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1997 SESSION
Be 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 freeholders
from which list lists the court shall select the names
of nine persons to and two alternates who shall at least one
week prior to their service be summoned to serve 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 any party fails to submit a list containing
six or more 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 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 Once nine qualified persons
are summoned selected, 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. Such commissioners
, and 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.