reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-334. Classification of land; benefits; assessments

It shall be the further duty of the board of viewers personally to examine the land in the district and classify it with reference to the benefit it will receive from the construction of the levee, ditch, drain, or watercourse or other improvement and to determine rates of assessment in direct proportion to the benefits received on an acreage basis subject to the approval of a majority of the petitioners who own a majority of the land.
Code 1919, § 1752; 1924, p. 707; 1926, p. 612; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-335. Cost of survey

The board of viewers or the drainage engineer shall keep an accurate account and report to the court or the judge thereof in vacation the name and number of days each person was employed on the survey, the kind of work he was doing and the rate of pay of each, and all other incidental expenses whatsoever, supported by vouchers, that have been incurred in the execution of the survey, including cost of maintenance, transportation, supplies and materials, which when paid by one of the members of the board shall be allowed by the court or the judge thereof and for which he shall be reimbursed in addition to his compensation.
When a separate account of a member of the board of viewers, approved by the engineer, if other than his own, has been rendered for his personal services performed under decree of the circuit court and incidental expenses in connection with the survey, the court or the judge thereof in vacation, shall examine the same and when found correct, in proper form and according to law, the judge shall thereupon, without further delay, approve and certify to the account, and shall enter an order that the same shall be paid, as provided for in § 21-306.
Code 1919, § 1753; 1924, p. 707; 1926, p. 612.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-336. Delay; extension of time

In case the work is delayed by high water, sickness or any other good cause, and the final report is not completed at the time fixed by the court, the engineer on the board of viewers shall communicate with the court or the judge thereof in vacation, either before or after the expiration of the time, and state in writing the cause of such failure and ask for sufficient time in which to complete the work and the court or the judge thereof shall set another date by which the report shall be completed and filed; the action of the court or judge in such a case to be conclusive evidence as to the sufficiency of the grounds for such postponement or extension.
Code 1919, § 1754; 1926, p. 613.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-337. Final report; notice of hearing

When the final report is completed and filed a date shall be fixed for the final hearing upon the report, and notice thereof shall be given in accordance with § 21-314.
Code 1919, § 1755; 1926, p. 613; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-338. Duty of viewers to review report and make changes

At the date set for the hearing any landowner may appear in person or by counsel and file his objection in writing to the final report of the board of viewers, and it shall be the duty of said board of viewers to carefully review the objections filed thereto and to make such changes as it deems necessary to render substantial and equal justice to all the landowners in the district. If there be no objections made, or if any objections made are satisfactorily adjusted, the board of viewers shall certify such fact to the court.
Code 1919, § 1756; 1926, p. 613; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-339. Approval by court

If, in the opinion of the court, the cost of construction, together with the amount of damage assessed is not greater than the increased value of the lands affected and of the benefits that will accrue to the lands, the court shall confirm the final report of the board of viewers, and shall declare the drainage district to be finally established, and shall approve the survey and plans therefor.
Code 1919, § 1756; 1926, p. 614.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-340. Power of court to reopen after approval

Nothing in this chapter shall be construed as depriving the court of the power of reopening the proceedings in any case after the approval of the final report and before the letting of the contract in accordance with § 21-349, in order to make such changes in the plans as may be necessary to an economical or cheaper completion of the work, provided, such reopening is upon ten days' notice to all parties.
Code 1919, § 1756; 1926, p. 614.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-341. Dismissal of proceedings when cost exceeds benefit

If the court finds that the cost of construction, together with the damages assessed is greater than the value of the resulting benefit that will accrue to the lands affected, or greater than the potential value of the lands after the completion of the proposed drainage, the court shall dismiss the proceedings at the cost of the petitioners, and apportion the cost among them, each according to acreage in the proposed district, including the expenses incurred by reason of the filing of the petition including the compensation paid to the engineer, his assistants, and the other members of the board of viewers.
Code 1919, § 1756; 1926, p. 614.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-342. Appeal

