Code of Virginia - Title 25.1 Eminent Domain - Section 25.1-214 Failure of owner to file answer and grounds of defense

§ 25.1-214. Failure of owner to file answer and grounds of defense

A. The failure of any owner to file an answer and grounds of defense as provided in § 25.1-213 shall not preclude the owner from (i) appearing on the date set for the empanelment of a jury, (ii) presenting evidence as to valuation and damage, or (iii) sharing in the award of just compensation according to his interest therein or otherwise protecting his rights. However, such failure shall preclude the owner from any other defense by way of pleas in bar or otherwise, except that for good cause shown the time for filing such answer and grounds of defense may be extended by the court.

B. If the owner fails to elect to have the determination of just compensation made by a jury, then the petitioner may elect to have the issue of just compensation determined by a jury or by the court as provided in § 25.1-220.

(Code 1919, § 4365; Code 1950, § 25-10; 1962, c. 426, § 25-46.9; 1975, c. 189; 1991, c. 520; 2000, c. 1029; 2003, c. 940; 2006, c. 586.)

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Last modified: April 16, 2009