| 2000 Legislation Enacted Impacts Title 25: Eminent Domain |
Note: Recommendations of the Eminent Domain Study Committee***
SB 453 Eminent domain procedures*** Senator Madison Marye & Delegate Jim Shuler
One provision of this bill was a recommendation of the Eminent Domain Study Committee
1. Requires the condemning authority to provide property owners with a copy of the appraisal used to
determine the amount of their offer to purchase the property
2. Raises the limit for reimbursement for a survey when the property owner prevails in court from $100
to $1,000
3. Requires the condemning authority to conduct a title search of the property before making an offer to
purchase or filing a certificate to take the property. This is in order to avoid delay in compensation to
the property owner
4. Requires VDOT to provide the property owner with a copy of the title report
5. Requires VDOT to use licensed real estate appraisers in conducting their evaluation for property for
acquisition
6. Allows tenants whose lease term is 12 months or longer to intervene in eminent domain
proceedings
7. Allows persons whose property is taken or damaged through exercise of the power of eminent
domain to elect to have the amount of just compensation determined by either a panel of
commissioners or a jury
One provision of this bill was a recommendation of the Eminent Domain Study Committee
1. Requires the condemning authority to provide property owners with a copy of the appraisal used to
determine the amount of their offer to purchase the property
2. Raises the limit for reimbursement for a survey when the property owner prevails in court from $100
to $1,000
3. Requires the condemning authority to conduct a title search of the property before making an offer to
purchase or filing a certificate to take the property. This is in order to avoid delay in compensation to
the property owner
4. Requires VDOT to provide the property owner with a copy of the title report
5. Requires VDOT to use licensed real estate appraisers in conducting their evaluation for property for
acquisition
6. Allows tenants whose lease term is 12 months or longer to intervene in eminent domain
proceedings
7. Allows persons whose property is taken or damaged through exercise of the power of eminent
domain to elect to have the amount of just compensation determined by either a panel of
commissioners or a jury
SB 63, Uniform Relocation Assistance Act. *** Senator Madison Marye & Delegate Preston Bryant
Extends the provisions of the 1972 Federal Uniform Relocation Assistance Act to apply to any Virginia
agency or individual who has the right or has been extended the power to acquire private property by
eminent domain when carrying out projects that cause people to be displaced. The Act currently applies to
such entities only if the projects include federal or state financial assistance.
Requires, the condemning authority to:
8. Make relocation payments to displaced persons;
9. Make every reasonable effort to acquire property expeditiously by negotiation;
10. Do an appraisal of the property;
11. Offer to be for an amount not less than its appraised value
12. Give at least 90 days' written notice of the date by which the occupant is required to vacate the
condemned property
13. Offer to acquire the entire property if the acquisition of part of a property would leave its owner with an
uneconomic remnant.
14. Raises the $10,000 cap on payments for business relocation expenses to $25,000 for the property
owner's reasonable expenses incurred in reestablishing the business or farm at its new site
15. Raises existing cap on payments for the dislocation of a business or farm, in lieu of actual relocation
expenses from $20,000 to $50,000.
16. An appraisal is not required for property acquired by a locality, public service corporation or municipal
corporation if the assessment is less than $10,000.
Extends the provisions of the 1972 Federal Uniform Relocation Assistance Act to apply to any Virginia
agency or individual who has the right or has been extended the power to acquire private property by
eminent domain when carrying out projects that cause people to be displaced. The Act currently applies to
such entities only if the projects include federal or state financial assistance.
Requires, the condemning authority to:
8. Make relocation payments to displaced persons;
9. Make every reasonable effort to acquire property expeditiously by negotiation;
10. Do an appraisal of the property;
11. Offer to be for an amount not less than its appraised value
12. Give at least 90 days' written notice of the date by which the occupant is required to vacate the
condemned property
13. Offer to acquire the entire property if the acquisition of part of a property would leave its owner with an
uneconomic remnant.
14. Raises the $10,000 cap on payments for business relocation expenses to $25,000 for the property
owner's reasonable expenses incurred in reestablishing the business or farm at its new site
15. Raises existing cap on payments for the dislocation of a business or farm, in lieu of actual relocation
expenses from $20,000 to $50,000.
16. An appraisal is not required for property acquired by a locality, public service corporation or municipal
corporation if the assessment is less than $10,000.
SB 452 & HB1123 Transportation Commissioner; eminent domain*** Senator Madison Marye and
Delegate Preston Bryant
17. Requires VDOT to notify the owner of a building, structure or other improvement, if they intend to
condemn property in a manner that would result in the taking of the structure or improvement. This
allows the owner of such improvements to present evidence of the value in the condemnation
valuation proceedings.
18. Defines "fair market value" as the price that the real property would bring if it were offered for sale by
one who wanted to sell, but was under no necessity, and was bought by one who wanted to buy, but
was under no necessity;
Delegate Preston Bryant
17. Requires VDOT to notify the owner of a building, structure or other improvement, if they intend to
condemn property in a manner that would result in the taking of the structure or improvement. This
allows the owner of such improvements to present evidence of the value in the condemnation
valuation proceedings.
18. Defines "fair market value" as the price that the real property would bring if it were offered for sale by
one who wanted to sell, but was under no necessity, and was bought by one who wanted to buy, but
was under no necessity;
SB 110 Transportation Commissioner; eminent domain*** Senator Madison Marye & Delegate
Preston Bryant
19. Prohibits VDOT from using eminent domain to acquire any portion of an existing commercial
establishment, if a purpose of the acquisition is to control or limit access to commercial
establishments located within 300 feet of an interstate highway.
Preston Bryant
19. Prohibits VDOT from using eminent domain to acquire any portion of an existing commercial
establishment, if a purpose of the acquisition is to control or limit access to commercial
establishments located within 300 feet of an interstate highway.
*** A Recommendation of the Eminent Domain Study Committee
| The Virginia Property Rights Coalition Dedicated to Reform of Virginia's Eminent Domain Law |
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