dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-393. Notice of issuance of bonds.
The board of viewers of the county in which the petition was filed shall give notice by publication three times in some newspaper published in the county in which the project, or some part thereof, is situated, if there be any such newspaper, with the first publication appearing no more than 35 days before and the third publication appearing no less than seven days before the hearing, and also by posting a written or printed notice at the door of the courthouse and at five conspicuous places in the project, reciting that they propose to issue drainage bonds for the total cost of the improvement, giving the amount of the bonds to be issued, the rate of interest that they are to bear, and the time when payable.

Code 1919, § 1772; 1926, p. 623; 1954, c. 642; 2023, cc. 506, 507; 2024, cc. 225, 242.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-394. Payment of full amount by landowner.
Any landowner in the project not wanting to pay interest on the bonds may, within fifteen days after the last publication of the notice, pay to the treasurer of the county in which his land is located the full amount for which his land is liable, to be ascertained from the assessment list, and the certificate of the board of viewers showing the total cost of the improvements, and have his lands released from liability to be assessed for the improvement; but such land shall continue liable for any future assessment for maintenance or for any increased assessment authorized under this chapter.

Code 1919, § 1772; 1926, p. 623; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-395. Defense; waiver.
Every person owning land in the district who shall neglect or fail to pay to the treasurer of the county in which his land is located the full amount for which his land is liable, within the time above specified, shall be deemed as consenting to the issuance of the drainage bonds, and in consideration of the right to pay his proportion in installments he thereby waives his right of defense to the payment of any assessments which may be levied for the payment of the bonds, because of any irregularity, illegality, or defect in the proceedings prior to such time, except in case of an appeal, as hereinbefore provided, which is not affected by this waiver.

Code 1919, § 1773.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-396. Issuing bonds; amount.
At the expiration of fifteen days after publication of notice of bond issue, the board of viewers of the county in which the petition was filed may issue bonds of the drainage project for an amount equal to the total cost of the improvement, including all costs as allowed under the terms of this chapter, less such amounts as shall have been paid in cash to the county treasurer, or treasurers, plus an amount sufficient to pay interest on the bond issue for the three years next following the date of issue.

Code 1919, § 1774; 1920, p. 612; 1926, p. 623; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-397. Interest and maturity of bonds.
The bonds shall bear not more than six per centum interest per annum payable semiannually, and shall be paid within thirty years, the first installment of principal shall mature at the expiration of three years from the date of issue.

Code 1919, § 1774; 1920, p. 612; 1926, p. 623.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-398. Sale of bonds and disposition of proceeds.
The board of viewers, after widely advertising the sale of the bonds in such publications as they deem necessary, may sell the bonds upon the approval of the court or the judge thereof, to the highest bidder, or bidders, and devote the proceeds to the payment for the work as it progresses, and to the payment of the interest on the bonds for the three years next following the date of issue, and to the payment of outstanding indebtedness and the other expenses of the project provided for in this chapter, including a reasonable attorney's fee to counsel for conducting the proceedings, the amount of such fee to be fixed by the court.

Code 1919, § 1774; 1920, p. 612; 1926, p. 623; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-399. Same; records.
The proceeds derived from the sale of such bonds shall be for the exclusive use of the levee or drainage project specified on their face, and the bonds shall be numbered by the board of viewers and recorded in the drainage record, which record shall set out specifically the lands embraced in the project on which the tax has not been paid in full, which land is to be assessed as hereinafter provided.

Code 1919, § 1774; 1920, p. 612; 1926, p. 623; 1954, c. 642.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-400. Right of holders on default.
If any installment of principal or interest represented by the bonds shall not be paid at the time and in the manner when the same shall become due and payable, and such default shall continue for a period of six months, the holder or holders of such bond or bonds upon which default has been made shall have a right of action against the board of viewers wherein the circuit court may issue a writ of mandamus against the drainage project, its officers, including the county treasurer, or treasurers, directing the levying of a tax or special assessment as herein provided, and the collection of the same, in such sum as may be necessary to meet any unpaid installment of principal and interest and costs of action, and such other remedies are hereby vested in the holder or holders of such bond or bonds in default as may be authorized by law. The right of action is vested in the holder or holders of such bond or bonds upon which default has been made, authorizing them to institute suit against any officer on his official bond for failure to perform any duty imposed by the provisions of this chapter. The official bond of any county treasurer shall be liable for the faithful performance of the duties herein assigned him. Such official bonds may be increased by the governing body of any county or the board or party having such authority.

