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2000 SESSION

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SB 453 Eminent domain procedures.

Introduced by: Madison E. Marye | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Eminent domain procedures. Allows persons whose property is taken or damaged through exercise of the power of eminent domain to elect to have the amount of just compensation determined by either a panel of commissioners or a jury. Under the current system, each party to a valuation dispute picks six freeholders to serve as commissioners, from which five persons are picked. The bill also (i) requires a condemnor to provide a copy of its appraisal of the property with its offer to purchase the condemnee's property; (ii) raises the limit for compensation for a survey conducted by the condemnee from $100 to $1,000; (iii) requires condemnors to conduct a title search of the property before making an offer to purchase or filing a certificate of take, in order to avoid delays in payments to condemnees; (iv) requires VDOT to use licensed real estate appraisers in conducting its valuations for property acquisitions; and (v) allows tenants whose lease term is 12 months or longer to intervene in an eminent domain proceeding.

SUMMARY AS PASSED SENATE:

Eminent domain procedures. Replaces the commissioner system for determining the just compensation payable when property is taken or damaged through exercise of the power of eminent domain with a jury system. Under the current system, each party to a valuation dispute picks six freeholders to serve as commissioners, from which five persons are picked. The bill proposes that valuation will be determined by a five-person jury drawn from the jury pool. The bill also (i) requires a condemnor to provide a copy of its appraisal of the property with its offer to purchase the condemnee's property; (ii) raises the limit for compensation for a survey conducted by the condemnee from $100 to $1000; (iii) requires condemnors to conduct a title search of the property before making an offer to purchase or filing a certificate of take, in order to avoid delays in payments to condemnees; (iv) requires VDOT to use licensed real estate appraisers in conducting its valuations for property acquisitions; and (v) allows tenants whose lease term is 12 months or longer to intervene in an eminent domain proceeding.

SUMMARY AS INTRODUCED:

Eminent domain procedures. Replaces the commissioner system for determining the just compensation payable when property is taken or damaged through exercise of the power of eminent domain with a jury system. Under the current system, each party to a valuation dispute picks six freeholders to serve as commissioners, from which five persons are picked. The bill proposes that valuation will be determined by a five-person jury drawn from the jury pool, with the requirement that a majority of persons on the panel from whom the jury is selected shall be freeholders. The bill also (i) requires a condemnor to provide a copy of its appraisal of the property with its offer to purchase the condemnee's property; (ii) raises the limit for compensation for a survey conducted by the condemnee from $100 to $1000; (iii) requires condemnors to conduct a title search of the property before making an offer to purchase or filing a certificate of take, in order to avoid delays in payments to condemnees; (iv) requires VDOT to use licensed real estate appraisers in conducting its valuations for property acquisitions; and (v) allows tenants whose lease term is 12 months or longer to intervene in an eminent domain proceeding.