SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2004 SESSION
040522296Be it enacted by the General Assembly of Virginia:
1. That §§ 25.1-303 and 25.1-417 of the Code of Virginia are amended and reenacted as follows:
§ 25.1-303. Effort to acquire property by purchase.
An authorized condemnor shall comply with the applicable provisions of §§
25.1-204 and subdivision A 1 of § 25.1-417 before exercising its authority to
acquire property by condemnation under the procedure set forth in this chapter.
§ 25.1-417. General provisions for conduct of acquisition.
A. If a state agency acquires real property in connection with any programs or
projects, such acquisition shall be conducted, to the greatest extent practicable, in accordance with
the following provisions:
1. The state agency shall make every reasonable effort to acquire expeditiously
real property by negotiation.
2. Real property Property shall be appraised before the initiation of
negotiations, and the owner or his designated representative shall be given an
opportunity to accompany the appraiser during his inspection of the property;
however, the requirements of this subdivision shall not apply if the state
agency's official who is responsible for the acquisition determines that the
value of the property being acquired is less than $10,000, based on assessment
records or other objective evidence.
3. Before initiating negotiations for real property, the state agency shall
establish an amount which it believes to be just compensation therefor and
shall make a prompt offer to acquire the property for the full amount so
established. In no event shall such amount be less than the agency's approved
appraisal of the fair market value of such property, if such an appraisal is
required. Any decrease or increase in the fair market value of real property
prior to the date of valuation caused by the public improvement for which such property is
acquired, or by the likelihood that the property would be acquired for such improvement,
other than that due to physical deterioration within the reasonable control of
the owner, shall be disregarded in determining the compensation for the
property. The agency concerned shall provide the owner of real property to be
acquired with a written statement of, and summary of the basis for, the amount
it established as just compensation, together with a copy of the agency's
approved appraisal of the fair market value of such property upon which the
agency has based the amount offered for the property, if such an appraisal is
required. Where appropriate, the just compensation for the real property
acquired and for damages to remaining real property shall be separately stated.
4. No owner shall be required to surrender possession of real property before
the state agency pays the agreed purchase price, or deposits with the state
court in accordance with applicable law, for the benefit of the owner, (i) an
amount not less than the agency's approved appraisal of the fair market value
of such property, if such an appraisal is required, or (ii) the amount of the
award of compensation in the condemnation proceeding for such property.
5. The construction or development of a public improvement shall be so
scheduled that, to the greatest extent practicable, no person lawfully
occupying real property shall be required to move from a dwelling, assuming a
replacement dwelling will be available, or to move his business or farm operation, without
at least 90-days' written notice from the state agency, of the date by which such move is
required.
6. If the state agency permits an owner or tenant to occupy the real property
acquired on a rental basis for a short term for a period subject to termination by the
state agency on a short notice, the amount of rent required shall not exceed the fair
rental value of the property to a short-term occupier. The fair rental value of
the property to a short-term occupier is less than the fair rental value to a
long-term occupier.
7. In no event shall the state agency either advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property. The agency shall not offer or introduce a lower appraisal at trial than the appraisal provided to the owner in conjunction with its offer as required by this section.
8. If any interest in real property is to be acquired by exercise of the power
of eminent domain, the state agency shall institute formal condemnation
proceedings. No state agency shall intentionally make it necessary for an owner
to institute legal proceedings to prove the fact of the taking of his real
property.
9. If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the agency concerned shall offer to acquire the entire property.
10. A person whose real property is being acquired in accordance with this
article may, after the person has been fully informed of his right to receive just
compensation for such property, donate such property, and part thereof, any
interest therein, or any compensation paid therefor to a state agency, as such
person shall determine.
11. Any owner whose property is taken pursuant to the power of eminent domain and who recovers at trial more than 15 percent above the value of the condemning authority's initial offer shall receive all reasonable costs and experts' fees, excluding attorneys' fees, expended in the owner's behalf.
12. All condemnation cases shall be given priority on the civil docket.
13. After depositing funds into court pursuant to § 25.1-305 and § 33.1-120 and after depositing funds into court after the award of just compensation in a condemnation trial, the condemnor shall prepare an order permitting the owner to withdraw such funds and shall perform all work necessary to prepare and provide such order. This section is binding on all condemnors regardless of the statutory authority under which a condemnor proceeds.
B. The provisions of this section create no rights or liabilities and shall not
affect the validity of any property acquisitions by purchase or condemnation.