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 may be substituted as a party in his place. Substitution shall be made on motion of the successor or of any party to the proceedings.
B. If the successor does not make or consent to the motion, the party making the motion shall file it with the court and the procedure thereon and the service of notice of such motion, if any, shall be in whatever manner the court may require as reasonable and proper in the circumstances involved but in no event shall the period of time required for any notice be greater than that which is prescribed for the notice in § 25.1-209 or § 25.1-210.
1962, c. 426, § 25-46.15; 2003, c. 940.
Structure Code of Virginia
Chapter 2 - Condemnation Procedures
§ 25.1-200. Chapter controls condemnation proceedings
§ 25.1-201. Jurisdiction of condemnation proceedings
§ 25.1-202. Nature of proceedings
§ 25.1-204. Effort to purchase required; prerequisite to effort to purchase or filing certificate
§ 25.1-205. Commencement of proceedings
§ 25.1-205.1. Mandatory dispute resolution orientation session
§ 25.1-206. Petition for condemnation
§ 25.1-207. Inclusion in petition of request for right of entry
§ 25.1-208. Joinder of separate parcels
§ 25.1-209. Notice of filing of petition
§ 25.1-210. Service of notice by order of publication; mailing copy of notice by publication
§ 25.1-211. Form of notice by publication
§ 25.1-212. Personal service of notice on nonresident owner
§ 25.1-213. Filing an answer and grounds of defense; election of commissioners or jury
§ 25.1-214. Failure of owner to file answer and grounds of defense
§ 25.1-216. Amendments to pleadings
§ 25.1-217. Substitution of party where owner becomes incapable of defending
§ 25.1-218. Intervention in proceedings
§ 25.1-220. Who determines issue of just compensation
§ 25.1-221. Consolidation of petitions for trial
§ 25.1-222. Proceedings not to be delayed by claims with respect to ownership of property
§ 25.1-223. Right to enter upon property
§ 25.1-224. Conditions upon entry; bonding; withdrawal of share by owner
§ 25.1-225. Abandonment of proceedings after entry upon property
§ 25.1-227.1. Qualifications of commissioners
§ 25.1-227.2. Empanelment of commissioners
§ 25.1-228. Qualification of jurors
§ 25.1-229. Selection of jurors
§ 25.1-230. Measure of just compensation; oaths of members of body determining just compensation
§ 25.1-230.1. (See Editor's Note) Lost access and lost profits
§ 25.1-232. Testimony on issues; report on just compensation
§ 25.1-233. Confirmation of report; exceptions to report
§ 25.1-234. Participation by certain tenants in proceedings to determine just compensation
§ 25.1-235. Compensation of commissioners or jurors
§ 25.1-236. Contracts made part of report
§ 25.1-237. Payment of compensation and damages into court; vesting of title
§ 25.1-238. Petitioner may begin work during pendency of proceedings; injunction prohibited
§ 25.1-239. Finality of order confirming, altering or modifying report; appeal
§ 25.1-240. Distribution of money paid into court
§ 25.1-241. Hearing on controversy among claimants to money paid into court
§ 25.1-243. Withdrawal pendente lite of money paid into court
§ 25.1-244. Interest on award; entry of judgment for award and interest
§ 25.1-246. When sheriff to remove forcible resistance to entry
§ 25.1-247. Recordation of orders, judgments and proceedings; costs
§ 25.1-247.1. Distribution of funds to owner or owner's attorney
§ 25.1-248. Dismissal of proceedings prior to trial on issue of just compensation
§ 25.1-249. Dismissal of proceedings after commencement of trial on issue of just compensation
§ 25.1-250. Effect of failure of petitioner to pay award; expenses