Either party shall have a right to appeal from the judgment of the court as provided by Chapter 26 (§ 8.01-669 et seq.) of Title 8.01. Such appeal shall be perfected within sixty days from the entry of the order confirming the final report of the board of viewers.
Code 1919, § 1756; 1926, p. 614.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-343. Payments into court

The court may, from time to time, order the petitioners to pay into court, or as the court may direct, such amounts at a flat rate per acre according to the area owned by each within the bounds of the district as may be necessary to pay costs and expenses theretofore accrued, such amount to be repaid from the drainage fund to the petitioners in equal sums as were received together with interest thereon at the rate of six per centum per annum by order of the court when, and if the bonds of the district are sold, or the drainage fund otherwise provided and such order to pay into court when entered, shall have the force and effect of a judgment, and it 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, § 1756; 1926, p. 614.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-344. Payment of total costs and expenses

The total amount of the costs and expenses, or any part thereof may be paid by any person in lieu of assessments against his land with the consent of the board of viewers. If all landowners elect to pay their total assessed costs, upon the request of the board of viewers, the sale of bonds shall not be made.
Code 1919, § 1756; 1926, p. 614; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-345. Assessment of lands benefited not theretofore included

If, at any time after the final confirmation of the final report of the board of viewers, and final establishment of the district, the county board of drainage commissioners hereinafter mentioned having jurisdiction over the drainage district, are advised that the lands of any person are benefited by the drainage, such lands not having been included in the district or assessed theretofore on account of the drainage, the board, after giving not less than ten days' legal notice to such person, shall hear and determine whether any, and if any, what monetary benefit has been received by such person or persons by reason of the drainage, and the amount so ascertained by the county board of drainage commissioners, if any, shall be assessed against the lands of such person, in like manner and collected in the same way as if the lands had been classified, listed and assessed in the original assessment of the lands in the drainage district. Such person shall have the right of appeal, from the findings of the board to the circuit court of the county in which the petition was filed. Such appeal shall be perfected within ten days from the date of the findings of said board, after which time no appeal shall be allowed.
Code 1919, § 1757; 1926, p. 614.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-346. Drainage record

The clerk of the circuit court in which the petition is filed shall provide a suitable book to be known as the drainage record, in which he shall record every petition, motion, order, report, judgment or finding of the court in every drainage transaction that may come before it in such manner as to make a complete and continuous record of the case. Copies of all maps, profiles, minutes of meeting, receipts and other pertinent information are to be furnished by the board of viewers to the clerk of the circuit court and marked by the clerk "official copies," which shall be kept on file by him in his office, and one other copy shall be pasted or otherwise attached to his record book.
Code 1919, § 1758; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-347. Board of viewers to operate, manage and administer project

After the drainage project shall have been declared finally established and the survey and plans therefor approved, the board of viewers for such drainage project shall have full authority to operate, manage and administer the affairs of such drainage project as is provided in this chapter.
Code 1919, § 1759; 1926, p. 615; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-348. Superintendent of construction

The board of viewers of each drainage project may, if necessary, appoint a competent person as superintendent of construction and shall retain the services of the engineer of the drainage district, or his duly appointed successor in the case of such change having been made, to see that the work be performed according to the plans and specifications. Such engineer and superintendent shall each furnish a bond the cost of which shall be paid by the project and to be approved by and payable to the board of viewers in the penal sum of $10,000 each, conditioned upon the honest and faithful performance of their respective duties.
Code 1919, § 1760; 1926, p. 616; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-349. Notice of time and place of letting contract; bids