Code 1919, § 1774; 1920, p. 613; 1926, p. 624; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-400.1. Bonds mutilated, lost or destroyed.
Should any bond issued under this chapter become mutilated or be lost or destroyed, the board of viewers may cause a new bond of like date, number and tenor to be executed and delivered in exchange and substitution for and upon 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 shall not be executed or delivered until the holder of the mutilated, lost or destroyed bond (1) has paid the reasonable expense and charges in connection therewith and (2) in the case of a lost or destroyed bond, has filed with the board of viewers and the county treasurer 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 county treasurer.

1962, c. 202.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-401. Exemption of bonds from taxation.
The bonds and coupons issued under and by authority of this and other sections of this chapter shall be exempt from all county or municipal taxation or assessment, direct or indirect, general or special, whether imposed for purposes of general revenue or otherwise, and the interest thereon shall not be subject to taxation as for income, nor shall such bonds and coupons be subject for taxation when constituting a part of the surplus of any bank, trust company, or other corporation, but when constituting a part of such surplus shall be deducted from the total assets in order to ascertain the taxable value of such shares.

Code 1919, § 1774; 1920, p. 613; 1926, p. 624.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-402. Changing assessments to conform to judgment.
Where the board of viewers has confirmed an assessment for the construction of any public levee, ditch, or drain, and such assessment has been modified by the court to which an appeal has been taken, but for some unforeseen cause it cannot be collected, the board of viewers shall have the power to change or modify the assessments as originally confirmed to conform to the judgment of the higher court, and to cover any deficit that may have been caused by the order of the court or unforeseen occurrence.

Code 1919, § 1776; 1926, p. 624; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-403. Ratio of relevy.
The relevy shall be made for the additional sum required in the same ratio on the lands benefited as the original assessment was made.

Code 1919, § 1776; 1926, p. 624.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-404. Payment of assessments from proceeds of sale of land.
If any person, or any number of persons, claiming to have a title to any tract or tracts of land subject to assessment or drainage tax, shall fail to pay an annual assessment levied against such lands, and a county treasurer shall be compelled to sell such lands under the law for the purpose of making such collection, the net proceeds of such sale shall be held by him and disbursed for the purpose of paying the current assessment and future annual assessments so far as the proceeds may be sufficient.

Code 1919, § 1776; 1926, p. 624.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-405. Procedure when value of land not equal to future assessments.
When the fund in the custody of any county treasurer shall be exhausted in the payment of annual assessments against such lands, or there shall not be a sufficient sum to pay the next annual assessment, such treasurer shall immediately give written notice to that effect to the chairman of the board of viewers of the county in which the petition was filed, and to the clerk of the board, and also to the clerk of the circuit court of the county for which he is treasurer, whereupon the board of viewers for the county in which the petition was filed shall institute an investigation of the tract or tracts of land to determine the market value thereof, and if they shall find the market value of the tract or tracts is not equal to all the future annual assessments to cover its share of installments of principal and interest on the outstanding bonds, they shall proceed to make new assessment rolls on all the remaining lands in the project and increase the sum in sufficient sums to equal the deficit thereby created, and such new assessment rolls shall constitute the future assessment rolls until changed, according to law, and shall be certified to the proper county treasurer or treasurers as herein provided in lieu of the former assessment rolls.

However, the tract or tracts of land which have been so sold by any county treasurer shall continue on the assessment rolls in the name of the new owner, but reassessed upon the new basis, and the drainage tax collected at the same time and in the same manner as other lands, so long as the lands may have sufficient market value out of which to collect the annual drainage tax, and when such lands shall fail to have such value, or shall be abandoned by the person claiming title thereto, the board of viewers may omit the same from the assessment roll; but the lands may in the same manner at any time in the future be restored to the assessment rolls.

