Eminent Domain

Carried Over

C HB826

Acquisition of property by Commonwealth; strengthening "Landowner's Bill of Rights." Provides, with respect to acquisition of property by the Commonwealth, that (i) the fair rental property to a short-term occupier is less than that for a long-term occupier; (ii) the state agency seeking to obtain the property shall not introduce a lower appraisal at trial than it initially offers the owner; (iii) any owner whose property is taken pursuant to eminent domain and who recovers at trial more than 15 percent above the value of the condemning authority's initial offer shall receive all reasonable costs and experts' fees, excluding attorneys' fees; (iv) condemnation cases are given priority on the civil docket and (v) after depositing funds into court pursuant to § 33.1-120 or § 25.1-305 and after depositing funds into court after the award of just compensation in a condemnation trial, the condemnor shall prepare an order permitting the owner to withdraw such funds and shall perform all work necessary to prepare and provide such order. This last provision is binding on all condemnors regardless of the statutory authority under which a condemnor proceeds. The bill also strikes the references to "real" preceding the term "property" and eliminates the statement that the statute creates no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation.
Patron - Drake

C SB301

Eminent domain. Requires that property be put to the public use for which it was condemned within 10 years and that if it is not, it will be offered for sale to the person who owned it at the time of condemnation before being publicly auctioned. There are exceptions for property acquired by the Commonwealth Transportation Commissioner and for situations where the failure to put the property to public use is for reasons beyond the reasonable control of the condemnor.
Patron - O'Brien

CONTENTS | < PREVIOUS | NEXT > | BILL INDEX

General Assembly>Division of Legislative Services>Publications>Session Summaries>2004>Eminent Domain

E-mail Webmaster