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1997 SESSION


CHAPTER 58
An Act to amend and reenact § 25-46.20 of the Code of Virginia, relating to the appointment of condemnation commissioners.
[H 1450]
Approved March 2, 1997

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.