{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-1903.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-1903.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-1903.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-1903.html"}],"law_id":78741,"edition_id":1,"section_id":78741,"structure_id":15455,"section_number":"15.2-1903","catch_line":"Requirements for initiating condemnation; filing of ordinance or resolution with petition; voluntary conveyance","history":"1997, c. 587; 2006, c. 927.","full_text":"A\n\nCondemnation proceedings may be instituted when:1\n\nthe locality and owner cannot agree on the compensation to be paid or other terms of purchase or settlement;2\n\nthe owner is legally incapacitated;3\n\neither the owner or his whereabouts is unknown; or4\n\nthe owner is unable to convey valid title to the property.B\n\nPrior to initiating condemnation proceedings, the governing body shall, after a public hearing, adopt a resolution or ordinance approving the proposed public use and directing the acquisition of property for the public use by condemnation or other means. The resolution or ordinance shall state the use to which the property shall be put and the necessity therefor. Furthermore, other political subdivisions of the Commonwealth shall also be required to hold a public hearing prior to initiating condemnation proceedings.C\n\nWhen a petition for condemnation is filed by or on behalf of the locality, a true copy of the resolution or ordinance duly adopted by the governing body declaring the intended public use of the property, and the necessity therefor, may be filed with the petition, and when so filed constitutes sufficient evidence of such public use and necessity.D\n\nThe fact that no petition has been filed by a locality to condemn any interest conveyed by deed shall not by itself render such conveyance free from the threat of condemnation, nor shall such fact constitute sufficient proof of voluntary conveyance for the purposes of any taxing authority.","order_by":null,"text":{"0":{"id":282115,"text":"Condemnation proceedings may be instituted when:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":282116,"text":"the locality and owner cannot agree on the compensation to be paid or other terms of purchase or settlement;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":282117,"text":"the owner is legally incapacitated;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":282118,"text":"either the owner or his whereabouts is unknown; or","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":282119,"text":"the owner is unable to convey valid title to the property.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":282120,"text":"Prior to initiating condemnation proceedings, the governing body shall, after a public hearing, adopt a resolution or ordinance approving the proposed public use and directing the acquisition of property for the public use by condemnation or other means. The resolution or ordinance shall state the use to which the property shall be put and the necessity therefor. Furthermore, other political subdivisions of the Commonwealth shall also be required to hold a public hearing prior to initiating condemnation proceedings.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":282121,"text":"When a petition for condemnation is filed by or on behalf of the locality, a true copy of the resolution or ordinance duly adopted by the governing body declaring the intended public use of the property, and the necessity therefor, may be filed with the petition, and when so filed constitutes sufficient evidence of such public use and necessity.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":282122,"text":"The fact that no petition has been filed by a locality to condemn any interest conveyed by deed shall not by itself render such conveyance free from the threat of condemnation, nor shall such fact constitute sufficient proof of voluntary conveyance for the purposes of any taxing authority.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15455,"edition_id":1,"name":"Condemnation","identifier":"19","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:55:10","date_modified":"2026-06-26 03:55:10","permalink":{"id":154105,"object_type":"structure","relational_id":15455,"identifier":"19","token":"15.2\/II\/19","url":"\/15.2\/II\/19\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69088,"structure_id":15455,"section_number":"15.2-1900","catch_line":"Repealed","url":"\/15.2-1900\/","token":"15.2\/II\/19\/15.2-1900","metadata":false},{"id":80108,"structure_id":15455,"section_number":"15.2-1901","catch_line":"Condemnation authority","url":"\/15.2-1901\/","token":"15.2\/II\/19\/15.2-1901","metadata":false},{"id":58874,"structure_id":15455,"section_number":"15.2-1901.1","catch_line":"Condemnation by localities authorized","url":"\/15.2-1901.1\/","token":"15.2\/II\/19\/15.2-1901.1","metadata":false},{"id":59804,"structure_id":15455,"section_number":"15.2-1902","catch_line":"Condemnation proceedings generally","url":"\/15.2-1902\/","token":"15.2\/II\/19\/15.2-1902","metadata":false},{"id":78741,"structure_id":15455,"section_number":"15.2-1903","catch_line":"Requirements for initiating condemnation; filing of ordinance or resolution with petition; voluntary conveyance","url":"\/15.2-1903\/","token":"15.2\/II\/19\/15.2-1903","metadata":false},{"id":64664,"structure_id":15455,"section_number":"15.2-1904","catch_line":"Possession of property prior to condemnation; authority to utilize expedited acquisition procedure conferred","url":"\/15.2-1904\/","token":"15.2\/II\/19\/15.2-1904","metadata":false},{"id":81900,"structure_id":15455,"section_number":"15.2-1905","catch_line":"Special provisions for