Code of Virginia - Title 21 Drainage, Soil Conservation, Sanitation And Public Facilities Districts - Chapter 6 Drainage Projects

  • 21-292 Jurisdiction of circuit courts to establish projects
    The circuit courts of the several counties and cities of this Commonwealth shall have jurisdiction, power and authority to establish a levee, or drainage project ...
  • 21-292.1 "District" means "project."
    Whenever the word district or districts hereinafter appears in this chapter, it shall be construed to mean project or projects. (1954, c. 642.) ...
  • 21-293 Drainage considered essential
    It is hereby declared that the drainage of the surface water from wet agricultural lands is essential for the successful cultivation of such lands and ...
  • 21-294 Establishment considered public improvement
    It is declared that the preliminary work, establishment and completion of a drainage district shall be classified as a public improvement of an integral part ...
  • 21-295 Form of petition; bond; summons of landowners not on petition
    Whenever a petition, signed by fifty-one percent or more of the owners of land who own fifty-one percent or more of the land, within a ...
  • 21-296 Circulation of duplicate originals of petition
    For the convenience of the petitioners, duplicate originals of the same petition may be circulated and separately signed by the several petitioners without the others ...
  • 21-297 Service and return of summons; appointment of board of viewers
    The summons may be served by publication as to any defendants who cannot be personally served, as provided by law. Such summons shall be returnable ...
  • 21-298 Description unavailable
    Repealed by Acts 1954, c. 642. ...
  • 21-299 Notice to viewers of appointment
    The clerk of the court thereupon shall mail a written notice to each member of the board of viewers so appointed, notifying him of his ...
  • 21-300 Filling vacancies on board
    If a vacancy occurs on the board of viewers for any reason a successor shall be chosen in accordance with the provisions of § 21-297. ...
  • 21-301 Compensation of viewers
    The compensation for the services of the board of viewers, together with their incidental expenses to be fixed as herein provided, shall be paid preliminarily ...
  • 21-302 Petition based on widening, deepening, etc., of natural streams
    If the majority of the landowners in any wet, swamp or overflowed lands petition the court for a drainage district based on the widening, deepening, ...
  • 21-303 Withdrawal of persons signing petition
    If during the proceedings, before or after the filing of the petition, any of the petitioners withdraw from the petition so as to render the ...
  • 21-304 All landowners need not be listed in petition; amendments
    To render the practical application of this chapter possible in all drainage cases, it shall be sufficient for the petitioners to exercise due diligence to ...
  • 21-305 Tile system of drainage
    Whenever a supplementary petition signed by the owner or owners of any tract of land in the proposed district, be subsequently filed with the clerk ...
  • 21-306 Compensation of engineer, assistants and viewers
    The board of viewers of the project involved shall at the first meeting after the selection of a drainage engineer make provision for the compensation ...
  • 21-307 Publication against unknown owners
    If, at the time of the filing of the petition, or at any time subsequent thereto, it shall be made to appear to the court, ...
  • 21-308 Appointment of representative of unknown owner
    After the time of publication shall have expired, if no person claiming and asserting title to the tract or tracts of land and entitled to ...
  • 21-309 Subsequent appearance of unknown owners
    If at any time during the pendency of the drainage proceeding the owner or owners of the lands shall appear in person, they may be ...
  • 21-310 Guardian ad litem for infants and incapacitated adults
    These proceedings shall not be stayed because of infancy or incapacity; but the court in which the petition was filed shall appoint some discreet and ...
  • 21-311 Recordation of petition and orders
    A copy of the petition, duly certified by the clerk of the court in which the same was originally filed, shall be recorded in the ...
  • 21-312 Examination; preliminary report
    The board of viewers shall proceed, as soon as practicable, to examine the land described in the petition and other land if necessary, to locate ...
  • 21-313 Description unavailable
    Repealed by Acts 1954, c. 642. ...
  • 21-314 Notice of consideration of preliminary report
    After the petition is entertained by the court, notice shall be given to all interested landowners or their representatives in writing mailed to their last ...
  • 21-315 Hearing objections to preliminary report
    At the date appointed for the hearing, or upon any date to which the same may be continued, in its discretion, the court shall hear ...
  • 21-316 Exclusion of land not affected by drainage
    If it appears that there is any land within the proposed levee or drainage district that will not be affected by the leveeing or drainage ...
  • 21-317 Changing boundaries to include land affected
    If it shall be shown that there is any land not within the proposed district that will be affected by the construction of the proposed ...
  • 21-318 Determining efficiency of drainage; changes
    The efficiency of the drainage or levee shall also be determined, and if it appears that the location of any levee or drain can be ...
  • 21-319 Board of viewers to attend hearing
    The board of viewers shall attend such hearing, and give any information or evidence that may be sought to verify and substantiate their report. (Code ...
  • 21-320 Description unavailable
    Repealed by Acts 1954, c. 642. ...
  • 21-321 Preliminary establishment of district
    The above facts having been determined to the satisfaction of the court, and the approximate boundaries of the proposed district determined, it shall declare the ...
  • 21-322 Land excluded from district but located within boundaries
    If any lands shall be excluded from the district because of the court having found that such lands will not be affected or benefited, and ...
  • 21-323 Condemnation of land
    If it shall be necessary to acquire a right-of-way and outlet over and through any lands or to remove any dam or other obstacle, whether ...
  • 21-324 Right of appeal
    Any person or corporation owning lands within the drainage or levee district, which he or it thinks will not be benefited by the improvement, and ...
  • 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 ...
  • 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 ...
  • 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, ...
  • 21-328 Bench marks
    Frequent bench marks shall be established along the line, on permanent objects, and their elevation recorded in the field books. (Code 1919, § 1750; 1920, ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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, ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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, ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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, ...
  • 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 ...
  • 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; ...
  • 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, ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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. ...
  • 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 ...
  • 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, § ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 21-387 Deed to purchaser
    If no objection is made in any sale of land within thirty days after the date of sale, and the purchase price has been paid, ...
  • 21-388 Duty of treasurer to make payments of interest and principal of bonds
    It shall be the duty of the treasurer of the county in which the land is located and without any previous order from the board ...
  • 21-389 Change of assessment rolls on change of ownership of lands
    If at any time before or after the preparation of the assessment rolls or drainage tax lists the owners of any lands within the boundary ...
  • 21-390 Law governing sales
    Sales of lands for delinquent assessments may be made either under the law which was in force at the time of the creation of the ...
  • 21-391 Notice of redemption
    In any case where such sales have heretofore been made, or shall hereafter be made, and the purchaser of such lands desires a deed therefor, ...
  • 21-392 Repayment to purchasers on redemption; deed on failure to redeem
    If any record owner shall redeem the lands, as aforesaid, it shall be the duty of the treasurer to repay to the purchaser at the ...
  • 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 once a week for three successive weeks ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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, ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...
  • 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 ...

Last modified: April 3, 2009