{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-107.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-107.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-107.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-107.html"}],"law_id":75313,"edition_id":1,"section_id":75313,"structure_id":13653,"section_number":"25.1-107","catch_line":"Condemnation of lands within adopted conservation or redevelopment plans","history":"2004, c. 540.","full_text":"A\n\nAfter the adoption of a conservation or redevelopment plan pursuant to Article 7 (§ 36-48 et seq.) of Chapter 1 of Title 36, should any property located within the area of the conservation or redevelopment plan be downzoned without the expressed consent of the property owner and should the locality initiate condemnation proceedings against that owner after any such downzoning, the date of valuation shall be the date of adoption of the conservation or redevelopment plan. However, if the owner of the property on the date of the downzoning no longer owns the property on the date condemnation proceedings are initiated, then the date of valuation shall be the date of the filing of the petition for a condemnation or a certificate pursuant to Chapter 3 of this title, as the case may be.B\n\nIf property located within a conservation or redevelopment plan adopted pursuant to Article 7 (§ 36-48 et seq.) of Chapter 1 of Title 36 was downzoned without the expressed consent of the property owner within a period of five years prior to the adoption of the conservation or redevelopment plan and if such downzoning was not part of a comprehensive rezoning of the locality, then, if the locality should initiate condemnation proceedings within five years after the adoption of the conservation or redevelopment plan against the same owner who owned the property at the time of the downzoning, the date of valuation shall be the day before the date the property was downzoned. However, if the owner of the property on the date condemnation proceedings are initiated is not the same owner on the date the property is downzoned, then the date of valuation shall be the date of the filing of a petition for condemnation or a certificate pursuant to Chapter 3 (§ 25.1-300 et seq.) of this title, as the case may be.C\n\nWhere the date of valuation in condemnation proceedings governed by this section predates the date of any downzoning action, the locality may introduce into evidence before the body determining just compensation the estimated difference between the amount of real estate taxes that the owner would have paid had the downzoning not occurred and the amount of real estate taxes assessed against the property since the date of the downzoning and the body determining just compensation may offset the award by that amount.","order_by":null,"text":{"0":{"id":270383,"text":"After the adoption of a conservation or redevelopment plan pursuant to Article 7 (§ 36-48 et seq.) of Chapter 1 of Title 36, should any property located within the area of the conservation or redevelopment plan be downzoned without the expressed consent of the property owner and should the locality initiate condemnation proceedings against that owner after any such downzoning, the date of valuation shall be the date of adoption of the conservation or redevelopment plan. However, if the owner of the property on the date of the downzoning no longer owns the property on the date condemnation proceedings are initiated, then the date of valuation shall be the date of the filing of the petition for a condemnation or a certificate pursuant to Chapter 3 of this title, as the case may be.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":270384,"text":"If property located within a conservation or redevelopment plan adopted pursuant to Article 7 (§ 36-48 et seq.) of Chapter 1 of Title 36 was downzoned without the expressed consent of the property owner within a period of five years prior to the adoption of the conservation or redevelopment plan and if such downzoning was not part of a comprehensive rezoning of the locality, then, if the locality should initiate condemnation proceedings within five years after the adoption of the conservation or redevelopment plan against the same owner who owned the property at the time of the downzoning, the date of valuation shall be the day before the date the property was downzoned. However, if the owner of the property on the date condemnation proceedings are initiated is not the same owner on the date the property is downzoned, then the date of valuation shall be the date of the filing of a petition for condemnation or a certificate pursuant to Chapter 3 (§ 25.1-300 et seq.) of this title, as the case may be.