§ 25.1-417.1. (Expires July 1, 2009) Partial reimbursement of costs of an owner obtaining a written appraisal rep...
A. Notwithstanding any other provision of Title 25.1 to the contrary, whenever the Department of Transportation and the owner do not reach an agreement for the acquisition of private property and the Department of Transportation lawfully files a Certificate of Deposit/Certificate of Take, if authorized to do so, or files a Petition in Condemnation, the owner shall be entitled to partial payment according to the provisions set out herein for the cost of preparation of one written self contained or summary appraisal report, as referenced in the Uniform Standards of Professional Appraisal Practice, provided it is the same type of report furnished to the landowner that complies with the requirements of the Uniform Standards of Professional Appraisal Practice at that time whenever (i) the offer by the Department of Transportation exceeds $250,000 or (ii) the owner contends, in a responsive pleading filed by the owner, or other written form, that just compensation for the land and interests described in said Certificate or Petition in Condemnation exceeds $250,000. However, the owner shall only be entitled to payment if the owner provides to the Department of Transportation a complete and accurate copy of such written appraisal report, which appraisal is equal to or greater than $250,000, which must relate to the type of acquisition sought by the Department of Transportation, at least 60 days prior to trial. Moreover, the court, in its discretion, may reimburse the landowner for appraisals that are less than $250,000 provided the appraisal otherwise meets the requirements of this section.
B. The amount of payment shall depend on the type of appraisal provided and shall not exceed $10,000. The amount of payment shall be based upon a schedule developed by the Department of Transportation, taking into consideration factors it deems appropriate including, but not limited to the type of acquisition-whole or partial; the complexity of the appraisal (residential, commercial, industrial, agricultural or other); the location of the property within the Commonwealth; the zoning of the property, or its reasonably probable and imminent potential for rezoning.
C. Payment shall be provided within 90 days of the receipt of such written appraisal report by the Department of Transportation according to the Schedule of Payment. Any disputes about the amount of payment shall be resolved by the court.
D. The amount of payment or fact of payment shall not be admissible in any subsequent trial on valuation of the property acquired.
(2007, c. 895.)
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