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2020 SESSION

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Senate Bills on Third Reading

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S.B. 28. A BILL to amend and reenact § 25.1-245.1 of the Code of Virginia and to repeal § 25.1-245 of the Code of Virginia, relating to eminent domain; costs. 20100603D

Patron--Petersen

Reported from Committee on the Judiciary with amendments (13-Y 1-N)

YEAS--Edwards, Norment, Lucas, Obenshain, McDougle, Stanley, Chafin, Deeds, Petersen, Surovell, McClellan, Boysko, Morrissey--13.

NAYS--Saslaw--1.

ABSTENTIONS--0.

Committee amendments adopted by Senate February 3, 2020

AMENDMENT(S) PROPOSED BY THE SENATE

JUDICIARY

    1. Line 26, introduced
      strike
        all of lines 26 and 27 and through 1-219.1, on line 28
      insert
        E. The requirements of this section shall not apply to those condemnation actions initiated by a public service company, public service corporation, railroad pursuant to the delegation of the power of eminent domain granted in Title 56, or government utility corporation, as defined by § 1-219.1,

         

JUDICIARY

    2. Line 29, introduced, after 25.1-245.
      insert
        involving easements adjudged at less than $10,000.

         

JUDICIARY

    3. After line 30, introduced
      insert
        3. That the provisions of this act shall not apply to condemnation proceedings in which the petitioner filed, prior to July 1, 2020, (i) a petition in condemnation pursuant to Chapter 2 (§ 25.1 et seq.) of Title 25.1 of the Code of Virginia or (ii) a certificate of take or deposit pursuant to Chapter 3 (§ 25.1-300 et seq.) of Title 25.1 or Title 33.2 of the Code of Virginia. Any condemnation proceedings in which the petitioner filed a petition or certificate described in clause (i) or (ii) on or after July 1, 2016, and prior to July 1, 2020, shall be governed by the provisions of §§ 25.1-254 and 25.1-245.1 of the Code of Virginia in effect prior to July 1, 2020.