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| 2003 Legislation Enacted Impacts Title 25: Eminent Domain |
1. HB1946 Time Limits on Certificate of Take. Delegate Thelma Drake
Requires VDOT" to file condemnation within 180 days after recording a certificate to take the property,
unless an agreement with the property owner as to compensation for the taking of or damage to the
property has been reached. If the VDOT fails to institute proceedings within this 180 day period, the
owner may file a proceeding in circuit court.
2. HB 1949 Prohibition in changing value Delegate Thelma Drake.
Prohibits VDOT from offering evidence of the value of the property taken or damaged that
is less than the amount that was either previously deposited with the court or represented by
a certificate of deposit filed with the court, in a condemnation hearing.
3. HB 1950 Interest rate on VDOT obligations. Delegate Thelma Drake
Provides that interest on certain VDOT obligations to property owners acquired through
condemnation proceedings will accrue at the rate of interest established pursuant to §621
(a)(2) of the Internal Revenue Code.
4. Reimbursement of pro-rata taxes. Senator Martin Williams
Directs localities in condemnation proceedings to reimburse property owners, or others legally
obligated to pay the property taxes, for the pro rata portion of real estate taxes that have been paid for
the period of time prior to the date of title vesting in the locality or the effective date of possession,
whichever is earlier.
5. SB 995 Eminent domain; copy of title report. Senator William C. Mims
Requires any condemnor to provide to property owners a copy of the report of status of title prepared
in connection with the acquisition of property. The condemnor is required to conduct a title
examination of the property prior to making an offer to acquire it. If the Commonwealth Transportation
Commissioner is the condemnor, the owner is currently entitled to receive a copy of the title report.
Requires VDOT" to file condemnation within 180 days after recording a certificate to take the property,
unless an agreement with the property owner as to compensation for the taking of or damage to the
property has been reached. If the VDOT fails to institute proceedings within this 180 day period, the
owner may file a proceeding in circuit court.
2. HB 1949 Prohibition in changing value Delegate Thelma Drake.
Prohibits VDOT from offering evidence of the value of the property taken or damaged that
is less than the amount that was either previously deposited with the court or represented by
a certificate of deposit filed with the court, in a condemnation hearing.
3. HB 1950 Interest rate on VDOT obligations. Delegate Thelma Drake
Provides that interest on certain VDOT obligations to property owners acquired through
condemnation proceedings will accrue at the rate of interest established pursuant to §621
(a)(2) of the Internal Revenue Code.
4. Reimbursement of pro-rata taxes. Senator Martin Williams
Directs localities in condemnation proceedings to reimburse property owners, or others legally
obligated to pay the property taxes, for the pro rata portion of real estate taxes that have been paid for
the period of time prior to the date of title vesting in the locality or the effective date of possession,
whichever is earlier.
5. SB 995 Eminent domain; copy of title report. Senator William C. Mims
Requires any condemnor to provide to property owners a copy of the report of status of title prepared
in connection with the acquisition of property. The condemnor is required to conduct a title
examination of the property prior to making an offer to acquire it. If the Commonwealth Transportation
Commissioner is the condemnor, the owner is currently entitled to receive a copy of the title report.
| The Virginia Property Rights Coalition Dedicated to Reform of Virginia's Eminent Domain Law |
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