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2017 SESSION

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HB 2024 Condemnation powers and proceedings; notice to owner or tenant.

Introduced by: Nicholas J. Freitas | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Condemnation powers and proceedings; notice to owner or tenant. Requires an authorized condemnor or the Commissioner of Highways to give notice to the owner or tenant of freehold property subject to condemnation between 30 and 45 days prior to the filing or recordation of a certificate in any "quick take" condemnation proceeding. Current law requires notice but does not provide a time frame within which such notice must be given. The bill also requires such condemnor to notify the owner or tenant within four business days of the filing or recording by providing a copy of the certificate by certified or registered mail.

SUMMARY AS PASSED HOUSE:

Condemnation powers and proceedings; notice to owner or tenant. Requires an authorized condemnor, or the Commissioner of Highways, as applicable, to give notice to the owner or tenant of freehold property subject to condemnation no later than 15 days prior to the filing or recordation of a certificate in any "quick take" condemnation proceeding. Current law requires notice but does not provide a time frame within which such notice must be given.

SUMMARY AS INTRODUCED:

Condemnation powers and proceedings; imminent threat to public health, safety, and welfare required. Provides that "quick take" condemnation proceedings, the procedure for which is governed by Chapter 3 (§ 25.1-300 et seq.) of Title 25.1 (Transferring Defeasible Title by Certificate), are available for use only when a court determines that the use of such procedure is necessary to protect against an imminent threat to public health, safety, and welfare. The bill further allows for entities allowed to exercise eminent domain only in the manner provided for by Chapter 3 of Title 25.1 to alternatively use the procedures outlined by Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 (Condemnation Procedures).