Code of Virginia - Title 25.1 Eminent Domain - Chapter 2 Condemnation Procedures

25.1-200 Chapter controls condemnation proceedings
Unless otherwise specifically provided by law, all proceedings for the condemnation of property under the power of eminent domain shall be brought and conducted according ...

25.1-201 Jurisdiction of condemnation proceedings
Jurisdiction of proceedings to condemn property under this chapter shall be in the circuit court of the county or city wherein such property, or the ...

25.1-202 Nature of proceedings
Condemnation proceedings shall be conducted as actions at law. (1972, c. 533, § 25-46.4:1; 2003, c. 940.) ...

25.1-203 Authority of certain condemnors to inspect property; reimbursement for damages; notice prior to ent...
A. In connection with any project wherein the power of eminent domain may be exercised, any locality or any petitioner exercising the procedure set forth ...

25.1-204 Effort to purchase required; prerequisite to effort to purchase or filing certificate
A. A condemnor shall not institute proceedings to condemn property until a bona fide but ineffectual effort to purchase from the owner the property sought ...

25.1-205 Commencement of proceedings
A. Proceedings for condemnation shall be initiated by filing a petition complying with the requirements of § 25.1-206 in the court. B. A public utility ...

25.1-205.1 Mandatory dispute resolution orientation session.
Following the filing of a petition initiating a condemnation proceeding, the court shall refer the matter to a dispute resolution orientation as provided in § ...

25.1-206 Petition for condemnation
The petition for condemnation shall contain: 1. A caption wherein the person vested by law with power to exercise the right of eminent domain shall ...

25.1-207 Inclusion in petition of request for right of entry
The petition may also include (i) facts and circumstances on the basis of which the petitioner desires to obtain the right of entry as provided ...

25.1-208 Joinder of separate parcels
The same petition may join one or more separate pieces, tracts, parcels or lots of land, whether in the same or different ownership and whether ...

25.1-209 Notice of filing of petition
A. Upon the filing of a petition for condemnation, the petitioner shall give the owners 21 days' notice of the filing of such petition and ...

25.1-210 Service of notice by order of publication; mailing copy of notice by publication
A. Upon the filing of an affidavit by a duly authorized officer, agent or attorney for the petitioner stating that he believes any owner cannot ...

25.1-211 Form of notice by publication
A. The form of the notice by publication pursuant to § 25.1-210, to which shall be attached the signature of the clerk, or the deputy ...

25.1-212 Personal service of notice on nonresident owner
Personal service of the notice of the filing of a petition may be made by any person, not a party to or otherwise interested in ...

25.1-213 Filing an answer and grounds of defense; election of jury
Within 21 days of the service thereof any such owner who desires to assert any objection or defense to the taking or damaging of his ...

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 ...

25.1-215 No notice required where owner is a person under a disability; appointment of guardian ad lite...
If any owner is a person under a disability and has no guardian, conservator or committee in this Commonwealth, (i) no notice need be issued ...

25.1-216 Amendments to pleadings
A. No amendments shall be made to the petition or other pleading after it is filed, except by leave of court. B. Leave to amend ...

25.1-217 Substitution of party where owner becomes incapable of defending
A. If an owner becomes incapable of defending because of death, insanity, conviction of felony, removal from office, or other cause, his successor in interest ...

25.1-218 Intervention in proceedings
Any person not already a party to the proceedings whose property, or any interest or estate therein, is to be taken or damaged, or who ...

25.1-219 Pretrial settlement conference; determination of preliminary issues; fixing date of trial on issue ...
A. The owner or the petitioner in any condemnation proceeding may request and, if requested, the court shall order a pretrial settlement conference. Such conference ...

25.1-220 Who determines issue of just compensation
The issue of just compensation shall be determined by a jury, upon a timely election made by an owner. However, by agreement of the petitioner ...

25.1-221 Consolidation of petitions for trial
Unless any party demands a separate hearing on the issue of just compensation, the court may consolidate for trial two or more petitions. (1972, c. ...

25.1-222 Proceedings not to be delayed by claims with respect to ownership of property
No delay in the proceeding for the determination of just compensation shall be occasioned by the claims of the parties with respect to the ownership ...

25.1-223 Right to enter upon property
A. Unless otherwise provided by law, any petitioner may enter upon the property to be condemned at any time after the filing of its petition ...

25.1-224 Conditions upon entry; bonding; withdrawal of share by owner
A. The court, after 21 days following service of the petitioner's application, and after a hearing thereon, may approve the petitioner's application if it finds ...