counties","url":"\/15.2-1905\/","token":"15.2\/II\/19\/15.2-1905","metadata":false},{"id":77592,"structure_id":15455,"section_number":"15.2-1906","catch_line":"Condemnation of existing water or sewage disposal systems","url":"\/15.2-1906\/","token":"15.2\/II\/19\/15.2-1906","metadata":false},{"id":69706,"structure_id":15455,"section_number":"15.2-1907","catch_line":"Condemnation for water supplies and water lines","url":"\/15.2-1907\/","token":"15.2\/II\/19\/15.2-1907","metadata":false},{"id":72161,"structure_id":15455,"section_number":"15.2-1907.1","catch_line":"Condemnation of lands for compensatory mitigation of wetlands","url":"\/15.2-1907.1\/","token":"15.2\/II\/19\/15.2-1907.1","metadata":false}],"previous_section":{"id":59804,"structure_id":15455,"section_number":"15.2-1902","catch_line":"Condemnation proceedings generally","url":"\/15.2-1902\/","token":"15.2\/II\/19\/15.2-1902","metadata":false},"next_section":{"id":64664,"structure_id":15455,"section_number":"15.2-1904","catch_line":"Possession of property prior to condemnation; authority to utilize expedited acquisition procedure conferred","url":"\/15.2-1904\/","token":"15.2\/II\/19\/15.2-1904","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-1903\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 587<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2006, chapter 927<\/a>.<\/p>","references":[{"id":81900,"section_number":"15.2-1905","catch_line":"Special provisions for counties","order_by":null,"url":"\/15.2-1905\/"},{"id":54632,"section_number":"15.2-5146","catch_line":"Use of state land","order_by":null,"url":"\/15.2-5146\/"}],"refers_to":false,"permalink":{"id":154123,"object_type":"law","relational_id":78741,"identifier":"15.2-1903","token":"15.2\/II\/19\/15.2-1903","url":"\/15.2-1903\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-1903\/","token":"15.2\/II\/19\/15.2-1903","dublin_core":{"Title":"Requirements for initiating condemnation; filing of ordinance or resolution with petition; voluntary conveyance","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-1903","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Condemnation proceedings may be instituted when: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> the locality<\/span> and owner cannot agree on the compensation to be paid or other terms of purchase or settlement<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> the owner is legally incapacitated; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> either the owner or his whereabouts is unknown; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> the owner is unable to convey valid title to the property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to initiating condemnation proceedings, the governing body<\/span> shall, after a public hearing<\/span>, adopt a resolution or ordinance<\/span> approving the proposed public use and directing the acquisition of property for the public use by condemnation or other means. The resolution or ordinance<\/span> shall state the use to which the property shall be put and the necessity therefor. Furthermore, other political subdivisions of the Commonwealth shall also be required to hold a public hearing<\/span> prior to initiating condemnation proceedings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When a petition<\/span> for condemnation is filed by or on behalf of the locality<\/span>, a true copy of the resolution or ordinance<\/span> duly adopted by the governing body<\/span> declaring the intended public use of the property, and the necessity therefor, may be filed with the petition<\/span>, and when so filed constitutes sufficient evidence<\/span> of such public use and necessity. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The fact<\/span> that no petition<\/span> has been filed by a locality<\/span> to condemn any interest conveyed by deed shall not by itself render such conveyance free from the threat of condemnation, nor shall such fact<\/span> constitute sufficient proof of voluntary conveyance for the purposes of any taxing authority. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREQUIREMENTS FOR INITIATING CONDEMNATION; FILING OF ORDINANCE OR RESOLUTION WITH\nPETITION; VOLUNTARY CONVEYANCE (\u00a7 15.2-1903)\n\nA. Condemnation proceedings may be instituted when:\n\n 1. the locality and owner cannot agree on the compensation to be paid or other\n terms of purchase or settlement;\n\n 2. the owner is legally incapacitated;\n\n 3. either the owner or his whereabouts is unknown; or\n\n 4. the owner is unable to convey valid title to the property.\n\nB. Prior to initiating condemnation proceedings, the governing body shall, after\na public hearing, adopt a resolution or ordinance approving the proposed public\nuse and directing the acquisition of property for the public use by condemnation\nor other means. The resolution or ordinance shall state the use to which the\nproperty shall be put and the necessity therefor. Furthermore, other political\nsubdivisions of the Commonwealth shall also be required to hold a public hearing\nprior to initiating condemnation proceedings.\n\nC. When a petition for condemnation is filed by or on behalf of the locality, a\ntrue copy of the resolution or ordinance duly adopted by the governing body\ndeclaring the intended public use of the property, and the necessity therefor,\nmay be filed with the petition, and when so filed constitutes sufficient\nevidence of such public use and necessity.\n\nD. The fact that no petition has been filed by a locality to condemn any\ninterest conveyed by deed shall not by itself render such conveyance free from\nthe threat of condemnation, nor shall such fact constitute sufficient proof of\nvoluntary conveyance for the purposes of any taxing authority.\n\nHISTORY: 1997, c. 587; 2006, c. 927.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}