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Eminent Domain

Passed

P HB843

Eminent domain; condemnation generally; pretrial settlement conferences. Requires pretrial, nonbinding mediation before a neutral third party when requested by either a condemning authority or a property owner whose property is being acquired by such authority. This is a recommendation of the Virginia Housing Study Commission.
Patron - Drake

P HB844

Eminent domain. Repeals the July 1, 2002, sunset for certain provisions regarding eminent domain procedures that were enacted in the 2000 Session. The procedures that were scheduled to expire on July 1, 2002: (i) give property owners the option of having compensation awards determined by a jury; (ii) require a condemnor to provide a copy of its appraisal of the property with its offer to purchase the condemnee's property; (iii) increase the maximum compensation for a survey conducted by the condemnee from $100 to $1,000; (iv) require condemnors to conduct a title search of the property before making an offer to purchase or filing a certificate of take, in order to avoid delays in payments to condemnees; (v) require VDOT to use licensed real estate appraisers in conducting its valuations for property acquisitions; and (vi) allow tenants with a lease of 12 months or longer to intervene in eminent domain proceedings involving their leased property. This bill is identical to SB 107.
Patron - Drake

P HB918

Owners of fee interest, buildings and improvements. Adds the definition of "owner" to several Code sections that deal with eminent domain.
Patron - Griffith

P SB107

Eminent domain. Repeals the July 1, 2002, sunset for certain provisions regarding eminent domain procedures that were enacted in the 2000 Session. The procedures that were scheduled to expire on July 1, 2002: (i) give property owners the option of having compensation awards determined by a jury; (ii) require a condemnor to provide a copy of its appraisal of the property with its offer to purchase the condemnee's property; (iii) increase the maximum compensation for a survey conducted by the condemnee from $100 to $1,000; (iv) require condemnors to conduct a title search of the property before making an offer to purchase or filing a certificate of take, in order to avoid delays in payments to condemnees; (v) require VDOT to use licensed real estate appraisers in conducting its valuations for property acquisitions; and (vi) allow tenants with a lease of 12 months or longer to intervene in eminent domain proceedings involving their leased property. This bill is identical to HB 844.
Patron - Marye

Failed

F HB982

Condemnation of wetlands. Requires the Commonwealth to exhaust all reasonable mitigation options within the same cataloging unit, as defined by the U.S.G.S. Hydrologic Unit Map of the United States, in which the wetlands loss occurs, or if those efforts prove ineffectual, then within the immediately adjacent cataloging unit or units located in the same river watershed as the impacted wetlands before it can acquire compensatory wetlands by condemnation.
Patron - Pollard

Carried Over

C HB291

Eminent domain; compensation for loss of goodwill and lost profits. Entitles the owner of business property that is taken by eminent domain to be compensated for goodwill and for lost profits. Goodwill consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill, or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage. To be compensable, the lost profits must be from an established business with a proven earning capacity, and the owner must produce sufficient evidence to permit the trier of fact to estimate the lost profits with reasonable certainty.
Patron - McDonnell

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