25.1-225 Abandonment of proceedings after entry upon property
If the petitioner enters upon the property under this section and does any work thereon, or causes any injury or damage to such property, it ...

25.1-226 , 25.1-227
Repealed by Acts 2006, c. 586, cl. 2. ...

25.1-228 Qualification of jurors
A. The provisions of this article shall apply in eminent domain proceedings in which the issue of just compensation is to be determined by a ...

25.1-229 Selection of jurors
A. Except as otherwise provided in this section, the provisions of Chapter 11 (§ 8.01-336 et seq.) of Title 8.01 shall apply to the selection ...

25.1-230 Measure of just compensation; oaths of members of body determining just compensation
A. The body determining just compensation shall in each case ascertain the amount of just compensation to which a party is entitled as follows: 1. ...

25.1-231 View of property
The court shall direct the body determining just compensation, in the custody of the sheriff or sergeant or one of his deputies, to view the ...

25.1-232 Testimony on issues; report on just compensation
A. Upon completion of the view, the court shall hear the testimony in open court on the issues joined. B. When the body determining just ...

25.1-233 Confirmation of report; exceptions to report
A. The report of the body determining just compensation may be confirmed or set aside forthwith by the court. B. However, when the report is ...

25.1-234 Participation by certain tenants in proceedings to determine just compensation
A. Any tenant under a lease with a term of 12 months or longer may participate in the proceedings to determine just compensation to the ...

25.1-235 Compensation of jurors
The jurors empanelled shall, for every day or portion thereof they may be employed in the performance of their duties, receive an allowance in the ...

25.1-236 Contracts made part of report
If the petitioner and the person whose property is being condemned under the provisions of this chapter shall, before the report of just compensation is ...

25.1-237 Payment of compensation and damages into court; vesting of title
Upon the return of the report of the body determining just compensation, and the confirmation, alteration or modification thereof in the manner provided in this ...

25.1-238 Petitioner may begin work during pendency of proceedings; injunction prohibited
A. Upon the return of the report of the body determining just compensation and upon payment into court of the sum ascertained therein, the petitioner ...

25.1-239 Finality of order confirming, altering or modifying report; appeal
A. The order confirming, altering or modifying the report of just compensation shall be final. B. Any party aggrieved thereby may apply for an appeal ...

25.1-240 Distribution of money paid into court
A. Upon the award being paid into court and the confirmation of the report in the manner provided in § 25.1-237, the interest or estate ...

25.1-241 Hearing on controversy among claimants to money paid into court
A. If it appears to the court that there exists a controversy among claimants to the fund and any interest accrued thereon, or to the ...

25.1-242 Appointment of other body to determine just compensation when new trial ordered; costs of new tria...
A. If (i) the body determining just compensation fails to report its award of just compensation within a reasonable time after the issue of just ...

25.1-243 Withdrawal pendente lite of money paid into court
A. At any time after payment into court of the sum ascertained in the report of the award of just compensation, notwithstanding the fact that ...

25.1-244 Interest on award; entry of judgment for award and interest
A. If the petitioner has exercised pendente lite the right to enter into and take possession of the land or other property, in the manner ...

25.1-245 Costs
A. Except as otherwise provided in this chapter, all costs of the proceeding in the trial court that are fixed by statute shall be taxed ...

25.1-246 When sheriff to remove forcible resistance to entry
In any case in which the petitioner may be entitled under the laws of this Commonwealth to enter upon property for purposes of making examinations ...

25.1-247 Recordation of orders, judgments and proceedings; costs
A. The clerk of the court shall make and certify a copy of so much of the orders, judgments and proceedings in the case as ...

25.1-248 Dismissal of proceedings prior to trial on issue of just compensation
If a hearing has not begun in the trial of the issue of just compensation for the taking or damaging of property and the petitioner ...

25.1-249 Dismissal of proceedings after commencement of trial on issue of just compensation
At any time after a hearing has begun in the trial of the issue of just compensation for the taking or damaging of any property ...

25.1-250 Effect of failure of petitioner to pay award; expenses
If the petitioner fails to pay to the parties entitled thereto, or into court, the amount of the award of just compensation before the time ...

25.1-251 Dismissal of proceedings by stipulation of parties; effect of dismissal; dropping parties
A. Before the vesting of title, or a lesser interest therein in any property in the manner prescribed in this chapter, the proceedings may be ...