The General Assembly of 1958 directed the Virginia Advisory Legislative Council to continue its study of the laws relating to eminent domain and to recommend further revisions thereof. The Council made its report, House Document No. 14, 1960, and therein recommended changes in the statutes permitting condemnation for State highways, which were embodied in a bill attached to the report. This bill, substantially in the recommended form, was enacted by the 1960 General Assembly. In this report the Council also set forth an analysis of the general eminent domain laws and the problems incident thereto, pointed out that the time necessary for a comprehensive revision of these laws had not been available, and recommended a continuation of the study.

Pursuant to this recommendation, the General Assembly of 1960 adopted House Joint Resolution No. 38, directing the Council to continue the study of the eminent domain laws.

The Council selected Joseph J. Williams, Jr., of Sandston, member of the House of Delegates and member of the Council, to serve as Chairman of the Committee to make the initial study and report to the Council. Selected to serve as members of the Committee with Mr. Williams were the following: Russell M. Carneal, member of the House of Delegates, Williamsburg; Delamater Davis, member of the House of Delegates, Norfolk; Ralph H. Ferrell, Jr., Attorney at Law, Richmond; William J. Hassan, Attorney for the Commonwealth, Arlington; Garnett S. Moore, member of the House of Delegates, Pulaski; Henry W. Oppenhimer, a member of the Legal Department of Lawyers Title Insurance Corporation, Richmond; duVal Radford, Attorney at Law and former member of the House of Delegates, Bedford; Beverley H. Randolph, Jr., Attorney at Law and former member of the House of Delegates, Richmond; William Rosenberger, Jr., Attorney at Law, Lynchburg; and William F. Stone, member of the Senate of Virginia, Martinsville. Subsequent to the selection of the members of the Committee, Mr. Williams resigned from membership in the House of Delegates to accept a position with the federal government. Edward M. Hudgins, member of the House of Delegates, Chesterfield County, was appointed by the Speaker of the House to fill the vacancy on the Council created by the resignation of Mr. Williams, and the Council then selected Mr. Hudgins to serve as Chairman of the Committee.

The Committee met and organized, electing Mr. Randolph as Vice-Chairman, and appointing John B. Boatwright, Jr. and Wildman S. Kinche1oe, Jr. as Secretary and Recording Secretary, respectively.

A revision of the general condemnation laws was prepared and presented. This was considered in detail. A subsequent revision of this draft, was, in pursuance of the direction of the study resolution, widely circulated among interested groups and individuals. This draft, together with such comments concerning it as had been received, was again considered at length.

Careful consideration was given to the matter of whether any changes should be made in statutes conferring the power of eminent domain specifically on State agencies and political subdivisions, including the Department of Highways.

After a thorough and detailed discussion of these matters the Committee made its report to the Council. Having studied this report at length, the Council makes the following recommendations:

RECOMMENDATIONS

1. That the laws of Virginia relating to condemnation generally be "revised to bring them more closely in line, procedurally, with existing statutes relating to condemnation for State highway purposes; and to this end that Chapter 1 of Title 25 of the Code of Virginia be repealed, and that a new Chapter 1.1 of this Title be enacted in lieu thereof.

2. That § 56-49; relating to the powers of public service corporations other than railroad corporations, and § 56-347, relating to powers of condemnation of railroad corporations, be amended to clarify and make uniform their power to condemn land, and to insert certain limitations thereon as to lands in the immediate vicinity of dwelling houses.

3. That § 33-57, relating to the powers of eminent domain in the State Highway Commissioner, be amended to clarify the powers of the Commissioner in cases where structures are situated partially upon any land to be taken by the Commissioner.