Code 1919, § 1776; 1926, p. 624; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-406. Surplus in hands of treasurer.
If the funds in the hands of any county treasurer at any time arising under §§ 21-403, 21-404, 21-405, 21-408 or 21-409, or in any other manner, shall be greater than is necessary to pay the annual installments of principal and interest, or the annual cost of maintenance of the drainage works, or both, such surplus shall be held by the county treasurer for future disbursements for other purposes as herein provided or subject to the order of the county board of drainage commissioners of the county in which the petition was filed.

Code 1919, § 1776; 1926, p. 625.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-407. Impairment or destruction of work during construction.
If there shall be any impairment or destruction of the drainage work by any unforeseen cause or occurrence not anticipated during the period of construction by the contractor, the contractor shall nevertheless repair and complete the works according to the contract and specifications, and shall be liable therefor and also his sureties on his bond.

Code 1919, § 1776; 1926, p. 625.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-408. Default by contractor.
If the contractor shall make default and if there shall be a failure to collect all the damages from such contractor and the sureties upon his bond, and it shall thereby be necessary to raise a greater sum of money to complete the drainage works in accordance with the plans, or for any other unavoidable cause it shall be necessary to raise a greater sum to complete such drainage work, the board of viewers of the county in which the petition was filed shall prepare new assessment rolls upon all the lands in the project upon the original basis of classification of benefits, and increase the same in sufficient sums to equal the deficit thereby created, and the same shall constitute the new assessment rolls until changed according to law, and shall be certified to the county treasurer or treasurers as herein provided.

Code 1919, § 1776; 1926, p. 625; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-409. When additional bonds may be issued.
If for any of the causes hereinbefore recited, or for any other cause, a sum of money greater than the proceeds of sale of the drainage bonds shall become necessary to complete the drainage system, and the board of viewers shall determine that the amount to be raised is greater than can be realized from the collection of one annual assessment upon the lands in the drainage project without imposing an undue burden upon the lands, or if it is advisable or necessary to raise the money more expeditiously, then and under such conditions additional bonds may be issued in such aggregate sum as may be necessary.

Code 1919, § 1777; 1926, p. 626; 1954, c. 642.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-410. Procedure for issuance of additional bonds.
The proceedings for the issue of such additional bonds shall be substantially as follows: The board of viewers of each drainage project in the county in which the petition was originally filed shall issue a notice to all the owners of land within the drainage project, setting forth all the facts which require the expenditure of more money and the issue of additional bonds to complete the drainage system, which shall be accompanied by the recommendation of the drainage engineer, selected by the board of viewers directing each to appear before them on a certain day, mentioning the day, at least ten days' notice being given, and show cause, if any they have, why the additional bonds should not be authorized and issued, which notice shall be served personally on each such landowner by leaving a copy at their residence or place of business, and, if the same cannot be personally served, then it shall be served by publication as hereinbefore stated, or in the manner authorized by law. Any landowner may file an answer denying any material allegation in the notice or setting forth any valid objection to the same before the return day thereof. Upon the day when the notice is returnable, or on such day, as to which the same may have been continued, the board of viewers shall proceed to hear the answers. If they find that the answers are not material, and that the issue of additional bonds is advisable or necessary, it shall make an appropriate order authorizing and directing the issue of such additional bonds, fixing the amount of the issue, the date of the same, the time when the interest and principal shall be payable, and all other matters necessary and appropriate in the premises. Any landowner may appeal from the order of the board of viewers, as provided by Chapter 26 (§ 8.01-669 et seq.) of Title 8.01, and on such appeal only the issue raised in the answer shall be considered. After the board of viewers shall have ordered the additional issue of bonds the further procedure as to the assessment rolls, the levy and collecting of drainage taxes, the disbursement of the revenue therefrom for the payment the bonds and interest thereon, and all future procedure shall be the same as required by the preceding sections of this chapter, and amendments thereto, for the establishment of drainage projects.