The board of viewers of each drainage project shall cause notice to be given daily for two consecutive weeks in some newspaper published in the county wherein such improvement or a part thereof is located if such there be, or in any newspaper within the geographical bounds of the county and in such additional publications elsewhere as they may deem expedient, of the time and place of letting the work of construction of the improvement, and in such notice they shall specify the security to accompany each bid, the approximate amount of work to be performed and the time fixed for the completion thereof; and, on the date appointed for the letting they, together with the superintendent of construction, or the engineer, shall convene and let to the lowest responsible bidder, either as a whole or in sections, as they may deem the most advantageous for the district, the proposed work.
Code 1919, § 1761; 1926, p. 616; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-350. Bond to accompany bid

No bid shall be entertained that is not accompanied by a bond with sureties in an amount equal to five per centum of the bid or that exceeds the estimated cost of the work to be awarded to a contractor.
Code 1919, § 1761; 1926, p. 616.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-351. Rejection of bid

The board shall have the right to reject all bids once and advertise again the work, if, in their judgment, the interests of the project will be subserved by so doing, but if, upon the second bidding, all the bids exceed the estimated cost of the work, the bids shall be reported to the court by the board of viewers of each drainage project and the court thereupon, after giving notice to all parties affected in a manner similar to that required before the hearing of the final report, as set out in § 21-337, shall hear and decide anew the question of finally establishing the district, taking as the basis of cost the lowest responsible bid as reported to it by the board of viewers, and the proceeding thereupon shall be as set forth in §§ 21-338 to 21-344, and if the court anew decides that the value of the benefits of the increased value of the lands will exceed the costs it shall direct the board of viewers to accept the lowest responsible bid, otherwise the petition shall be dismissed at the cost of the petitioners. Cost shall be apportioned among them each according to acreage.
Code 1919, § 1761; 1926, p. 616; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-352. Contract and bond of successful bidder

A successful bidder shall be required to enter into a contract with the board of viewers of each drainage project and to execute a bond for the faithful performance of such contract, with sufficient sureties in favor of the board of viewers for the use and benefit of the levees, or drainage project in an amount equal to twenty-five per centum of the amount of the contract price of the work awarded to him.
Code 1919, § 1761; 1926, p. 616; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-353. Superintendent and engineer to act as advisors

In canvassing bids and letting the contract, the superintendent of construction or the engineer shall act only in an advisory capacity to the board of viewers.
Code 1919, § 1761; 1926, p. 617; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-354. Basis of contract; inspection

The contract shall be based on the plans and specifications submitted by the board of viewers in their final report as confirmed by the court, the original of which shall remain on file in the office of the clerk of the county in which the petition for the district was filed and shall be open to the inspection of all prospective bidders.
Code 1919, § 1761; 1926, p. 617.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-355. Opening bids

All bids shall be sealed and shall not be opened except under the authority of the board of viewers and on the day theretofore appointed for opening the bids.
Code 1919, § 1761; 1926, p. 617; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-356. Correction of report

The board of viewers of each drainage project shall have power to correct errors and modify the details of the final report, if in their judgment they can increase the efficiency of the drainage plan and afford better drainage to the lands in the district without increasing the estimated cost.
Code 1919, § 1761; 1926, p. 617; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-357. Monthly estimates

The superintendent in charge of construction or the engineer shall make monthly estimates of the amount of work done, and shall furnish one copy to the contractor and file the other with the board of viewers and the board shall, within five days after the filing of such estimate, meet and direct the secretary to draw a warrant in favor of such contractor for ninety per centum of the work done, according to the specifications and contract; and upon presentation of such warrant, properly signed by the chairman and secretary, to the treasurer, of the drainage fund he shall pay the amount due thereon. When the work is fully completed and accepted by the superintendent or the engineer, the engineer shall make an estimate for the whole amount due, including amounts withheld on the previous monthly estimates, which shall be paid from the drainage fund, as before provided.
Code 1919, § 1762; 1926, p. 617; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-358. Failure of contractor

If any contractor to whom the work or a portion of the work shall have been let shall fail to perform the same according to the terms specified in his contract, action may be had in behalf of the board of viewers against such contractor on his bond in the circuit court for damage sustained by the levee or drainage project and recovery made against such contractor and his sureties. In such an event the work shall be advertised and relet in the same manner as the original letting.
Code 1919, § 1763; 1926, p. 617; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-359. Highway affected

