A. The body determining just compensation shall ascertain (i) the value of the property to be taken and (ii) the damages, if any, that may accrue to the residue beyond the specific enhancement in value, if any, to such residue caused by the taking and public use of the property for which it is condemned. Such enhancement in value shall not be offset against the value of the property taken, and if such enhancement in value exceeds the damages, there shall be no recovery against the landowner for such excess.
In determining the market value of the property before the taking, the body determining just compensation may consider everything a buyer and seller in the marketplace would reasonably consider, but may not consider any increase or decrease in the fair market value of the property caused by the public use for which the property is being acquired, or by the likelihood that the property would be acquired for such public use, other than that due to physical deterioration within the reasonable control of the owner.
In determining the market value of the residue after the taking, the body determining just compensation may consider everything a buyer and seller in the marketplace would reasonably consider, including the public use for which the property is being acquired, but may not consider any general enhancement the residue experiences in common with surrounding properties as a result of the public use.
Nothing in this subsection shall make evidence of tax assessments admissible as proof of value in an eminent domain proceeding.
B. Before executing their duties, each member of the body determining just compensation shall take an oath before an officer authorized by the laws of the Commonwealth to administer an oath that he will faithfully and impartially ascertain the amount of just compensation to which a party is entitled.
Code 1919, §§ 4366, 4367; 1928, p. 334; 1948, p. 168; Code 1950, §§ 25-12, 25-16; 1962, c. 426, § 25-46.20; 1968, c. 535; 1973, c. 510; 1974, c. 625; 1975, c. 551; 1991, c. 520; 1993, c. 906; 1997, c. 58; 2000, c. 1029; 2003, c. 940; 2019, c. 788.
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