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2007 SESSION

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HB 3199 Written appraisal report; costs in condemnation action.

Introduced by: Clifford L. Athey, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Costs in a condemnation action; written appraisal report.  Requires the owner to provide a condemning party a written self contained or summary appraisal report, provided it is the same type of report furnished to the owner and complies with the requirements of the Uniform Standards of Professional Appraisal Practice, in order to obtain costs and fees under § 25.1-245 and creates § 25.1-417.1 whereby a property owner can receive a partial reimbursement of costs of a written self contained or summary appraisal report if no agreement can be reached when the offer made by the Department of Transportation exceeds $250,000 or the owner contends that just compensation exceeds $250,000. In order to be entitled to reimbursement, the owner must submit the appraisal report, which appraisal is equal to or greater than $250,000, at least 60 days prior to trial. The court may, in its discretion, allow reimbursement in cases when the appraisal is less than $250,000.

SUMMARY AS PASSED:

Costs in a condemnation action; written appraisal report. Requires the owner to provide a condemning party a written report of appraisal, provided it is the same type of report furnished to the owner and complies with the requirements of the Uniform Standards of Professional Appraisal Practice, in order to obtain costs and fees under § 25.1-245 and creates § 24.1-417.1 whereby a property owner can receive a partial reimbursement of costs of a written appraisal report if no agreement can be reached when the offer made by the Department of Transportation exceeds $250,000 or the owner contends that just compensation exceeds $250,000. In order to be entitled to reimbursement, the owner must submit the appraisal report, which appraisal is equal to or greater than $250,000, at least 60 days prior to trial. The court may, in its discretion, allow reimbursement in cases when the appraisal is less than $250,000.

SUMMARY AS INTRODUCED:

Costs in a condemnation action; written appraisal report. Requires the owner to provide a condemning party a written report of appraisal that complies with the requirements of the Uniform Standards of Professional Practice to obtain costs and fees under § 25.1-245 and creates § 24.1-417.1 whereby a property owner can receive a partial reimbursement of costs of a written appraisal report if no agreement can be reached.