Where any public ditch, drain or watercourse established under the provisions of this chapter crosses a public highway, the Department of Transportation shall provide bridges or culverts of adequate capacity to permit the free flow of water. The landowners in the drainage project shall bear the excavation cost for such structures.
Any government installation whether federal, state, county, city or town with runoff or acres draining into such a watershed area will be considered a landowner and shall be assessed on an acreage basis for drainage at the same rate as any other landowner.
Code 1919, § 1764; 1924, p. 107; 1926, p. 617; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-360. Railroad; damage

Whenever the board of viewers shall make a survey for the purpose of locating a public levee or drainage project or changing a natural watercourse, and the same would cross the right-of-way of a railroad company it shall be the duty of the board of viewers promptly to notify the railroad company by serving written notice, accompanied by plans and profiles, upon the agent of such company or its lessee or receiver, that they will meet the company's representative at the place where the proposed ditch, drain, or watercourse crosses the right-of-way of such company, or at such other place as may be agreed upon by the respective parties. The meeting shall not be less than ten days after the service of notice fixing the time of the same, for the purpose of conferring with the railroad company with relation to the place where and the manner in which such improvements shall cross such right-of-way. When the time fixed for such conference shall arrive, unless for good cause more time is agreed upon, it shall be the duty of the board of viewers and the railroad company to agree, if possible, upon the place where and the manner and method in which such improvement shall cross such right-of-way. If, however, the board of viewers and the railroad company cannot agree, the whole matter shall be reported to the court by the board of viewers, and by the court referred to the State Corporation Commission as arbiters. The fact that the railroad company is required by the construction of the improvement to build a new bridge or culvert or to enlarge or strengthen an old one, shall be considered as damages to the railroad company to the extent of the actual cost thereof, as provided in § 21-359.
Code 1919, § 1765; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-361. Assessment of benefits to railroads

The board of viewers shall also assess the benefits that will accrue to the right-of-way of the company by affording better drainage or a better outlet for drainage, as provided in § 21-359, in the case of highways; but no benefits shall be assessed because of the increase of business that may come to the road because of the construction of the improvement. The benefits shall be assessed as provided in § 21-334, and it shall be reported by the board of viewers as an assessment, due from the railroad company; and unless the same is paid when due by the company as an assessment, it may be collected in the manner of an ordinary debt in any court having jurisdiction; but the board of viewers of each drainage project shall have the right to enter into contracts with any such railroad company looking to a further assessment by virtue of the benefits received under this chapter.
Code 1919, § 1766; 1926, p. 618; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-362. Notice to railroad

The clerk of the circuit court shall have notice served upon the railroad company of the time and place of hearing of the final report of viewers under § 21-361, and the railroad company shall have the right to file objections to the report, and to appeal from the findings of the court in the same manner as any landowner, as provided in §§ 21-292 through 21-361.
Code 1919, § 1767.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-363. Manner of crossing right-of-way; cost

After the contract is let and the actual construction is commenced, the superintendent in charge of construction shall notify the railroad company of the probable time at which the contractor will be ready to enter upon the right-of-way of the road and construct the work thereon. It shall be the duty of the railroad to send a representative to view the ground with the superintendent of construction, and arrange the exact time at which such work can be most conveniently done. The work shall be so planned and conducted as to interfere in the least possible manner with the business of the railroad; and shall be conducted under the supervision and direction of the representative of the railroad company. However, all work necessary in the roadbed of the railroad company, including all temporary and permanent work, shall be promptly done by the railroad company and paid for from the fund of the drainage project in the same manner as provided in § 21-359, covering public highways.
Code 1919, § 1768; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-364. Control and repairs; penalty for injury to construction