Code 1919, § 1777; 1926, p. 626; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-411. Amount, interest and maturity of additional bonds.
The additional bonds issued shall not exceed twenty-five per centum of the total amount originally issued, and shall bear not more than six per centum interest per annum, and may be made payable in ten annual installments, or lesser number of annual installments as nearly equal as may be, as recommended by the board of viewers having jurisdiction over the same.

Code 1919, § 1777; 1926, p. 627; 1954, c. 642.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-412. When refunding bonds may be issued.
When any drainage project operating under the provisions of this chapter shall have bonds outstanding, either due or to become due, and when it shall seem to the board of viewers having jurisdiction over such drainage project that it is to the best interest of such drainage project to refund such outstanding bonds in whole or in part, such board of viewers is hereby authorized to refund all or part of such outstanding bonds by the issuance of the negotiable refunding bonds of such project.

1934, p. 4; Michie Code 1942, § 1777a; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-413. Maturity, interest and registration of refunding bonds.
The refunding bonds so authorized shall mature at one time or in installments, not more than forty years from their date, shall bear interest at not to exceed six percent per annum, may be made callable on any interest payment date and may be made registerable as to principal, all as provided in the resolution of the board of viewers authorizing the issuance thereof.

1934, p. 4; Michie Code 1942, § 1777a; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-414. Sale or exchange of refunding bonds.
The board of viewers may provide for the exchange of the refunding bonds for a like or greater par amount of the bonds to be refunded, or may provide for the sale of such refunding bonds and the application of the proceeds of the sale thereof to the retirement of the bonds to be refunded.

1934, p. 4; Michie Code 1942, § 1777a; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-415. How refunding bonds sold.
If to be sold, such refunding bonds may be sold at public or private sale, as in the judgment of the board of viewers may seem best, provided that such refunding bonds may be sold below par only if a like par amount of the bonds to be refunded may be retired at a price correspondingly below par, it being the intent hereof that in no event shall there be issued an amount of refunding bonds larger than the par amount of bonds refunded thereby.

1934, p. 4; Michie Code 1942, § 1777a; 1954, c. 642.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-416. Collection of assessments on retired bonds.
All uncollected assessments levied for payment of principal of and interest on bonds of such project refunded and retired by the issuance of refunding bonds hereunder may be continued in force, and the proceeds of the collection thereof pledged and applied to the payment of principal of and interest on the refunding bonds issued in lieu of such original bonds, and if the outstanding bonds are retired at less than their par value in such manner as to reduce the bonded indebtedness of the project the assessments theretofore levied for the payment of such indebtedness may in the discretion of the board of viewers be proportionately reduced.

1934, p. 4; Michie Code 1942, § 1777a; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-417. Additional assessments to pay principal and interest on refunding bonds.
If the proceeds of the assessments levied for the payment of the original bonds shall at any time prove insufficient to pay principal of and interest on such refunding bonds, or if it shall at any time appear to the board of viewers that there is likelihood of the insufficiency of such assessments, the board shall provide for the levy and collection of additional assessments sufficient for such purpose and the holder or holders of refunding bonds issued hereunder shall have a right of action to compel such levy in the manner provided in this chapter.

1934, p. 4; Michie Code 1942, § 1777a; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-418. Cancellation of assessments for retired bonds.
If the board of viewers deems it advisable it may, prior to the issuance of refunding bonds, order the cancellation of the assessments levied for the payment of the bonds refunded, except in so far as such assessments were levied for the payment of bonds not actually retired by the issuance of refunding bonds, and may direct the preparation of new assessment rolls and the levy and collection of new assessments sufficient for the payment of principal of and interest on such refunding bonds.

1934, p. 4; Michie Code 1942, § 1777a; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-419. Preparation of assessment rolls when additional assessments made.
In the event new or additional assessments are levied pursuant to the provisions of the two preceding sections, such rolls shall be prepared and such assessments shall be levied in all respects as provided by the provisions of this chapter for the preparation of the original rolls and levy of the original assessments.

