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2007 SESSION

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075245220
HOUSE BILL NO. 2397 Offered January 10, 2007 Prefiled January 9, 2007 A BILL to amend the Code of Virginia by adding a section numbered 25.1-205.2, relating to the burden of establishing public use in condemnation cases. ---------- Patrons-- Athey, Frederick, Jones, S.C., McQuigg and Sherwood ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 25.1-205.2 as follows:

§ 25.1-205.2. The burden of establishing public use; condemnor.

In any condemnation action the condemnor shall establish, by a preponderance of the evidence, that the proposed public use being relied upon as the basis for the taking is a public use that directly benefits adjacent landowners and the community in proximity to the property that is the subject of the condemnation action.