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Eminent Domain

P Passed

P SB1172

Eminent domain; appraisals. Adds state agencies (as defined in § 25-238) to the list of condemning authorities not required to conduct an appraisal of property to be condemned if the value of such property is less than $10,000, based on objective evidence. This bill is a recommendation of the Joint Subcommittee Studying Eminent Domain Issues.
Patron - Marye

F Failed

F HB2826

Condemnation of wetlands. Prohibits state government from compensating for the loss of wetlands by acquiring by condemnation wetlands that are located outside the U.S.G.S. hydrologic unit in which the wetlands loss occurs.
Patron - Pollard

F SB1123

Eminent domain; litigation expenses. Entitles a condemnee to payment of reasonable fees for attorneys, appraisers, and other experts incurred in condemnation litigation if the amount of compensation awarded exceeds the condemnor's highest written offer. The amount of the litigation expenses to be awarded is up to one-third of the amount by which the compensation awarded exceeds the condemnor's highest written offer.
Patron - Edwards

F SB1171

Eminent domain; litigation expenses. Authorizes a court, in its discretion, to award reasonable fees for attorneys, appraisers, and other experts incurred in condemnation litigation if the amount of compensation awarded exceeds the condemnor's highest written offer by 15 percent or more. In determining the amount of such fees to be awarded, the court is to consider, among such other factors as it deems relevant, the benefit provided to the condemnee by any of the professional or expert witnesses for whom the litigation expenses were incurred. In determining whether to make an award, the court may consider (i) the extent that the condemnee engaged in conduct that unduly and unreasonably protracted the final resolution of the action; (ii) whether the position of the condemnor was substantially justified; and (iii) whether special circumstances make the award of litigation expenses unjust. This bill was recommended by the Joint Subcommittee Studying Eminent Domain Issues.
Patron - Marye

F SB1173

Eminent Domain. Requires condemnors to pay for the reasonable cost of a licensed appraisal conducted for the condemnee in all takings, regardless of whether the condemnation results in litigation. This bill was recommended by the Joint Subcommittee Studying Eminent Domain Issues.
Patron - Marye

F SB1175

Mandatory mediation in eminent domain proceedings. Provides that in an eminent domain proceeding, if any party requests mediation, the petitioner and the parties shall be referred by the court to a dispute resolution evaluation session prior to the trial to determine just compensation. This bill refers the parties to the dispute resolution system already contained in the civil procedure section of the Code of Virginia (§ 8.01-576.4 et seq.). The Joint Subcommittee Studying Eminent Domain Issues recommended this bill.
Patron - Marye

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