Code of Virginia
Title 25.1 - Eminent Domain

§ 25.1-104. Condemnation of lands of private educational institutions for highway purposes - No lands of any private, nonprofit institution of higher education...

§ 25.1-105. Condemnation of cemeteries - Nothing in this title shall be construed to authorize the...

§ 25.1-106. Condemnation of lands within agricultural and forestal districts - No property that is within an agricultural and forestal district...

§ 25.1-107. Condemnation of lands within adopted conservation or redevelopment plans - A. After the adoption of a conservation or redevelopment plan...

§ 25.1-108. Offer to sell to former owner - A. If a condemnor has acquired a fee simple interest...

§ 25.1-109. Condemnation of lands for compensatory mitigation of wetlands - When authorization is required by federal or state law for...

Chapter 2 - Condemnation Procedures

§ 25.1-200. Chapter controls condemnation proceedings - Unless otherwise specifically provided by law, all proceedings for the...

§ 25.1-201. Jurisdiction of condemnation proceedings - Jurisdiction of proceedings to condemn property under this chapter shall...

§ 25.1-202. Nature of proceedings - Condemnation proceedings shall be conducted as actions at law. 1972,...

§ 25.1-203. Authority of certain condemnors to inspect property; reimbursement for damages; notice prior to entry - A. In connection with any project wherein the power of...

§ 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...

§ 25.1-205. Commencement of proceedings - A. Proceedings for condemnation shall be initiated by filing a...

§ 25.1-205.1. Mandatory dispute resolution orientation session - Following the filing of a petition initiating a condemnation proceeding,...

§ 25.1-206. Petition for condemnation - The petition for condemnation shall contain: 1. A caption wherein...

§ 25.1-207. Inclusion in petition of request for right of entry - The petition may also include (i) facts and circumstances on...

§ 25.1-208. Joinder of separate parcels - The same petition may join one or more separate pieces,...

§ 25.1-209. Notice of filing of petition - A. Upon the filing of a petition for condemnation, the...

§ 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...

§ 25.1-211. Form of notice by publication - A. The form of the notice by publication pursuant to...

§ 25.1-212. Personal service of notice on nonresident owner - Personal service of the notice of the filing of a...

§ 25.1-213. Filing an answer and grounds of defense; election of commissioners or jury - Within 21 days of the service thereof any such owner...

§ 25.1-214. Failure of owner to file answer and grounds of defense - A. The failure of any owner to file an answer...

§ 25.1-215. No notice required where owner is a person under a disability; appointment of guardian ad litem - If any owner is a person under a disability and...

§ 25.1-216. Amendments to pleadings - A. No amendments shall be made to the petition or...

§ 25.1-217. Substitution of party where owner becomes incapable of defending - A. If an owner becomes incapable of defending because of...

§ 25.1-218. Intervention in proceedings - Any person not already a party to the proceedings whose...

§ 25.1-219. Pretrial settlement conference; determination of preliminary issues; fixing date of trial on issue of just compensation - A. The owner or the petitioner in any condemnation proceeding...

§ 25.1-220. Who determines issue of just compensation - The issue of just compensation shall be determined by a...

§ 25.1-221. Consolidation of petitions for trial - Unless any party demands a separate hearing on the issue...

§ 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...

§ 25.1-223. Right to enter upon property - A. Unless otherwise provided by law, any petitioner may enter...

§ 25.1-224. Conditions upon entry; bonding; withdrawal of share by owner - A. The court, after 21 days following service of the...

§ 25.1-225. Abandonment of proceedings after entry upon property - If the petitioner enters upon the property under this section...

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

§ 25.1-227.1. Qualifications of commissioners - A. The provisions of this article shall apply in eminent...

§ 25.1-227.2. Empanelment of commissioners - A. The parties to the eminent domain proceeding may agree...

§ 25.1-228. Qualification of jurors - A. The provisions of this article shall apply in eminent...

