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2003 SESSION

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034825500
SENATE BILL NO. 995 Offered January 8, 2003 Prefiled January 7, 2003 A BILL to amend and reenact § 25-46.5 of the Code of Virginia, relating to eminent domain; copy of report on status of title. ---------- Patron-- Mims ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 25-46.5 of the Code of Virginia is amended and reenacted as follows:

§ 25-46.5. Effort to purchase required; prerequisite to effort to purchase or filing certificate.

A. No proceedings shall be taken to condemn property until a bona fide but ineffectual effort has been made to acquire from the owner by purchase the property sought to be condemned, except where such consent cannot be obtained because of the incapacity of one or more of the owners or because one or more of such owners is unable to convey legal title to such property or is unknown or cannot with reasonable diligence be found within this Commonwealth.

B. Such bona fide effort shall include a written statement to the owner which explains the factual basis for the condemnor's offer, and include a copy of the appraisal of the property prepared pursuant to § 25-248 upon which such offer is based.

C. Notwithstanding any provision of law to the contrary, a condemnor, prior to making an offer to acquire a fee simple interest in property by purchase or filing a certificate of take or certificate of deposit pursuant to § 33.1-120 or § 33.1-121, shall (i) conduct or cause to be conducted an examination of title to the property in order to ascertain the identity of the owner or owners of such property and to determine the nature and extent of such owners' interests in the property and (ii) provide to such owner or owners a copy of the report of status of title.