The Town shall have and may exercise all powers which are now
or hereafter may be conferred upon or delegated to towns under the
Constitution and laws of the Commonwealth of Virginia, as fully and
completely as though such powers were specifically enumerated herein,
and no enumeration of particular powers by this Charter shall be held
to be exclusive, and the Town shall have, exercise and enjoy all the
rights, immunities, powers and privileges, and be subject to all the
duties and obligations, now appertaining to and incumbent on the Town
as a municipal corporation. (1972, c. 68)
The powers set forth in §§ 15.1-837 through 15.1-907,
both inclusive, of Chapter 15 of Title 15.1[1] of the Code of Virginia, as in force on January 1, 1972,
and as may hereafter be amended, are hereby conferred on and vested
in the Town. (1972, c. 68)
[1]
Editor's Note: Title 15.1 was repealed in part and renumbered
in part in 1997 (Acts 1997, c. 587). Local government powers are now
contained in Title 15.2.
The powers of eminent domain set forth in Title 15.1,[1] Title 25, Chapter 1.1[2] and § 33.1-121[3] of the Code of Virginia, as amended, and all acts amendatory
thereof and supplemental thereto, mutatis mutandis, are hereby conferred
upon the Town, subject to the provisions of § 25-233.
(a)
In any case in which a petition for condemnation is filed by or on
behalf of the Town, a true copy of a resolution or ordinance duly
adopted by the Town Council declaring the necessity for any taking
or damaging of any property, within or without the Town, for the public
purposes of the Town, shall be filed with the petition. The Town may
employ the procedures conferred by the foregoing laws, mutatis mutandis,
and may, in addition thereto, proceed as hereinafter provided.
(b)
Certificates issued pursuant to § 33.1-121[4] of the Code of Virginia, as amended, and acts amendatory
thereof and supplemental thereto, may be issued by the Town Council,
signed by the Mayor and countersigned by the Town Treasurer. Such
certificate shall have the same effect as certificates issued by the
State Highway Commissioner, under the aforesaid laws, and may be issued
in any case in which the Town proposes to acquire property of any
kind by the exercise of its powers of eminent domain for any lawful
public purpose, whether within or without the Town.
[4]
Editor's Note: Title 33.1 was repealed by Acts 2014, c. 805.
See now § 33.2-1020.
(c)
In addition to the powers conferred by the aforesaid laws, such certificates
may be amended or cancelled by the court having jurisdiction of the
proceedings, upon petition of the Town, at any time after the filing
thereof; provided, that the court shall have jurisdiction to make
such order for the payment of costs and damages, if any, or the refund
of any excessive sums theretofore paid pursuant to such certificate
as shall, upon due notice and hearing, appear just. The court shall
have jurisdiction to require refunding bonds, for good cause shown
by the Town or any other person or party in interest, prior to authorizing
any distribution of funds pursuant to any certificate issued or deposit
made by the Town. (1972, c. 68)
[1]
Editor's Note: Title 15.1 was repealed in part and renumbered
in part in 1997 (Acts 1997, c. 587). Local government powers are now
contained in Title 15.2.
[2]
Editor's Note: Title 25 was repealed by Acts 2003, c. 940, and replaced with Title 25.1. See now Title 25.1, Chapter 1, and § 25.1-102.
[3]
Editor's Note: Title 33.1 was repealed by Acts 2014, c. 805.
See now § 33.2-1020.