§ 25.1-229. Selection of jurors - A. Except as otherwise provided in this section, the provisions...

§ 25.1-230. Measure of just compensation; oaths of members of body determining just compensation - A. The body determining just compensation shall ascertain (i) the...

§ 25.1-230.1. (See Editor's Note) Lost access and lost profits - A. For purposes of this section: "Business" shall have the...

§ 25.1-231. View of property - The court shall direct the body determining just compensation, in...

§ 25.1-232. Testimony on issues; report on just compensation - A. Upon completion of the view, the court shall hear...

§ 25.1-233. Confirmation of report; exceptions to report - A. The report of the body determining just compensation may...

§ 25.1-234. Participation by certain tenants in proceedings to determine just compensation - A. Any tenant under a lease with a term of...

§ 25.1-235. Compensation of commissioners or jurors - The commissioners or jurors summoned shall, for every day or...

§ 25.1-236. Contracts made part of report - If the petitioner and the person whose property is being...

§ 25.1-237. Payment of compensation and damages into court; vesting of title - Upon the return of the report of the body determining...

§ 25.1-238. Petitioner may begin work during pendency of proceedings; injunction prohibited - A. Upon the return of the report of the body...

§ 25.1-239. Finality of order confirming, altering or modifying report; appeal - A. The order confirming, altering or modifying the report of...

§ 25.1-240. Distribution of money paid into court - A. Upon the award being paid into court and the...

§ 25.1-241. Hearing on controversy among claimants to money paid into court - A. If it appears to the court that there exists...

§ 25.1-242. Appointment of other body to determine just compensation when new trial ordered; costs of new trial - A. If (i) the body determining just compensation fails to...

§ 25.1-243. Withdrawal pendente lite of money paid into court - A. At any time after payment into court of the...

§ 25.1-244. Interest on award; entry of judgment for award and interest - A. If the petitioner has exercised pendente lite the right...

§ 25.1-245. Repealed - Repealed by Acts 2020, c. 1244, cl. 2.

§ 25.1-245.1. Costs - A. Except as otherwise provided in this chapter, all costs...

§ 25.1-246. When sheriff to remove forcible resistance to entry - In any case in which the petitioner may be entitled...

§ 25.1-247. Recordation of orders, judgments and proceedings; costs - A. The clerk of the court shall make and certify...

§ 25.1-247.1. Distribution of funds to owner or owner's attorney - Notwithstanding any other provision of this chapter, upon any settlement...

§ 25.1-248. Dismissal of proceedings prior to trial on issue of just compensation - If a hearing has not begun in the trial of...

§ 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...

§ 25.1-250. Effect of failure of petitioner to pay award; expenses - If the petitioner fails to pay to the parties entitled...

§ 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...

Chapter 3 - Transferring Defeasible Title by Certificate

§ 25.1-300. Definitions - As used in this chapter, unless the context requires a...

§ 25.1-301. Applicability of chapter; purpose - A. The procedure established by this chapter shall be available...

§ 25.1-302. Protection of property - Authorized condemnors constructing improvements under the authority of this chapter...

§ 25.1-303. Effort to acquire property by purchase - An authorized condemnor shall comply with the applicable provisions of...

§ 25.1-304. Authority to take possession and title to property - In addition to any authority it has to exercise the...

§ 25.1-305. Authorized condemnor to make payment into court or file certificate of deposit before entering upon land - A. Before entering upon or taking possession of property, the...

§ 25.1-306. Notice of intent to file certificate - The authorized condemnor shall, between 30 and 45 days prior...

§ 25.1-307. Content of certificates; recordation of certificates - A. A certificate shall set forth the description of the...

§ 25.1-308. Effect of recordation of certificate; transfer of title or interest in property - A. Upon recordation of a certificate: 1. The interest or...

§ 25.1-309. Property situated in two or more localities - If the property affected by the certificate is situated in...

