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2016 SESSION

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SB 478 Eminent domain; reimbursement of costs.

Introduced by: Mark D. Obenshain | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Eminent domain; reimbursement of costs. Provides that costs and fees may be awarded in compensation actions initiated by public service companies, public service corporations, railroads that have been delegated the power of eminent domain, or government utility corporations where the amount that the owner is awarded at trial as compensation for the taking of or damage to his real property is 30 percent or more greater than the amount of the petitioner's final written offer. The bill further provides that, for owners whose property is taken by condemnation under Title 25.1 or Title 33.2, costs and fees may be awarded where such compensation is 25 percent or more greater than the amount of the condemnor's initial written offer.

The provisions of the bill do not apply to condemnation proceedings in which the petitioner filed, prior to July 1, 2016, a petition in condemnation or a certificate of take or deposit. The provisions of § 25.1-245 in effect prior to July 1, 2016, shall govern condemnation proceedings in which a petitioner filed a petition in condemnation or certificate of take or deposit after July 1, 2005, and prior to July 1, 2016.


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