1934, p. 5; Michie Code 1942, § 1777a.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-420. How additional assessments made.
If additional or new assessments are so levied, such assessments shall be made on the same basis as the original assessments, and shall be levied only after all persons interested shall have been given full hearing by the board of viewers on the question of benefits and any other question on which they shall desire to be heard. Notice of such hearing shall be given by publication twice in a newspaper of general circulation published in a county in which such project is located in whole or in part, with the first publication appearing no more than 28 days before and the second publication appearing no less than seven days before the hearing. The determination of the board of viewers shall be final.

1934, p. 5; Michie Code 1942, § 1777a; 1954, c. 642; 2023, cc. 506, 507; 2024, cc. 225, 242.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-421. Law applicable to original bonds applies to refunding bonds.
Except as herein otherwise provided, refunding bonds issued hereunder shall be authorized and issued in the manner provided in this chapter for the authorization and issuance of other bonds of such drainage project, and except as above provided no notice or hearing of any kind shall be necessary to the authorization, sale or issuance of such refunding bonds or to the readjustment of assessments or levy additional or new assessments as herein provided, and it shall not be necessary that any orders or resolutions of the board of viewers incident thereto have court approval.

1934, p. 5; Michie Code 1942, § 1777a; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-422. Contracts with United States as to refunding.
Any drainage project desiring to refund all or part of its outstanding bonds pursuant to the provisions of this section is authorized to enter into contracts and agreements with the United States government or with any subdivision or agency thereof for the purpose of securing the aid of the United States or such subdivision or agency of the United States, and to do all things and make all agreements reasonably required by the United States or by such subdivision or agency of the United States in order to accomplish such refunding.

1934, p. 5; Michie Code 1942, § 1777a; 1954, c. 642.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-423. Compensation and expenses.
Any engineer employed under the provisions of this chapter shall receive such compensation as is commensurate with the relative area and importance of the proposed project. The amount when decided upon by the judge of the court, after conferring with the engineer, shall be entered as an order of record in the drainage record. The viewers, other than the engineer, shall receive five dollars per day each. The transitmen, rodmen, chainmen, axemen, and other laborers shall receive wages not to exceed the wages current at the time in the locality for such services. The members of the board of viewers shall receive, from time to time, out of the respective drainage project funds, such compensation as the court shall determine to be reasonable for the time expended and services performed by them on each project. All other fees and costs incurred under the provisions of this chapter shall be the same, as provided by law for like services in other cases, or as fixed by the court if not provided by law. The costs and expenses shall be paid by order of the court out of the proper project drainage fund provided for that purpose, and the board of viewers shall issue warrants therefor when funds of a drainage project, for which service shall have been rendered, shall be in the hands of the treasurer or treasurers.

Code 1919, § 1778; 1924, p. 707; 1926, p. 627; 1954, c. 642.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-424. Defects in the proceedings; construction of chapter.
The provisions of this chapter shall be liberally construed to promote the leveeing, ditching, draining, and reclamation of wet and overflowed lands. The collection of the assessment shall not be defeated where the proper notices have been given by reason of any defect in the proceedings occurring prior to the order of the court confirming the final report of the board of viewers; but such order or orders shall be conclusive and final that all prior proceedings were regular and according to law, unless they were appealed from. If, on appeal, the court shall deem it just and proper to release any person or to modify his assessment or liability, it shall in no manner affect the rights and liabilities of any person other than the appellant, and the failure to perfect an appeal within sixty days from the order of the court finally establishing the project shall be a waiver of any illegality in the proceedings, and the remedies provided for in this chapter shall exclude all other remedies.

Proceedings under this chapter shall have precedence over all others excepting writs of habeas corpus, prohibition, and mandamus and shall be heard at the time set for a hearing by the court or the judge thereof in vacation with the least possible delay. The widest latitude shall be allowed by the court to hasten urgent cases, where evidence is available to prove the serious consequences resulting from the flooding of the cultivated lands for which relief is asked.

Code 1919, § 1779; 1926, p. 627; 1954, c. 642.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-425. Removal of engineers, viewers, etc.
Any engineer, viewer, superintendent of construction or other person appointed under this chapter may be removed by the court upon petition, for corruption, neglect of duties or other good and satisfactory cause shown, but not until such person or persons are heard in their own defense by the court.

