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2016 SESSION
16102425DBe 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 condemnor.
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 33.2 is awarded at trial, as compensation for the
taking of or damage to his real property, an amount that is 30 20 percent or more greater
than the amount of the petitioner's final condemnor's initial 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 pursuant to § 25.1-204, the
court may order the petitioner condemnor to pay to the owner
those (i) reasonable costs, other than attorney fees, and (ii) reasonable fees
and travel costs, including reasonable appraisal and engineering fees incurred by the owner, for no more than up to three experts testifying or
as many experts as are
called by the condemnor, whichever is greater, who testified
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 in which the petitioner filed,
prior to July 1, 2005: (i), (a) a petition in
condemnation pursuant to Chapter 2 (§ 25.1-205 et seq.) of this
title; or (ii) (b) a certificate of take or
deposit pursuant to Title 33.2, 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.