Whenever any improvement constructed under this chapter is completed, it shall be under the control and supervision of the board of viewers of the project in the county in which the petition was filed. It shall be the duty of the board to keep the levee, ditch or watercourse in good repair, and for this purpose they may levy an assessment on the lands benefited by the construction of such improvements in the same manner and in the same proportions as the original assessments were made, and the fund that is collected shall be used for repairing and maintaining the ditch, drain or watercourse in perfect order; but if any repairs are made necessary by the act or negligence of the owner of any land through which such improvement is constructed, or by the act or negligence of his tenants, agents or employees or the same is caused by cattle, hogs, or other stock of the owner, employee, or agent, then the cost thereof shall be assessed and levied against the lands of the owner alone, to be collected by proper suit instituted by the board of viewers.
It shall be unlawful for any person to injure or damage or obstruct or build any bridge, roadway, fence or flood gate in such a way as to injure or damage any levee, ditch, drain, or watercourse constructed or improved under the provisions of this chapter, and any person causing such injury shall be guilty of a misdemeanor, and upon conviction thereof may be fined any sum not exceeding twice the damage for injury done or caused.
Code 1919, § 1769; 1926, p. 618; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-365. Outlet for lateral drains

The owner of any land that has been assessed for the construction of any ditch, drain or watercourse as herein provided, shall have the right to use the ditch, drain or watercourse as herein let for lateral drains from the land; and if the land is separated from the ditch, drain or watercourse by the land of another or others, and the owner thereof shall be unable to agree with the other or others as to the terms and conditions on which he may enter their lands and construct the drain or ditch, he may file his ancillary petition to the court in such pending proceeding, and the procedure shall be as now provided by law. When the ditch is constructed it shall become a part of the drainage system, and shall be under the control of the board of viewers and kept in repair by them, as provided in this chapter.
Code 1919, § 1770; 1926, p. 619; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-366. Certification and record of total cost

After the contract for the work of construction of the improvement has been let, the board of viewers shall ascertain the total cost of the improvement, including damages awarded to be paid to owners of land, all costs of incidental expenses, and including a reasonable attorney's fee to counsel for petitions for conducting the proceedings on behalf of the petitioners, the amount of such fee to be fixed by the board of viewers and also including an amount sufficient to pay the necessary expenses of maintaining the improvement for a period of three years after the completion of the work of construction, after deducting therefrom any special assessments made against any railroad or highway. Thereupon the board of viewers under the hand of the chairman and secretary of the board, shall certify to the clerk of the circuit court the total cost, ascertained as aforesaid; and the certificate shall forthwith be recorded in the drainage record and open to inspection of any landowner in the district.
Code 1919, § 1771; 1920, p. 610; 1924, p. 710; 1926, p. 619; 1936, p. 1034; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-367. Preparation and contents of drainage tax lists

The board of viewers, with the assistance of the engineer, shall immediately prepare, in duplicate, the assessment rolls, or drainage tax lists, giving thereon the name of the owners of land in the district, so far as can be ascertained from the public records, or, if necessary, from the survey made by the drainage engineer a brief description of the several tracts of land assessed, and the amount of the assessment against each tract of land.
Code 1919, § 1771; 1920, p. 611; 1924, p. 711; 1926, p. 619; 1936, p. 1034; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-368. Assessment rolls to provide for bond interest payments

The first of these assessment rolls shall provide assessments sufficient for the payment of interest on the bond issue to accrue the third year after their issue, and the instalment of principal to fall due at the expiration of the third year after the date of issue, together with such amounts as shall have to be paid for collecting and handling of the same. The second assessment roll shall make like provision for the fourth year; the third for the fifth year; and in like manner for each succeeding year.
Code 1919, § 1771; 1920, p. 611; 1924, p. 711; 1926, p. 619; 1936, p. 1034.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-369. Amount of tax levied