Code 1919, § 1780; 1926, p. 628.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 6 (DRAINAGE PROJECTS)
§ 21-426. Appropriation of county funds.
The governing body of any county in which is located in whole or in part any legally established drainage project may, in its discretion, appropriate and pay out of the funds of such county accruing from the general county levy, to such drainage project, such sum of money as it may deem proper, for application on the bonded or other indebtedness or for any other legitimate purpose of such drainage project. The board of viewers of any such drainage project in such county may accept and receive any and all moneys so appropriated and use the same, in their discretion, for any of the purposes hereinabove mentioned.

In lieu of such appropriation, the governing body of any such county may appropriate and pay out of the funds of such county accruing from the general county levy to the holders of any bonds, notes or other obligations of any legally established drainage project located in whole or in part in such county, such sum of money as the governing body may deem proper for the acquisition and purchase for and on behalf of the county, of all or any of such bonds, notes and other obligations; and the governing body of any such county may also invest moneys, or any part thereof, credited to any sinking fund of the county or of any project thereof, in, and with such moneys to purchase for any such sinking fund, bonds, notes and other obligations of any such legally established drainage project located in whole or in part in such county, provided no such moneys shall be invested in any such bonds, notes or other obligations issued prior to January 1, 1928. The governing body of any such county may, in consideration of additional levies or assessments heretofore or hereafter made against the real estate located in such drainage project, release any or all of such real estate from the lien or liens of any or all drainage taxes heretofore or hereafter assessed against such real estate, provided that the drainage bonds of such project or projects are owned and held solely by any such county.

1938, p. 795; 1940, p. 625; 1942, p. 697; Michie Code 1942, § 2734b; 1954, c. 642.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 7 (PUBLIC FACILITIES DISTRICT LAWS)
§ 21-427. Public facilities district law for certain counties.
Chapter 93 of the Acts of 1946, as amended by Chapter 363 of Acts 1952, relating to public facilities district law applicable in counties having a population of between 500 and 1,000 inhabitants per square mile and a land area of between thirty and seventy square miles, or of any county having a land area of between thirty and eighty-five square miles, is continued in effect.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 7 (PUBLIC FACILITIES DISTRICT LAWS)
§ 21-427.1. City public facilities district law.
Chapter 414 of the Acts of 1956, relating to public facilities district law applicable to cities having a population of more than 50,000 but less than 61,000 and a land area of less than seventy square miles but more than fifty square miles, is incorporated in this Code by this reference.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 8 (PROCEEDINGS TO ACQUIRE DRAINAGE RIGHTS)
§ 21-428. Right to drain land through lands of others.
Any person desiring to drain his lands through the lands of others may apply to the circuit court of the county or corporation court of the city in which the whole or a part of the last mentioned lands lie, for the appointment of commissioners to ascertain and report upon the propriety of granting such application and the damages that may be sustained by the party or parties through whose lands the drain is proposed to be run. Notice of such application shall be given to the proprietors of the lands through which such drain is to be run in the manner prescribed by Article 2 (§§ 25.1-205 et seq.) of Chapter 2 of Title 25.1.

Code 1919, § 5293.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 8 (PROCEEDINGS TO ACQUIRE DRAINAGE RIGHTS)
§ 21-429. Damages to be ascertained by commissioners; notice to be given.
If the court, on hearing the matter, thinks it proper, it shall issue its order appointing five commissioners, who shall be freeholders, any three of whom may act, who shall, on being served with a copy of the order, go upon the land, and after being duly sworn, ascertain and report what damages, if any, may be sustained by the party or parties through whose lands the drain is to be run; but the commissioners, before proceeding to execute the order, shall give to the parties interested, and to the tenants in possession, at least ten days' notice of the time appointed by them for the execution of the same in the manner prescribed by § 21-428.

Code 1919, § 5294.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 8 (PROCEEDINGS TO ACQUIRE DRAINAGE RIGHTS)
§ 21-430. Mode of draining to be described.
The commissioners shall also inquire and report whether the mode of draining his land proposed by the applicant be proper and shall describe the same specifically.

