SJR 271/HJR 491

Joint Subcommittee Studying Eminent Domain Issues

December 10, 1999, Richmond

At its second work session, the joint subcommittee completed the process of reviewing the issues raised during its year of study. The joint subcommittee asked staff to draft legislation, to be voted on at its next meeting, that will:

• Allow tenants who own billboards or similar improvements on leased land to be compensated for the fair market value, determined by comparable sales or other valuation approaches, of their improvements.

• Require the Virginia Department of Transportation (VDOT) to use licensed real estate appraisers in conducting its valuations for property acquisitions.

• Require 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.

• Require condemnors to provide copies of appraisals of the property with their offer to purchase.

• Prohibit a condemnor from re-filing condemnation proceedings within 18 months after it dismisses condemnation proceedings against the same owner over the same property.

• Extend the distance from a dwelling that land can be acquired for a right-of-way for a 765 kV transmission line from 60 to 100 feet.

• Prohibit the Commonwealth Transportation Board from acquiring any existing business within 300 feet of the exit point of the interstate system solely for the construction of controlled access.

The joint subcommittee requested the preparation of a resolution that would continue the study for another year and a resolution directing the finance and appropriations committees to examine whether land acquisitions should be transferred from VDOT to the Department of General Services and paid for from the general fund.

In addition, the joint subcommittee has asked for additional information regarding other states' use of mediation and arbitration in condemnation cases and compensation to owners of property whose value is diminished by the taking of adjacent or nearby property. The joint subcommittee members will also review a statement expressing the concerns relayed to them regarding citizens' frustrations with highway condemnations.

The joint subcommittee will hold its next meeting on January 10, 2000, in Richmond.

The Honorable Madison E. Marye, Chairman
Legislative Services contact: Franklin D. Munyan

THE RECORD