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2021 SPECIAL SESSION I
21101431DBe it enacted by the General Assembly of Virginia:
1. That § 33.2-1011 of the Code of Virginia is amended and reenacted as follows:
§ 33.2-1011. Right to enter on land to ascertain its suitability for highway and other transportation purposes; damage resulting from such entry.
A. The Commissioner of Highways, through his duly authorized
officers, agents, or employees, may enter upon any land in the Commonwealth for
the purposes of making examination and survey thereof, including photographing;
testing, including soil borings or testing for contamination; making
appraisals; and taking such actions as may be necessary or desirable to
determine its suitability for highway and other transportation purposes or for
any other purpose incidental thereto. Such officers, agents, or servants shall
exercise care to protect any improvements, growing crops, or timber in making
such examination or survey. Such officers, agents, or servants may enter upon
any property without the written permission of its owners if (i) the Commissioner has
requested the owner's permission to inspect the property as provided in
subsection B, (ii) the owner's written permission is not received prior to the
date entry is proposed, and (iii) the Commissioner has
given the owner notice of intent to enter as provided in subsection C B.
B. 1. A request for permission notice of intent to enter and inspect shall (i) be
sent to the owner by certified mail, return receipt requested, delivered by
guaranteed overnight courier, or otherwise delivered to the owner in person
with proof of delivery and (ii) be made not less than 15 30 days prior to the first
date of the proposed inspection. A request for
permission notice of intent
to enter and inspect shall be
deemed to be made on the date of mailing, if mailed, or otherwise on the date
of delivery.
2. A request for permission notice of intent to enter and inspect shall
include (i) the specific date or dates such inspection is proposed to be made;
(ii) the name of the entity entering the property; (iii) the number of persons for whom permission is sought expected to enter the property;
(iv) the purpose for which entry is made; and (v) the testing, appraisals, or
examinations to be performed and other actions to be taken.
3. Any persons entering the property pursuant to a notice of intent to enter and inspect shall carry identification and shall present such identification upon the request of the landowner or his authorized representative.
C. If the
owner's written permission is not received within 15 days of the request for
permission, then the Commissioner shall provide notice of intent to enter.
Notice of intent to enter shall be sent to the owner by certified mail and be
(i) posted at the entryway to the property or at the front door or such other
door that appears to be the main entrance of the residence or business located
on the parcel upon which the property to be entered is located, if the parcel
contains a residence or business; (ii) delivered by guaranteed overnight
courier; or (iii) otherwise delivered to the owner in person with evidence of
receipt. The notice of intent to enter shall include a copy of the request for
permission to inspect and shall be made not less than 15 days prior to the date
of intended entry. The notice of intent to enter shall include (a) the specific
date or dates of such intended entry; (b) the name of the entity entering the
property; (c) the number of persons intending to enter the property; (d) the
purpose for which entry is made; and (e) the testing, appraisals, or
examinations to be performed and other actions to be taken, which in no way
shall exceed those set forth in the request for permission pursuant to
subdivision B 2. Notice of intent to enter shall be deemed made on the earlier
of (1) the date of mailing, if mailed, or (2) the date of delivery or posting.
Any individuals entering the property shall carry identification and shall
present such identification upon request of the landowner or his authorized
representative.
D. Any
entry authorized by this section (i) shall be for the purpose of making surveys,
tests, appraisals, or examinations thereof in order to determine the
suitability of such property for the project and (ii) shall not be deemed a
trespass.
E. D. The
Commissioner shall make reimbursement for any actual damages resulting from
entry upon the property. In any action filed under this section, the court may
award the owner his reasonable (i) attorney fees, (ii) court costs, and (iii)
fees for up to three experts or as many experts as are called by the condemnor,
whichever is greater, who testified at trial if the court finds that the
Commissioner damaged the owner's property. A proceeding under this subsection
shall not preclude the owner from pursuing any additional remedies available at
law or equity.
F. E. The requirements of this
section shall not apply to the practice of land surveying, as defined in §
54.1-400, when such surveying is not involved in any eminent domain or any
proposed eminent domain matter.