A. No reformation, alteration, revision, amendment, or invalidation shall be made to a recorded certificate for any purpose without the prior consent of the court wherein such certificate is recorded.
B. The court shall have jurisdiction to:
1. Reform, alter, revise, amend, or invalidate, in whole or in part, any certificate; and
2. Correct mistakes in the description of the property affected by such certificate, the name or names of the owner or owners in the certificate, or any other error that may exist with respect to such certificate for any other purpose.
C. A petition filed by the authorized condemnor with the court setting forth any error made in such certificate, or the necessity of any change therein, shall be deemed sufficient basis for the reformation, alteration, revision, amendment, or invalidation in whole or in part of such certificate.
D. The court may enter an order permitting the reformation, alteration, revision, amendment or invalidation, in whole or in part, of the certificate. Such order, together with any revised certificate that may be necessary, shall be recorded in the clerk's office in the same manner required for the recordation of a certificate. The filing of any certificate pursuant to the provisions of this section shall not alter the date of taking as established by the recordation of the original certificate pursuant to § 25.1-307 as to any property that is included in the amended certificate. An amended certificate shall not include any property not included in the original certificate.
E. Nothing in this section shall be construed to prohibit or preclude any person from recovering damages in a condemnation proceeding resulting from such reformation, alteration, revision, amendment, or invalidation.
2003, c. 940; 2019, c. 788.
Structure Code of Virginia
Chapter 3 - Transferring Defeasible Title by Certificate
§ 25.1-301. Applicability of chapter; purpose
§ 25.1-302. Protection of property
§ 25.1-303. Effort to acquire property by purchase
§ 25.1-304. Authority to take possession and title to property
§ 25.1-306. Notice of intent to file certificate
§ 25.1-307. Content of certificates; recordation of certificates
§ 25.1-308. Effect of recordation of certificate; transfer of title or interest in property
§ 25.1-309. Property situated in two or more localities
§ 25.1-310. Proceedings for distribution of funds
§ 25.1-311. Effect of acceptance of payments; evidence as to amount of deposit or certificate
§ 25.1-312. Reformation, alteration, revision, amendment, or invalidation of certificate
§ 25.1-313. Institution of condemnation proceedings
§ 25.1-314. Order confirming award; recordation
§ 25.1-315. Awards in greater amounts than deposit; interest
§ 25.1-316. Awards in lesser amounts than deposit; interest
§ 25.1-317. Agreements as to compensation; petition and order of court thereon; disposition of funds
§ 25.1-318. Petition by owner for determination of just compensation