Eminent Domain

Passed

P SB995

Eminent domain; copy of title report. 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.
Patron - Mims

P SB1007

Recodification of Title 25; eminent domain; condemnation. Recodifies Title 25 as Title 25.1. In accordance with § 30-152, the Virginia Code Commission, in 2002, undertook the recodification of Title 25. Title 25 establishes the general procedure pursuant to which authorized entities exercise the power to acquire property pursuant to the exercise of the power of eminent domain. Title 25 has not been recodified since the adoption of the Code of Virginia of 1950. The Virginia Code Commission has rewritten and combined sections or parts of sections to clarify provisions and to eliminate archaic, obsolete or redundant language. Additionally, certain substantive changes are made, many of which reflect current practices or eliminate inconsistencies between provisions. Title 25.1 consists of four chapters. Chapter 1 contains general provisions applicable to the entire title, including certain definitions. Chapter 2 sets forth the general eminent domain procedure. Chapter 3 establishes in this title a "quick-take" procedure, under which defeasible title vests in the condemnor upon the filing of a certificate or the deposit of funds with the court. This procedure is based on one in Title 33.1. Currently, several types of condemnors are authorized to use the process to be followed by the Commonwealth Transportation Commissioner, and the Code Commission concurred that a better course was to establish a separate provision in Title 25.1 to be followed by those entities that now can use such process. Chapter 4 sets out statutory provisions that generally comport with the federal Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1972. Existing Chapter 2 of Title 25, which deals with the acquisition of waterworks systems by local governments, is relocated to Title 15.2. Changes to the Commonwealth Transportation Commissioner's "quick-take" procedure incorporate clarifying and technical changes that are reflected in the parallel provision in proposed Chapter 3 of Title 25.1.
Patron - Mims

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