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2002 SESSION

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HB 844 Eminent domain.

Introduced by: Thelma Drake | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Eminent domain. Repeals the July 1, 2002, sunset for certain provisions regarding eminent domain procedures that were enacted in the 2000 Session. The procedures that were scheduled to expire on July 1, 2002: (i) give property owners the option of having compensation awards determined by a jury; (ii) require a condemnor to provide a copy of its appraisal of the property with its offer to purchase the condemnee's property; (iii) increase the maximum compensation for a survey conducted by the condemnee from $100 to $1,000; (iv) require condemnors to conduct a title search of the property before making an offer to purchase or filing a certificate of take, in order to avoid delays in payments to condemnees; (v) require VDOT to use licensed real estate appraisers in conducting its valuations for property acquisitions; and (vi) allow tenants with a lease of 12 months or longer to intervene in eminent domain proceedings involving their leased property. This bill is identical to SB 107.

SUMMARY AS INTRODUCED:

Eminent domain. Repeals the July 1, 2002, sunset for certain provisions relating to the exercise of the power of eminent domain. These provisions allow persons whose property is taken or damaged through exercise of the power of eminent domain to elect to have the amount of just compensation determined by either a panel of commissioners or a jury. Under the previous system, each party to a valuation dispute picks six freeholders to serve as commissioners, from which five persons are picked. These provisions also (i) require a condemnor to provide a copy of its appraisal of the property with its offer to purchase the condemnee's property; (ii) raise the limit for compensation for a survey conducted by the condemnee from $100 to $1,000; (iii) require condemnors to conduct a title search of the property before making an offer to purchase or filing a certificate of take, in order to avoid delays in payments to condemnees; and (iv) require VDOT to use licensed real estate appraisers in conducting its valuations for property acquisitions.