# Va. Code Ann. § 21-295: Form of petition; bond; summons of landowners not on petition

> Virginia · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_VA_T21_C6_S21-295

## Section

- **Citation:** Va. Code Ann. § 21-295
- **Heading:** Form of petition; bond; summons of landowners not on petition
- **Jurisdiction:** Virginia
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Virginia Code / Title 21 / Chapter 6 / Section 21-295

## Text

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 proposed drainage project, according to the county-land book or books or to the latest assessment lists of the county or counties in which such project is located, or by the heirs, guardians, conservators or executors of estates or by those having color of title, or by those in adverse possession, or by the officers of corporations, whose lands will be affected by or assessed for the expense of the proposed improvements, shall be filed in the office of the clerk of the circuit court of any county in which a part of the lands are located, setting forth that any specific body or district of land in the county or adjoining counties, described in such a way as to convey an intelligent idea as to the location of such land, is subject to overflow, or too wet for cultivation, or in need of drainage, and the public benefit or utility or the public health, convenience or welfare, will be promoted by draining, ditching or leveeing the same, or by changing or improving the natural watercourse or courses; and setting forth therein, as far as practicable, the starting point, route and terminus and lateral tile or open branches, of the proposed improvement, and there is filed therewith a bond for the amount or product of ten dollars multiplied by the square root of the estimated number of acres within the bounds of the proposed project, signed by two or more sureties or by some lawful and authorized surety company, to be approved by the clerk, and conditioned for the payment of all costs and expenses incurred in the proceedings in case the court does not grant the prayer of the petition, the clerk shall issue a summons, to be served on all the defendant landowners, including any railway company, who have not joined in the petition and whose lands are affected or included in the proposed drainage district, to show cause, if any there be, why the lands in the proposed drainage project should not be drained or leveed.

Code 1919, § 1738; 1920, p. 608; 1924, p. 707; 1926, p. 605; 1954, c. 642; 1997, c. 801 .

## Nearby sections

- [Va. Code Ann. § 21-292 Jurisdiction of circuit courts to establish projects](https://www.frixlaw.com/law-library/statutes/STATE_VA_T21_C6_S21-292.md)
- [Va. Code Ann. § 21-292.1 "District" means "project."](https://www.frixlaw.com/law-library/statutes/STATE_VA_T21_C6_S21-292.1.md)
- [Va. Code Ann. § 21-293 Drainage considered essential](https://www.frixlaw.com/law-library/statutes/STATE_VA_T21_C6_S21-293.md)
- [Va. Code Ann. § 21-294 Establishment considered public improvement](https://www.frixlaw.com/law-library/statutes/STATE_VA_T21_C6_S21-294.md)
- [Va. Code Ann. § 21-295 Form of petition; bond; summons of landowners not on petition](https://www.frixlaw.com/law-library/statutes/STATE_VA_T21_C6_S21-295.md)
- [Va. Code Ann. § 21-296 Circulation of duplicate originals of petition](https://www.frixlaw.com/law-library/statutes/STATE_VA_T21_C6_S21-296.md)
- [Va. Code Ann. § 21-297 Service and return of summons; appointment of board of viewers](https://www.frixlaw.com/law-library/statutes/STATE_VA_T21_C6_S21-297.md)
- [Va. Code Ann. § 21-298 Repealed](https://www.frixlaw.com/law-library/statutes/STATE_VA_T21_C6_S21-298.md)
- [Va. Code Ann. § 21-299 Notice to viewers of appointment](https://www.frixlaw.com/law-library/statutes/STATE_VA_T21_C6_S21-299.md)
- [Va. Code Ann. § 21-300 Filling vacancies on board](https://www.frixlaw.com/law-library/statutes/STATE_VA_T21_C6_S21-300.md)
- [Va. Code Ann. § 21-301 Compensation of viewers](https://www.frixlaw.com/law-library/statutes/STATE_VA_T21_C6_S21-301.md)
- [Va. Code Ann. § 21-302 Petition based on widening, deepening, etc., of natural streams](https://www.frixlaw.com/law-library/statutes/STATE_VA_T21_C6_S21-302.md)
- [Va. Code Ann. § 21-303 Withdrawal of persons signing petition](https://www.frixlaw.com/law-library/statutes/STATE_VA_T21_C6_S21-303.md)
- [Va. Code Ann. § 21-304 All landowners need not be listed in petition; amendments](https://www.frixlaw.com/law-library/statutes/STATE_VA_T21_C6_S21-304.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_VA_T21_C6_S21-295. Check the current official text before relying on it. Not legal advice.