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2015 SESSION

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15101473D
HOUSE BILL NO. 2097 Offered January 14, 2015 Prefiled January 14, 2015 A BILL to amend and reenact § 25.1-205.1 of the Code of Virginia, relating to eminent domain dispute resolution session; condemnation proceeding; independent appraiser. ---------- Patron-- Keam ---------- Referred to Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 25.1-205.1 of the Code of Virginia is amended and reenacted as follows:

§ 25.1-205.1. Mandatory dispute resolution orientation session.

Following the filing of a petition initiating a condemnation proceeding, the court shall refer the matter to a dispute resolution orientation as provided in § 8.01-576.5 and shall name a single independent appraiser to determine the fair market value of the property indicated in the petition for the condemnation proceeding. The court shall set a date for the parties to return to court in accordance with its regular docket and procedure, irrespective of the referral to an orientation session. The parties shall notify the court, in writing, if the dispute is resolved prior to the return date.

Upon such referral, the parties shall attend one orientation session. The independent appraiser's determination of fair market value shall be presented at such orientation session. Further participation in a dispute resolution proceeding shall be by consent of all parties. Attorneys for any party may be present during a dispute resolution proceeding.