§ 25.1-310. Proceedings for distribution of funds - A. Any person shown by a certificate to be entitled...

§ 25.1-311. Effect of acceptance of payments; evidence as to amount of deposit or certificate - A. The acceptance of payment as provided in § 25.1-310...

§ 25.1-312. Reformation, alteration, revision, amendment, or invalidation of certificate - A. No reformation, alteration, revision, amendment, or invalidation shall be...

§ 25.1-313. Institution of condemnation proceedings - The authorized condemnor shall institute condemnation proceedings with respect to...

§ 25.1-314. Order confirming award; recordation - The final order of the court confirming an award of...

§ 25.1-315. Awards in greater amounts than deposit; interest - A. If the amount of an award in a condemnation...

§ 25.1-316. Awards in lesser amounts than deposit; interest - If the amount of an award in a condemnation proceeding...

§ 25.1-317. Agreements as to compensation; petition and order of court thereon; disposition of funds - A. At any time after the recordation of a certificate,...

§ 25.1-318. Petition by owner for determination of just compensation - A. The owner of property that an authorized condemnor has...

§ 25.1-319. Certificates of completion - Upon completion of construction of any public use project for...

Chapter 4 - Relocation Assistance and Real Property Acquisition Policies

§ 25.1-400. Definitions - As used in this chapter, unless the context requires a...

§ 25.1-401. Scope of chapter - A. The provisions of this chapter shall be applicable to...

§ 25.1-402. Rules and regulations - All state agencies are hereby authorized to promulgate such rules...

§ 25.1-403. Payments not considered income or resources - No payment received by a displaced person under this chapter...

§ 25.1-404. Administrative payments; construction - Nothing in this chapter shall be construed as creating in...

§ 25.1-405. Funds for implementing provisions of chapter - Funds appropriated or otherwise available to any state agency for...

§ 25.1-406. Moving and related expenses - Whenever the acquisition of real property for a program or...

§ 25.1-407. Optional moving expense allowance for persons displaced from dwelling - Any displaced person eligible for payments under § 25.1-406 who...

§ 25.1-408. Optional payment for persons displaced from a place of business or farm operation - Any displaced person eligible for payments under § 25.1-406 who...

§ 25.1-409. Replacement housing for homeowners - A. In addition to payments otherwise authorized by this chapter,...

§ 25.1-410. Replacement housing for tenants - A. In addition to amounts otherwise authorized by this article,...

§ 25.1-411. Relocation planning, assistance coordination, and advisory services - A. Programs or projects undertaken by a state agency shall...

§ 25.1-412. Administration of relocation assistance programs - In order to prevent unnecessary expense and duplication of functions,...

§ 25.1-413. Payments to certain persons displaced as the result of certain code enforcement activities - Notwithstanding any other provision of this article, the governing body...

§ 25.1-414. Authority of state agency where replacement housing not available; requiring person to move - A. If a program or project undertaken by a state...

§ 25.1-415. Adjustments to certain benefit limits - The monetary limits provided for in §§ 25.1-406, 25.1-408, 25.1-409,...

§ 25.1-416. Application of article - The provisions of this article shall apply for the benefit...

§ 25.1-417. General provisions for conduct of acquisition - A. If a state agency acquires real property in connection...

§ 25.1-417.1. Expired - Expired.

§ 25.1-418. Reimbursement of owner for certain expenses - Any state agency acquiring real property in connection with any...

§ 25.1-419. Reimbursement of owner for costs when taking is abandoned or denied - The court in which a condemnation proceeding is instituted by...

§ 25.1-420. Reimbursement of owner for costs incurred in inverse condemnation proceeding - If a declaratory judgment proceeding is instituted pursuant to §...

§ 25.1-421. Buildings, structures and other improvements on real property - A. To the greatest extent practicable, where an interest in...

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Code of Virginia Title 25.1 - Eminent Domain

Code of Virginia
Title 25.1 - Eminent Domain