In each year commencing with the maturity of the bonds, the tax levied shall be 110 per centum of the maturing principal and interest on the bonds, in this manner providing for the payment of maturing principal and interest on the bonds one year in advance.
Code 1919, § 1771; 1920, p. 611; 1924, p. 711; 1926, p. 620; 1936, p. 1034.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-370. Application of surplus to reduce assessment for following year

When the sum actually collected on any such assessment shall be more than sufficient to pay the principal and interest for the next succeeding year, a proper allowance for such surplus shall be made in the following assessment, and the percentage may be reduced accordingly.
Code 1919, § 1771; 1924, p. 711; 1926, p. 620; 1936, p. 1034.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-371. Assessment rolls to show time collectible; amount of assessment to depend on benefits

Each of such assessment rolls shall specify the times when collectible, and be numbered in their order, and the amount assessed against the several tracts of land shall be in accordance with the benefits received, as shown by the classification of ratio of assessments made by the board of reviewers.
Code 1919, § 1771; 1920, p. 611; 1924, p. 711; 1926, p. 620; 1936, p. 1035.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-372. Signing rolls

These assessment rolls shall be signed by the chairman of the board of viewers and by the secretary of the board.
Code 1919, § 1771; 1920, p. 611; 1924, p. 711; 1926, p. 620; 1936, p. 1035; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-373. Disposition of rolls

One copy of each of the assessment rolls shall be filed with the drainage record and one copy shall be delivered to the county treasurer, or treasurers of the county or counties in which the lands are located, after the clerk of the circuit court in which the petition was filed has appended thereto an order directing the collection of the assessments, and the clerk is authorized and directed to make and append such order.
Code 1919, § 1771; 1920, p. 611; 1924, p. 711; 1926, p. 620; 1936, p. 1035.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-374. Assessment shall have effect of judgment and constitute lien

The assessments shall thereupon have the force and effect of a judgment as in the case of state and county taxes. These assessments shall constitute a lien upon the lands assessed with the payment thereof, second only to state, county and district taxes and levies and shall be collected in the same manner by the same officers as the state and county taxes are collected.
Code 1919, § 1771; 1920, p. 611; 1924, p. 711; 1926, p. 620; 1936, p. 1035.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-375. When assessment due and payable; when delinquent

The assessments shall be due and payable on the first Monday in September in each year, and if the same shall not be paid in full by the thirty-first day of December following, they shall be delinquent and shall be entered as such by the treasurer of the county in which the lands whereon the assessments are delinquent are located, on his copy of the assessment rolls, which entry shall be notice of the lien of any such delinquent assessment to the same extent as the entry of lands in the delinquent tax books is notice of the lien thereon.
Code 1919, § 1771; 1920, p. 611; 1924, p. 712; 1926, p. 620; 1936, p. 1035.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-376. Interest from delinquency; penalty

From the date of delinquency of any assessment it shall bear interest at the legal rate, and a penalty of five per centum of the assessment shall be added thereto.
Code 1919, § 1771; 1924, p. 712; 1926, p. 620; 1936, p. 1035.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-377. Notice of sale of delinquent land

If any assessment is delinquent for more than a year, the treasurer of the county within which the land assessed lies shall, after the expiration of such year, proceed to sell the land by having notice of such intended sale served on the record owner of the land, if he is a resident of this Commonwealth and his whereabouts herein is known, as process is served in actions at law, by publishing the notice of such sale in a newspaper published or having general circulation in his county, and by posting the notice at the courthouse door; such service, publication and posting shall be not less than seven days in advance of the date set for the sale. Such publication and posting shall be sufficient notice of the sale to all parties in interest except the owner resident in this Commonwealth. Such notice with the return thereon, if it is served, and the certificate of the treasurer setting forth the date and medium of publication shall be filed by the treasurer in his office.
Code 1919, § 1771; 1924, p. 712; 1926, p. 620; 1936, p. 1035; 2023, cc. 506, 507.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-378. Place of sale when land lies in more than one county