Code 1919, § 5295.

Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 8 (PROCEEDINGS TO ACQUIRE DRAINAGE RIGHTS)
§ 21-431. Payment of damages and costs.
If the leave prayed for be granted by the court, it shall be made a matter of record and the applicant shall, before he proceeds therein, pay or secure to the satisfaction of the parties entitled thereto the compensation, if any, ascertained by the commissioners and all the costs of the proceeding, including the sum of two dollars per day to each of the commissioners for each day that they may be engaged in executing the order aforesaid. And he shall make and keep open such cut, drain or culvert as he is allowed to make, at his own expense.

Code 1919, § 5296.
Code of Virginia — Title 21 (Drainage, Soil Conservation, Sanitation and Public Facilities Districts), Chapter 8 (PROCEEDINGS TO ACQUIRE DRAINAGE RIGHTS)
§ 21-432. Construction of culverts, etc., under mill canals.
This chapter shall be so construed as to authorize the court therein named to allow owners of lands desirous of draining the same the right to construct trunks or culverts under the beds of mill canals in cases where the same may be necessary, subject to the same regulations and provisions as are prescribed herein in regard to the draining of lands through the lands of others; provided, that such trunks or culverts shall be so located and arranged as not to obstruct or interfere with the passage of the water through such canals.

Code 1919, § 5297.
Code of Virginia — Title 22.1 (Education), Chapter 1 (SYSTEM OF PUBLIC SCHOOLS; GENERAL PROVISIONS)
§ 22.1-2. System of free public elementary and secondary schools to be maintained; administration.
There shall be a system of free public elementary and secondary schools established and maintained as provided in this title and administered by the Board of Education, the Superintendent of Public Instruction, division superintendents and school boards.

Code 1950, §§ 22-1.1, 22-2; 1971, Ex. Sess., c. 100; 1976, cc. 681, 713; 1978, c. 518; 1980, c. 559.

Code of Virginia — Title 22.1 (Education), Chapter 1 (SYSTEM OF PUBLIC SCHOOLS; GENERAL PROVISIONS)
§ 22.1-2.1. Provision of in-person instruction.
A. As used in this section, "in-person instruction" means instructional interaction between teachers and students that occurs in person and in real time. "In-person instruction" does not include the act of proctoring remote online learning in a classroom.

B. Except as otherwise permitted in subdivision C 4 of § 22.1-98 or Article 3 (§ 22.1-276.01 et seq.) of Chapter 14, each school board shall offer in-person instruction to each student enrolled in the local school division in a public elementary and secondary school for at least the minimum number of required annual instructional hours and to each student enrolled in the local school division in a public school-based early childhood care and education program for the entirety of the instructional time provided pursuant to such program.

C. Notwithstanding any other provision of law or any regulation, rule, or policy implemented by a school board, school division, school official, or other state or local authority, the parent of any child enrolled in a public elementary or secondary school, or in any school-based early childhood care and education program, may elect for such child to not wear a mask while on school property. A parent making such an election shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of this parental election. Nothing in this section shall be construed to affect the Governor's authority under Chapter 3.2 (§ 44-146.13 et seq.) of Title 44 to accomplish the purposes of such chapter with regard to a communicable disease of public health threat as defined in § 44-146.16.

2022, cc. 2, 780.
Code of Virginia — Title 22.1 (Education), Chapter 1 (SYSTEM OF PUBLIC SCHOOLS; GENERAL PROVISIONS)
§ 22.1-3.1. Birth certificates required upon admission; required notice to the local law-enforcement agency.
A. Except as otherwise provided in this subsection, no pupil shall be admitted for the first time to any public school in any school division in this Commonwealth unless the person enrolling the pupil shall present, upon admission, a certified copy of the pupil's birth record. The principal or his designee shall record the official state birth number from the pupil's birth record into the pupil's permanent school record and may retain a copy in the pupil's permanent school record. If a certified copy of the pupil's birth record cannot be obtained, the person so enrolling the pupil shall submit an affidavit setting forth the pupil's age and explaining the inability to present a certified copy of the birth record. If the school division cannot ascertain a child's age because of the lack of a birth certificate, the child shall nonetheless be admitted into the public schools if the division superintendent determines that the person submitting the affidavit presents information sufficient to estimate with reasonable certainty the age of such child.

