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2007 SESSION
070585766Be it enacted by the General Assembly of Virginia:
1. That § 25.1-229 of the Code of Virginia is amended and reenacted as follows:
§ 25.1-229. Selection of jurors.
A. The jury commissioners established pursuant to Chapter
11 (§ 8.01-336 et seq.) of Title 8.01 shall select condemnation jurors.
Except as otherwise provided in this subsection section, the
provisions of §§ 8.01-345, 8.01-346, 8.01-347, 8.01-356, and 8.01-358
relating to procedures for preparing this list from which members will be
chosen, penalties for failure to appear and voir dire examination
Chapter 11 (§ 8.01-336 et seq.) of Title 8.01 shall apply to the
selection of condemnation jurors juries, mutatis
mutandis. While preserving the random selection process set forth in §
8.01-345, the jury commissioner shall determine the freeholder status of
individuals randomly selected by reference to tax rolls or other reliable data
the judge of the circuit court deems appropriate.
B. The condemnation jury shall be comprised of five
members. The members of the condemnation jury shall be drawn from the list
submitted by the jury commission. The clerk shall, in the presence of the
judge, after thoroughly mixing the ballots in the box, openly draw nine names
therefrom. At the same time, the names of at least two additional persons shall
be drawn to act as alternate jurors in the event of the death, absence, or
disability of any acting juror. However, all All of the acting
jurors and all of the names drawn for alternate jurors shall be freeholders of
property within the jurisdiction. As soon as practicable thereafter, the clerk
shall serve notice on the jurors so drawn to appear in court on the date set
for trial. Alternatively, the procedures for selection by mechanical or
electronic techniques as provided in § 8.01-350.1 may be utilized.
C. After each ballot containing a juror's name has been
drawn, it shall be placed in a secure envelope maintained for the purpose of
holding drawn ballots. The envelope shall be kept in the ballot box. No drawn
ballot shall be returned to the pool of undrawn ballots until the pool has been
exhausted, except as may be required to ensure that the required number of
names drawn are freeholders of property within the jurisdiction. However, the
clerk shall immediately return to the pool of undrawn ballots the ballot of any
juror who was drawn but was excused by the court from appearing or was not
required to appear because of trial cancellation. When the pool is exhausted,
all ballots shall be returned to the box and drawing shall begin again.
Alternatively, the procedures for selection by mechanical or electronic
techniques as provided in § 8.01-350.1 may be utilized.
D. It shall be the duty of the clerk to notify each juror
whose name has been drawn of the date on which he is to appear to hear the
case. The notice shall be in writing and shall be delivered at least seven days
prior to the trial. The clerk shall also promptly notify in writing the jurors
who have been struck by pretrial challenge that they need not appear.
E. The court shall have the discretionary power to excuse a
juror's attendance on any given day or for any specific case upon request of
the juror for good cause shown. If a juror is so excused seven or more days
prior to trial, a replacement juror shall be drawn and notified under the
procedures provided in this section.
F. On the day set for trial, jurors who appear shall be
called to be sworn on their voir dire until a disinterested and impartial panel
is obtained. A juror may be stricken for cause. From the impartial panel the
judge shall randomly select 13 jurors. From the panel of 13 jurors each party
shall have four preemptory strikes. The court may appoint
alternate jurors. Five persons from a panel of not fewer than 11 jurors
shall constitute a jury in a condemnation case. If fewer than seven jurors
remain before the court prior to the exercise of peremptory strikes, the trial
may proceed and be heard by less than five jurors provided the parties agree.
However, no trial shall proceed with fewer than three jurors.
GC. The conclusion of the jurors need not be
unanimous, and a majority of the jurors may act in the name of the jury.
HD. In condemnation proceedings instituted by
the Commonwealth Transportation Commissioner, a person owning structures or
improvements for which an outdoor advertising permit has been issued by the
Commonwealth Transportation Commissioner pursuant to § 33.1-360 shall be deemed
to be an "owner" for purposes of this section.