If the land upon which assessments are delinquent lies in more than one county, the treasurer of each county shall sell the portion lying therein.
Code 1919, § 1771; 1924, p. 712; 1926, p. 621; 1936, p. 1035.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-379. Time of sale of delinquent lands

The sale of the lands for failure to pay such assessments shall be made at the courthouse door of the county in which the lands are situated, between the hours of 10:00 in the forenoon and 4:00 in the afternoon of the first Monday in February of each year. If for any necessary cause the sale cannot be made on that date, the sale may be continued from day to day for not exceeding four days, or the lands may be readvertised and sold on the first Monday in March succeeding during the same hours without any order therefor. If the county treasurer for any reason fail to make sale of any lands on the first Monday in February or March in any year, he may sell the same upon the first Monday of any subsequent month in the same year or any succeeding year after giving notice as required by law.
Code 1919, § 1771; 1920, p. 612; 1924, p. 712; 1926, p. 621; 1936, p. 1035.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-380. Redemption of delinquent lands sold

The existing general tax law in force when sales are made for delinquent assessments shall have application in redeeming lands so sold.
Code 1919, § 1771; 1926, p. 621; 1936, p. 1036.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-381. Sufficiency of bids at delinquent sales

No bid at any sale shall be received unless sufficient in amount to discharge all the drainage assessments and other charges due by the delinquent lands or owner thereof, together with all costs and expenses of sale. If no sufficient bid be received, the board of viewers shall be deemed the purchaser at a sum sufficient to pay all assessments which are due, and costs, as above stated, and shall be entitled to receive a certificate of purchase and deed in the manner provided by law for purchases at tax sales. The board of viewers shall only be required to pay the costs and expenses of sale before receiving a certificate of purchase, and no lands shall be subsequently sold for drainage assessments while the board of viewers holds a certificate of purchase or deed therefor.
Code 1919, § 1771; 1926, p. 621; 1936, p. 1036; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-382. Rights of board of viewers at sale

The board of viewers shall be in like position and have the same rights and be subject to the same duties as the purchaser of lands at any tax sale under the general law.
Code 1919, § 1771; 1926, p. 621; 1936, p. 1036; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-383. Who may redeem

The owner of the lands so sold or any person having an estate therein or having a lien thereon may redeem the same in the manner provided by law; and if the board of viewers shall have been the purchaser of the lands, the amount paid in redemption shall include the sum bid therefor plus the penalty.
Code 1919, § 1771; 1926, p. 621; 1936, p. 1036; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-384. Board of viewers to pay treasurer

When the period of redemption has expired the board of viewers shall pay to the treasurer or treasurers of the county or counties in which the lands lie the balance of the amount representing its bid at the sale of the lands and any accumulated assessments on the lands, before it or its assigns shall be entitled to a deed therefor.
Code 1919, § 1771; 1936, p. 1036; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-385. Effect when board of viewers acquires land at sale

The board of viewers, after acquiring a deed for such lands, may hold the same as an asset of the project of which the lands are a part, and shall be liable for the payment of all drainage assessments and state and county taxes accruing after the sale at which the district was a bidder, and in all respects be deemed the owner of the lands and subject to the same privileges and liabilities as any other landowner, including the right to convey the lands for a consideration and pay the proceeds of the sale to the county treasurer for the credit of the district, of which such lands are a part, which may be distributed by the board of viewers for the benefit of the district in the same manner as other district funds.
Code 1919, § 1771; 1926, p. 621; 1936, p. 1036; 1954, c. 642.
2023 Code of Virginia › Title 21 - Drainage, Soil Conservation, Sanitation and Public Facilities Districts › Chapter 6 - Drainage Projects › § 21-386. Sale and collection according to general law

The sale of lands for failure to pay such assessments, and the collection of such assessments, except as herein provided, shall be in accordance with general law as to the collection of state and county taxes.
Code 1919, § 1771; 1924, p. 712; 1926, p. 622; 1936, p. 1037.