SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1998 SESSION
984340358Be it enacted by the General Assembly of Virginia:
1. That § 25-46.34 of the Code of Virginia is amended and reenacted as follows:
§ 25-46.34. Dismissal of proceedings; dropping defendant; attorneys' fees.
(a)A. If no hearing has begun in the trial of the issue
of just compensation for the taking or damaging of property or property
interest and the petitioner has not already acquired the title or a lesser
interest or estate in or taken possession of such property, the petitioner may
upon motion obtain, as a matter of right, an order dismissing the proceeding as
to such property, which order shall also provide except in a settlement by
agreement of the parties that the petitioner shall pay such owner or owners
their reasonable expenses which have been actually incurred by them in
preparing for the trial on the issue of just compensation, in such amounts as
the court deems just and reasonable.
(b)B. At any time after a hearing has begun in the trial
of the issue of just compensation for the taking or damaging of any property or
property interest, the petitioner not having already acquired the title or a
lesser interest or estate in or taken possession of such property, or paid the
amount of just compensation into court, and before the time for noting an
appeal from any final order upon a report of just compensation, the petitioner
may, upon motion, obtain as a matter of right an order dismissing the
proceedings as to such property, which order shall also provide that the
petitioner shall pay such owner or owners for the following expenses which have
been actually incurred by them in such amounts as the court deems just and
reasonable: attorney's fee, witness fees including reasonable expert witness
fees, not exceeding three, and other reasonable expenses and compensation for
time spent as a result of the condemnation proceedings. If any such expenses
are not paid within thirty days of the entry of such order, judgment therefor
shall be entered against the petitioner.
(c)C. In the event the petitioner fails to pay to the
parties entitled thereto, or into court, the amount of the award of just
compensation before the time for noting an appeal from any final order upon the
report of just compensation, the owner or owners of the property to be taken or
affected may, upon motion, obtain as a matter of right an order dismissing the
proceeding as to such property, which order shall also provide that the
petitioner shall pay such owner or owners his expenses as provided in
subsection (b) B of this section. If any such expenses
are not paid within thirty days of the entry of such order, judgment therefor
shall be entered against the petitioner.
D. If the amount of the award of just compensation is greater than the amount offered by the petitioner as part of a bona fide effort to purchase the property, the court may award attorneys' fees, court and other reasonable costs to the property owner.
(d)E. Before the vesting of title, or a lesser interest
or estate in any tract or parcel of land in the manner prescribed in this
chapter, the proceedings may be dismissed, in whole or in part, as to any such
property upon the filing of a stipulation of dismissal by the parties affected
thereby; and, if such parties so stipulate, the court may vacate any order that
has been entered.
(e)F. Except as otherwise provided in a stipulation of
dismissal or order of the court, any dismissal is without prejudice.
(f)G. The court may at any time drop a defendant
unnecessarily or improperly joined.