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2014 SESSION
14103041DBe it enacted by the General Assembly of Virginia:
1. That § 25.1-245 of the Code of Virginia is amended and reenacted as follows:
§ 25.1-245. Costs.
A. Except as otherwise provided in this chapter, all costs of the proceeding in the trial court that are fixed by statute shall be taxed against the petitioner.
B. The court may in its discretion tax as a cost a fee, not to exceed $1,000, for a survey for the landowner.
C. If an owner whose property is taken by condemnation under
this title or under Title 33.1 is awarded at trial, as compensation for the taking
of or damage to his real property, an amount that is 30 percent or more greater
than the amount of the petitioner's final written offer made not later than 60
days after receipt by the petitioner of a complete copy of the owner's written
self contained or summary appraisal report, as referenced in the Uniform
Standards of Professional Appraisal Practice, provided it is the same type of
report furnished to the landowner that complies with the requirements of the
Uniform Standards of Professional Appraisal Practice in effect as of the date
of such report on which the owner intends to rely to support the amount of just
compensation to which he claims to be entitled, the court may shall order the petitioner to pay to the owner those (i)
reasonable costs, other than including reasonable attorney
fees, and (ii) reasonable fees and travel costs, including reasonable appraisal
and engineering fees, for no more than three experts testifying at trial, that
the owner incurs. The requirements of this subsection shall not apply to those
condemnation actions:
1. Involving easements valued at less than $10,000.
2. In which the petitioner filed, prior to July 1, 2005: (i) a petition in condemnation pursuant to Chapter 2 (§ 25.1-205 et seq.) of this title; or (ii) a certificate of take or deposit pursuant to Title 33.1, or Chapter 3 (§ 25.1-300 et seq.) of this title.
3. In which the owner does not provide the report described herein.
D. All costs on appeal shall be assessed and assessable in the manner provided by law and the Rules of Court as in other civil cases.