries of the district, such fact shall not prevent the establishment of the district, and the lands shall not be assessed for any drainage tax, but this shall not prevent the district from acquiring a right-of-way across such lands for constructing a canal or ditch or for any other necessary purpose authorized by law.

Code 1919, § 1746.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-323. Condemnation of land.
If it shall be necessary to acquire a right-of-way and outlet over and through any lands or to remove any dam or other obstacle, whether the same is or is not operated under a decree of court, and the same cannot be acquired by purchase at a price deemed reasonable by the court upon report to the court by the board of viewers thereupon, then in such event the power of eminent domain is conferred, and the same may be condemned. Such owner of the land, dam, or other obstacles proposed to be condemned, may all be made parties defendant in one condemnation suit or proceeding, whether such owner or owners are all interested in one tract or parcel of land, dam or other obstacle, or different owners are interested in different tracts or parcels of land or different dams or other obstacles, and the procedure in such condemnation suit or proceeding shall be under the restrictions provided by the general statutes of this Commonwealth relative to the condemnation of land so far as the same may be applicable and are not in conflict with the provisions of this chapter.

Code 1919, § 1747; 1928, p. 604.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-324. Right of appeal.
Any person or corporation owning lands within the drainage or levee district, which he or it thinks will not be benefited by the improvement, and should not be included within the district, shall have a right to appeal as provided by Chapter 26 (§ 8.01-669 et seq.) of Title 8.01; but such appeal shall be perfected within sixty days from the date of the order finally establishing the drainage district, after which time, no appeal shall be allowed.

Code 1919, § 1748; 1926, p. 610.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-325. Complete survey.
After the district is preliminarily established the court shall refer the report of the board of viewers back to them, and unless United States or state engineers have already surveyed the district or the major portion thereof, may make a complete survey, plans and specifications for the drainage or levees, and fix a time when the board of viewers shall complete and file their report, not exceeding six months; but such time may be extended by the court for good cause shown, either before or after the expiration of the time.

Code 1919, § 1749; 1920, p. 607.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-326. Assistance in making survey.
The board of viewers shall have power to employ such assistants as may be necessary to make a complete survey of the drainage district, and unless already completely surveyed and chartered, by United States or state engineers, shall enter upon the ground and make a survey of the main drain, or drains, and all its laterals, as approved by the court at the preliminary hearing, or any other drainways, answering the same purpose, if found more feasible or economical.

Code 1919, § 1750; 1920, p. 609; 1926, p. 610.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-327. Courses, distances and levels.
The line of each ditch, drain or levee shall be plainly and substantially marked upon the ground, by the cutting or marking of necessary trees, staking or otherwise. The course and distance of each ditch shall be carefully noted and sufficient notes made so that it may be accurately platted on the plan of the drainage district. A line of levels shall be run for the entire work, and sufficient data secured from which accurate profiles and plans shall be made.

Code 1919, § 1750; 1920, p. 609; 1926, p. 611.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-328. Bench marks.
Frequent bench marks shall be established along the line, on permanent objects, and their elevation recorded in the field books.

Code 1919, § 1750; 1920, p. 610; 1926, p. 611.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-329. Other levels.
If it is deemed expedient by the board of viewers, other levels may be run to determine the fall from one part of the district to another. If an old watercourse, land drainage, ditch or channel is to be widened, deepened, or straightened, it shall be accurately cross-sectioned so as to compute the number of cubic yards saved by the use of such old channel.

Code 1919, § 1750; 1920, p. 610; 1926, p. 611.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-330. Drainage map.
A drainage map of the district shall then be completed, showing the location of the ditch or ditches, and other improvements, and the acreage as closely as may be determined by the records, or if necessary, from the notes of the survey, by the drainage engineer, of the lands, designating each tract by a number, owned by each individual landowner or corporation within the district. The location of any railroads or public highways and the boundary of any incorporated town or village within the district shall be shown on the map.

Code 1919, § 1750; 1920, p. 610; 1926, p. 611.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-331. Profile of each levee, etc.; estimate of costs; rights-of-way.
There shall also be prepared to accompany this map a profile of each levee, drain, or watercourse, showing the surface of the ground, the bottom of the grade of the proposed improvement and the number of cubic yards of excavation or fill in each mile or fraction thereof, and the total number of cubic yards in the proposed improvement and the estimated cost thereof, the cost of any other work required to be done including the cost of the rights-of-way for the levees, drains and ditches of the district, and the report shall state an estimate of the cost thereof and what rights-of-way are required to be purchased or condemned, and the board of viewers is directed to obtain the consent in writing of such landowners as will permit the levees, ditches and drains to be constructed through their lands without charge on their part for the land so to be taken and occupied, and before the county board of drainage commissioners hereinafter mentioned shall advertise for bids under the provisions of this chapter, they shall proceed to condemn such lands as shall have been reported by the board of viewers and approved by the court as necessary to be condemned; such condemnation proceedings to be in accordance with § 21-323.

Code 1919, § 1750; 1920, p. 610; 1926, p. 611.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-332. Adoption of surveys already made.
In any case where surveys have been made by or under the direction of any engineer, surveyor, corporation, town, city, county, state or of the United States government, of lands, in any part or parcel of land included within any proposed drainage district, authority is given to the court in which the proceedings involving such land are condemned to adopt such survey or surveys and such information concerning the same as can be obtained from the engineer, surveyor, corporation, town, city, county, state or United States government, and to dispense with any other survey work which in its judgment can be omitted without prejudice to the right of any party whose lands are affected.

Code 1919, § 1750; 1920, p. 610; 1926, p. 611.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-333. Assessment of damages.
It shall be the further duty of the board of viewers to assess the damages claimed by anyone that are justly right and due him for land taken or for inconvenience imposed because of the construction of the improvement or for any other legal damages sustained. Such damage shall be considered separate and apart from any benefit the land would receive because of the proposed work.

Code 1919, § 1751.