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| 2005 Legislation Enacted Impacts Title 25: Eminent Domain |
HB 1821, Eminent domain; acquisition of property Delegate Terri Suit
1. Requires the condemnor to make a bonafied but ineffective offer prior to beginning condemnation
proceedings and for the initial amount to be for no less than the agency's approved appraisal of fair
market value of the property.
2 Requires the condemnor to have deposited the agreed purchase price in court before the owner can
be required to surrender possession.
3. Requires the condemnor and the property owner to disregard any decrease or increase fair market
value caused by the proposed public improvement, or by the likelihood the property will be acquired, or
due to anything other than physical deterioration within the reasonable control of the owner in
determining the amount of "just compensation" for the property.
4. Requires the condemnor to provide the property owner, with a written statement and summary of the
basis for the amount established as just compensation, together with a copy of the appraisal of the
fair market value upon which the condemnor based the offer. Where appropriate, the amount of just
compensation for damages to remaining property will be separately stated.
5. Gives the judge discretion to require the condemnor to reimburse the property owner's reasonable
appraisal and engineering fees, as well as reasonable fees and travel costs for up to three expert
witnesses, testifying at trial, if the owner is awarded compensation that is 30 percent or more greater
than the amount of the condemnor's written offer. This does not apply to VDOT or to cases involving
easements valued at less than $10,000.
1. Requires the condemnor to make a bonafied but ineffective offer prior to beginning condemnation
proceedings and for the initial amount to be for no less than the agency's approved appraisal of fair
market value of the property.
2 Requires the condemnor to have deposited the agreed purchase price in court before the owner can
be required to surrender possession.
3. Requires the condemnor and the property owner to disregard any decrease or increase fair market
value caused by the proposed public improvement, or by the likelihood the property will be acquired, or
due to anything other than physical deterioration within the reasonable control of the owner in
determining the amount of "just compensation" for the property.
4. Requires the condemnor to provide the property owner, with a written statement and summary of the
basis for the amount established as just compensation, together with a copy of the appraisal of the
fair market value upon which the condemnor based the offer. Where appropriate, the amount of just
compensation for damages to remaining property will be separately stated.
5. Gives the judge discretion to require the condemnor to reimburse the property owner's reasonable
appraisal and engineering fees, as well as reasonable fees and travel costs for up to three expert
witnesses, testifying at trial, if the owner is awarded compensation that is 30 percent or more greater
than the amount of the condemnor's written offer. This does not apply to VDOT or to cases involving
easements valued at less than $10,000.
HB 1820, Eminent domain; right of entry to inspect Delegate Terri Suit
6. Requires the condemnor "to request permission" to enter property being examined for eminent
domain acquisition; by certified letter, by guaranteed overnight courier, or other means that provide
a signed receipt as proof of delivery. The condemnor must also post notice of their intent on the
entry way of the building or business and include the specific date or dates the inspection is
proposed to be made; the name of the entity that will be entering the property; the purpose for the
entry; and the reason for testing, appraisals, or other examinations to be performed. The notice
shall be made not less than 15 days prior to date of intended entry.
7. Requires the condemnor to reimburse the property owner for any damages resulting from entry. If
a dispute arises over the amount of damages that results in a court challenge, the court shall
award the owner his reasonable attorneys' fees, court costs, and fees for up to three expert
witnesses; if the court finds that the condemnor maliciously, willfully, or recklessly damaged the
owner's property; or the court awards the owner damages 30 percent, or more, above the
condmenor's final written offer.
6. Requires the condemnor "to request permission" to enter property being examined for eminent
domain acquisition; by certified letter, by guaranteed overnight courier, or other means that provide
a signed receipt as proof of delivery. The condemnor must also post notice of their intent on the
entry way of the building or business and include the specific date or dates the inspection is
proposed to be made; the name of the entity that will be entering the property; the purpose for the
entry; and the reason for testing, appraisals, or other examinations to be performed. The notice
shall be made not less than 15 days prior to date of intended entry.
7. Requires the condemnor to reimburse the property owner for any damages resulting from entry. If
a dispute arises over the amount of damages that results in a court challenge, the court shall
award the owner his reasonable attorneys' fees, court costs, and fees for up to three expert
witnesses; if the court finds that the condemnor maliciously, willfully, or recklessly damaged the
owner's property; or the court awards the owner damages 30 percent, or more, above the
condmenor's final written offer.
SB 301, Eminent domain; condemned property be put to use within 15 years Senator Jay O'Brian
8. Requires the condemnor to offer to sell the property back to the former owner at the original price
plus six percent annual interest, including price adjustments for any improvements made, if the
property acquired by eminent domain is declared surplus within 15 years of the condemnor taking
title.
8. Requires the condemnor to offer to sell the property back to the former owner at the original price
plus six percent annual interest, including price adjustments for any improvements made, if the
property acquired by eminent domain is declared surplus within 15 years of the condemnor taking
title.
| The Virginia Property Rights Coalition Dedicated to Reform of Virginia's Eminent Domain Law |
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