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1998 SESSION

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CHAPTER 556 An Act to amend and reenact § 25-46.5 of the Code of Virginia, relating to condemnation; bona fide effort to purchase. [S 641] Approved April 15, 1998

Be it enacted by the General Assembly of Virginia:

1. That § 25-46.5 of the Code of Virginia is amended and reenacted as follows:

§ 25-46.5. Effort to purchase required.

A. No proceedings shall be taken to condemn property until a bona fide but ineffectual effort has been made to acquire from the owner by purchase the property sought to be condemned, except where such consent cannot be obtained because of the incapacity of one or more of the owners or because one or more of such owners is unable to convey legal title to such property or is unknown or cannot with reasonable diligence be found within this Commonwealth.

B. Such bona fide effort shall include a written statement to the owner which explains the factual basis for the condemnor's offer.