The city is hereby authorized to acquire by condemnation proceedings lands, buildings,
structures and personal property or any interest, right, easement or estate therein
of any person or corporation, whenever in the opinion of the council a public necessity
exists therefor, which shall be expressed in the resolution or ordinance directing
such acquisition, and whenever the city cannot agree on terms of purchase or settlement
with the owners of the subject of such acquisition because of the incapacity of such
owner, or because of the inability to agree on the compensation to be paid or other
terms of settlement or purchase, or because the owner or some one of the owners is
a nonresident of the State or cannot with reasonable diligence be found in the State
or is unknown.
Such proceedings may be instituted in the circuit court of the city, if the subject
to be acquired is located within the city, or, if it is not located within the city,
in the circuit court of the county in which it is located. If the subject is situated
partly within the city and partly within any county the circuit court of such county
shall have concurrent jurisdiction in such condemnation proceedings with the courts
of the city hereinbefore enumerated. The judge or the court exercising such concurrent
jurisdiction shall appoint five disinterested freeholders, any or all of whom reside
either in the county or city, any three of whom may act as commissioners, as provided
by law, provided, however, that the provisions of § 25.1-102 of the Code of Virginia,
1950, shall apply as to any property owned by a corporation possessing the power of
eminent domain that may be sought to be taken by condemnation under the provisions
of this act. (Acts 1983, ch. 314, § 1; H.B. 1682ER, § 1, 7-1-2015)
