 | |  | |  | |  | |  | |  | |  |
| 2004 Legislation Enacted Impacts Title 25: Eminent Domain Localities & VDOT |
| Governing Localities |
HB 820, Condemnation of lands within conservation/redevelopment plans Delegate Thelma Drake
1. Establishes date of property valuation at the date of adoption of the onservation/redevelopment
plan, if a locality initiates condemnation proceedings against a property owner located within an
already adopted conservation or redevelopment plan and any of the property is then down zoned by
the locality without the consent of the property owner.
2. Establishes the date of property valuation at the day before the property was down zoned if the
condemnation is against the same owner who owned the property at the time of the down zoning, the
down zoning occurred without consent of the property owner, and the locality initiated condemnation
proceedings within five years after the adoption of a conservation/redevelopment plan that was not
part of a comprehensive rezoning plan.
HB 834, Owner of condemned property to receive payment before vacating Delegate Thelma Drake
3. Bars VDOT from forcing an owner of improved owner occupied property to relocate until the owner is
allowed to withdraw funds in the amount represented by the certificate of take filed with the Court.
Should the owner refuse to withdraw the funds or if the Commissioner believes the owner does not
possess clear title, that ownership is disputed, or that certain owners cannot be located, the
Commissioner may petition the Court to establish these facts and request authority to force
relocation.
4. HB 835, remedies of certain landowners whose property is condemned. Delegate Thelma Drake
Requires the VDOT to institute condemnation proceedings, including appointing commissioners or a
jury to determine the amount of compensation to be paid for the property and any damages done to
the property within a period of 180 days from the date the property is taken by condemnation. Prior to
enactment of this bill property owners having their land taken by VDOT could be in limbo for a full year.
1. Establishes date of property valuation at the date of adoption of the onservation/redevelopment
plan, if a locality initiates condemnation proceedings against a property owner located within an
already adopted conservation or redevelopment plan and any of the property is then down zoned by
the locality without the consent of the property owner.
2. Establishes the date of property valuation at the day before the property was down zoned if the
condemnation is against the same owner who owned the property at the time of the down zoning, the
down zoning occurred without consent of the property owner, and the locality initiated condemnation
proceedings within five years after the adoption of a conservation/redevelopment plan that was not
part of a comprehensive rezoning plan.
HB 834, Owner of condemned property to receive payment before vacating Delegate Thelma Drake
3. Bars VDOT from forcing an owner of improved owner occupied property to relocate until the owner is
allowed to withdraw funds in the amount represented by the certificate of take filed with the Court.
Should the owner refuse to withdraw the funds or if the Commissioner believes the owner does not
possess clear title, that ownership is disputed, or that certain owners cannot be located, the
Commissioner may petition the Court to establish these facts and request authority to force
relocation.
4. HB 835, remedies of certain landowners whose property is condemned. Delegate Thelma Drake
Requires the VDOT to institute condemnation proceedings, including appointing commissioners or a
jury to determine the amount of compensation to be paid for the property and any damages done to
the property within a period of 180 days from the date the property is taken by condemnation. Prior to
enactment of this bill property owners having their land taken by VDOT could be in limbo for a full year.
| The Virginia Property Rights Coalition Dedicated to Reform of Virginia's Eminent Domain Law |
| Web Master Click here to report issues involving the site |
| Governing VDOT |