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":270385,"text":"Where the date of valuation in condemnation proceedings governed by this section predates the date of any downzoning action, the locality may introduce into evidence before the body determining just compensation the estimated difference between the amount of real estate taxes that the owner would have paid had the downzoning not occurred and the amount of real estate taxes assessed against the property since the date of the downzoning and the body determining just compensation may offset the award by that amount.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13653,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":13196,"metadata":{},"date_created":"2026-06-26 03:45:29","date_modified":"2026-06-26 03:45:29","permalink":{"id":189495,"object_type":"structure","relational_id":13653,"identifier":"1","token":"25.1\/1","url":"\/25.1\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13196,"edition_id":1,"name":"Eminent Domain","identifier":"25.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":189493,"object_type":"structure","relational_id":13196,"identifier":"25.1","token":"25.1","url":"\/25.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60011,"structure_id":13653,"section_number":"25.1-100","catch_line":"Definitions","url":"\/25.1-100\/","token":"25.1\/1\/25.1-100","metadata":false},{"id":77181,"structure_id":13653,"section_number":"25.1-101","catch_line":"Condemnation by state institutions","url":"\/25.1-101\/","token":"25.1\/1\/25.1-101","metadata":false},{"id":56240,"structure_id":13653,"section_number":"25.1-102","catch_line":"Condemnation of property of corporations possessing power of eminent domain","url":"\/25.1-102\/","token":"25.1\/1\/25.1-102","metadata":false},{"id":69672,"structure_id":13653,"section_number":"25.1-103","catch_line":"Condemnation of lands of state institutions","url":"\/25.1-103\/","token":"25.1\/1\/25.1-103","metadata":false},{"id":54627,"structure_id":13653,"section_number":"25.1-104","catch_line":"Condemnation of lands of private educational institutions for highway purposes","url":"\/25.1-104\/","token":"25.1\/1\/25.1-104","metadata":false},{"id":73038,"structure_id":13653,"section_number":"25.1-105","catch_line":"Condemnation of cemeteries","url":"\/25.1-105\/","token":"25.1\/1\/25.1-105","metadata":false},{"id":82682,"structure_id":13653,"section_number":"25.1-106","catch_line":"Condemnation of lands within agricultural and forestal districts","url":"\/25.1-106\/","token":"25.1\/1\/25.1-106","metadata":false},{"id":75313,"structure_id":13653,"section_number":"25.1-107","catch_line":"Condemnation of lands within adopted conservation or redevelopment plans","url":"\/25.1-107\/","token":"25.1\/1\/25.1-107","metadata":false},{"id":86082,"structure_id":13653,"section_number":"25.1-108","catch_line":"Offer to sell to former owner","url":"\/25.1-108\/","token":"25.1\/1\/25.1-108","metadata":false},{"id":82927,"structure_id":13653,"section_number":"25.1-109","catch_line":"Condemnation of lands for compensatory mitigation of wetlands","url":"\/25.1-109\/","token":"25.1\/1\/25.1-109","metadata":false}],"previous_section":{"id":82682,"structure_id":13653,"section_number":"25.1-106","catch_line":"Condemnation of lands within agricultural and forestal districts","url":"\/25.1-106\/","token":"25.1\/1\/25.1-106","metadata":false},"next_section":{"id":86082,"structure_id":13653,"section_number":"25.1-108","catch_line":"Offer to sell to former owner","url":"\/25.1-108\/","token":"25.1\/1\/25.1-108","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-107\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapter 540<\/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.<\/p>","references":false,"refers_to":[{"id":83870,"section_number":"25.1-300","catch_line":"Definitions","order_by":null,"url":"\/25.1-300\/"},{"id":83284,"section_number":"36-48","catch_line":"Creation of Redevelopment Areas","order_by":null,"url":"\/36-48\/"}],"permalink":{"id":189525,"object_type":"law","relational_id":75313,"identifier":"25.1-107","token":"25.1\/1\/25.1-107","url":"\/25.1-107\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-107\/","token":"25.1\/1\/25.1-107","dublin_core":{"Title":"Condemnation of lands within adopted conservation or redevelopment plans","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-107","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> After the adoption of a conservation or redevelopment plan pursuant to Article 7 (§ 36-48<\/a> et seq.) of Chapter 1 of Title 36, should any property<\/span> located within the area of the conservation or redevelopment plan be downzoned without the expressed consent of the property<\/span> owner<\/span> and should the locality<\/span> initiate condemnation proceedings against that owner<\/span> after any such downzoning, the date of valuation<\/span> shall be the date of adoption of the conservation or redevelopment plan. However, if the owner<\/span> of the property<\/span> on the date of the downzoning no longer owns the property<\/span> on the date condemnation proceedings are initiated, then the date of valuation<\/span> shall be the date of the filing of the petition<\/span> for a condemnation or a certificate pursuant to Chapter 3 of this title, as the case may be. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If property<\/span> located within a conservation or redevelopment plan adopted pursuant to Article 7 (§ 36-48<\/a> et seq.) of Chapter 1 of Title 36 was downzoned without the expressed consent of the property<\/span> owner<\/span> within a period of five years prior to the adoption of the conservation or redevelopment plan and if such downzoning was not part of a comprehensive rezoning of the locality<\/span>, then, if the locality<\/span> should initiate condemnation proceedings within five years after the adoption of the conservation or redevelopment plan against the same owner<\/span> who owned the property<\/span> at the time of the downzoning, the date of valuation<\/span> shall be the day before the date the property<\/span> was downzoned. However, if the owner<\/span> of the property<\/span> on the date condemnation proceedings are initiated is not the same owner<\/span> on the date the property<\/span> is downzoned, then the date of valuation<\/span> shall be the date of the filing of a petition<\/span> for condemnation or a certificate pursuant to Chapter 3 (§ 25.1-300<\/a> et seq.) of this title, as the case may be. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Where the date of valuation<\/span> in condemnation proceedings governed by this section predates the date of any downzoning action, the locality<\/span> may introduce into evidence<\/span> before the body determining just compensation<\/span> the estimated difference between the amount of real estate taxes that the owner<\/span> would have paid had the downzoning not occurred and the amount of real estate taxes assessed against the property<\/span> since the date of the downzoning and the body determining just compensation<\/span> may offset the award by that amount. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONDEMNATION OF LANDS WITHIN ADOPTED CONSERVATION OR REDEVELOPMENT PLANS (\u00a7\n25.1-107)\n\nA. After the adoption of a conservation or redevelopment plan pursuant to\nArticle 7 (§ 36-48 et seq.) of Chapter 1 of Title 36, should any property\nlocated within the area of the conservation or redevelopment plan be downzoned\nwithout the expressed consent of the property owner and should the locality\ninitiate condemnation proceedings against that owner after any such downzoning,\nthe date of valuation shall be the date of adoption of the conservation or\nredevelopment plan. However, if the owner of the property on the date of the\ndownzoning no longer owns the property on the date condemnation proceedings are\ninitiated, then the date of valuation shall be the date of the filing of the\npetition for a condemnation or a certificate pursuant to Chapter 3 of this\ntitle, as the case may be.\n\nB. If property located within a conservation or redevelopment plan adopted\npursuant to Article 7 (§ 36-48 et seq.) of Chapter 1 of Title 36 was\ndownzoned without the expressed consent of the property owner within a period of\nfive years prior to the adoption of the conservation or redevelopment plan and\nif such downzoning was not part of a comprehensive rezoning of the locality,\nthen, if the locality should initiate condemnation proceedings within five years\nafter the adoption of the conservation or redevelopment plan against the same\nowner who owned the property at the time of the downzoning, the date of\nvaluation shall be the day before the date the property was downzoned. However,\nif the owner of the property on the date condemnation proceedings are initiated\nis not the same owner on the date the property is downzoned, then the date of\nvaluation shall be the date of the filing of a petition for condemnation or a\ncertificate pursuant to Chapter 3 (§ 25.1-300 et seq.) of this title, as\nthe case may be.\n\nC. Where the date of valuation in condemnation proceedings governed by this\nsection predates the date of any downzoning action, the locality may introduce\ninto evidence before the body determining just compensation the estimated\ndifference between the amount of real estate taxes that the owner would have\npaid had the downzoning not occurred and the amount of real estate taxes\nassessed against the property since the date of the downzoning and the body\ndetermining just compensation may offset the award by that amount.\n\nHISTORY: 2004, c. 540.","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}}