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1996 SESSION
961285466Be it enacted by the General Assembly of Virginia:
1. That § 25-46.20 of the Code of Virginia is amended and reenacted as follows:
§ 25-46.20 Appointment and oath of commissioners; commissioners to fix value of property and damages.
If the issue of just compensation is to be determined by a commission, the
parties to the eminent domain proceeding may agree upon five or nine
disinterested freeholders to act as commissioners, or if the parties cannot
agree upon the names of commissioners to be summoned, then each party shall
present to the court a list containing the names of at least six
three freeholders from which list
and the court shall select the names of
nine persons three freeholders.
From the lists presented by each party and the three
freeholders appointed by the court, the court shall select nine persons
to be summoned as commissioners; provided, however, that
. However, no person shall serve as such commissioner for more
than one full week within any three-month period, unless agreed to by the
parties, all of whom shall be residents of the county or city wherein the
property or the greater portion of the property to be condemned is
situated; and provided, further, if . If any party fails
to submit a list containing six three names as
provided above in this section, the judge may,
in his discretion, submit such a list in such party's behalf; and provided
further, that if . If a defendant has filed no
answer to the petition, and the attorney for the petitioner certifies that he
believes the defendant is unrepresented by counsel the judge may, in his
discretion, and subject to the right of the petitioner to challenge for cause,
subpoena five persons who shall serve as commissioners. If nine are summoned,
the petitioner and the owners shall each have two peremptory challenges and the
remaining five, or the original five if only five are summoned, shall be
appointed, any three or more of whom may act, and. Such
commissioners shall fix the value of the property to be taken and the
damages, if any, to any other property beyond the peculiar benefits, if any, to
such other property by reason of the taking and use thereof by the petitioner.
Before executing their duties the commissioners shall take an oath before some
officer authorized by the laws of this Commonwealth to administer an oath, that
they will faithfully and impartially ascertain what will be the value of the
property to be taken and the damages, if any, to any other property beyond the
peculiar benefits, if any, to such other property, by reason of such taking and
use by the petitioner.