However, if the student seeking enrollment is a homeless child or youth as defined in § 22.1-3, the school shall immediately enroll such student, even if such student is unable to produce the records required for enrollment, and shall immediately contact the school last attended by the student to obtain relevant academic and other records, and shall comply with the provisions of Subtitle VII-B of the federal McKinney-Vento Homeless Assistance Act, as amended (42 U.S.C. § 11431 et seq.), including immediately referring the parent of the student or the youth to the local school division liaison, as described in the federal Act, who shall assist in obtaining the necessary records for enrollment.

B. Upon the failure of any person enrolling a pupil to present a certified copy of the pupil's birth record, the principal of the school in which the pupil is being enrolled or his designee shall immediately notify the local law-enforcement agency. The notice to the local law-enforcement agency shall include copies of the submitted proof of the pupil's identity and age and the affidavit explaining the inability to produce a certified copy of the birth record.

C. Within 14 days after enrolling a transferred pupil, the principal of the school in which the pupil has been enrolled or his designee shall request that the principal or his designee of the school in which the pupil was previously enrolled submit documentation that a certified copy of the pupil's birth record was presented upon the pupil's initial enrollment.

D. Principals and their designees shall be immune from any civil or criminal liability in connection with any notice to a local law-enforcement agency of a pupil lacking a birth certificate or failure to give such notice as required by this section.

1990, c. 295; 1991, c. 523; 2004, c. 500; 2007, c. 49; 2018, c. 394.
Code of Virginia — Title 22.1 (Education), Chapter 1 (SYSTEM OF PUBLIC SCHOOLS; GENERAL PROVISIONS)
§ 22.1-3.2. Notice of student's school status required as condition of admission; penalty.
A. Prior to admission to any public school of the Commonwealth, a school board shall require the parent, guardian, or other person having control or charge of a child of school age to provide, upon registration:

1. A sworn statement or affirmation indicating whether the student has been expelled from school attendance at a private school or in a public school division of the Commonwealth or in another state for an offense in violation of school board policies relating to weapons, alcohol or drugs, or for the willful infliction of injury to another person. This document shall be maintained as a part of the student's scholastic record.

2. A sworn statement or affirmation indicating whether the student has been found guilty of or adjudicated delinquent for any offense listed in subsection G of § 16.1-260 or any substantially similar offense under the laws of any state, the District of Columbia, or the United States or its territories. This document shall be maintained as provided in § 22.1-288.2.

B. When the child is registered as a result of a foster care placement as defined in § 63.2-100, the information required under this section shall be furnished by the local social services agency or licensed child-placing agency that made the foster care placement.

C. Any person making a materially false statement or affirmation shall be guilty upon conviction of a Class 3 misdemeanor.

1993, c. 889; 2006, cc. 53, 183.

Code of Virginia — Title 22.1 (Education), Chapter 1 (SYSTEM OF PUBLIC SCHOOLS; GENERAL PROVISIONS)
§ 22.1-3.3. Transfer of students under certain circumstances.
Whenever any student has been the victim of any crime against the person pursuant to Chapter 4 (§ 18.2-30 et seq.) of Title 18.2, and such crime was committed by another student attending classes in the school, or by any employee of the school board, or by any volunteer, contract worker or other person who regularly performs services in the school, or if the crime was committed upon school property or on any school bus owned or operated by the school division, the student upon whom the crime was committed shall, upon written request from the student's parent, or the student, if such student is an emancipated minor, be permitted by the relevant school board to transfer to another comparable school within the school division, if available. Any transportation services for such students shall be provided in accordance with school board policies.

For the purposes of this section, "victim" means any student who has been the victim of a crime against the person pursuant to Chapter 4 (§ 18.2-30 et seq.) of Title 18.2, and who has suffered physical, psychological, or economic harm as a direct result of the commission of such crime.

1997, cc. 362, 408.