{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-204.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-204.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-204.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-204.html"}],"law_id":64662,"edition_id":1,"section_id":64662,"structure_id":15977,"section_number":"25.1-204","catch_line":"Effort to purchase required; prerequisite to effort to purchase or filing certificate","history":"Code 1919, \u00a7 4363; Code 1950, \u00a7 25-7; 1962, c. 426, \u00a7 25-46.5; 1998, c. 556; 2000, c. 1029; 2003, cc. 627, 940; 2005, c. 878; 2011, cc. 117, 190; 2013, c. 764; 2020, c. 793; 2022, c. 735; 2025, cc. 125, 617.","full_text":"A\n\nA condemnor shall not institute proceedings to condemn property until a bona fide but ineffectual effort to purchase from the owner the property sought to be condemned has been made. However, such effort shall not be required if the consent cannot be obtained because one or more of the owners (i) is a person under a disability or is otherwise unable to convey legal title to such property, (ii) is unknown, or (iii) cannot with reasonable diligence be found within this Commonwealth.B\n\nSuch bona fide effort shall include delivery of, or attempt to deliver, a written offer to acquire accompanied by a written statement to the owner that explains the factual basis for the condemnor’s offer. The written statement shall include a description of the public use for which it is necessary to acquire the owner’s property and shall contain a certification that the acquisition has been reviewed by the condemnor for purposes of complying with § 1-219.1. The written offer shall be made upon the state agency’s letterhead and shall be signed by an authorized employee of such state agency.C\n\nIf the condemnor obtains an appraisal of the property pursuant to the provisions of § 25.1-417, such written statement shall include a complete copy of the appraisal of the property upon which such offer is based. If the condemnor obtains more than one appraisal, such written statement shall include a copy of all appraisals obtained prior to making an offer to acquire or initiating negotiations for the real property.D\n\nNotwithstanding any provision of law to the contrary, a condemnor, prior to making an offer to acquire a permanent interest in property by purchase or filing a certificate of take or certificate of deposit pursuant to Chapter 3 (§ 25.1-300 et seq.) or § 33.2-1019, shall (i) conduct or cause to be conducted an examination of title to the property in order to ascertain the identity of each owner of such property and to determine the nature and extent of such owner’s interests in the property, which examination of title shall be for at least 60 years and shall be documented in a report showing all matters that affect the current ownership, existing liens, encumbrances, and other matters affecting title as of the date of the title report; (ii) provide to such owner or owners a copy of the title report; and (iii) provide to such owner or owners a copy of all recorded instruments identified in the title report.E\n\nA state agency’s acquisition of real property in connection with any programs or projects pursuant to this title or Title 33.2 shall be conducted in accordance with the following provisions:1\n\nBefore making an offer to acquire or initiating any related negotiations for real property, the state agency shall establish an amount which it believes to be just compensation therefor and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the state agency’s approved appraisal of the fair market value of such property, if such an appraisal is required, or the current assessed value of such property for real estate tax purposes, unless the property has physically changed in a material and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property, when the entire parcel for which the assessment is made is to be acquired, whichever is greater. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, shall be disregarded in determining the compensation for the property. The state agency concerned shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation, and, if an appraisal is required or obtained, such written statement and summary shall include a complete copy of all appraisals of the real property to be acquired that the state agency obtained prior to making an offer to acquire or initiating negotiations for the real property. The state agency shall provide its written statement of the amount it established as just compensation on its letterhead, which shall be signed by an authorized employee of such state agency. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated.2\n\nNo owner shall be required to surrender possession of real property before the state agency pays the agreed purchase price, or deposits with the state court in accordance with applicable law, for the benefit of the owner, (i) an amount not less than the state agency’s approved appraisal of the fair market value of such property, if such an appraisal is required, or the current assessed value of such property for real estate tax purposes, unless the property has physically changed in a material and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property, when the entire parcel for which the assessment is made is to be acquired, whichever is greater, or (ii) the amount of the award of compensation in the condemnation proceeding for such property.F\n\nNothing in this section shall make evidence of tax assessments admissible as proof of value in an eminent domain proceeding.","order_by":null,"text":{"0":{"id":235337,"text":"A condemnor shall not institute proceedings to condemn property until a bona fide but ineffectual effort to purchase from the owner the property sought to be condemned has been made. However, such effort shall not be required if the consent cannot be obtained because one or more of the owners (i) is a person under a disability or is otherwise unable to convey legal title to such property, (ii) is unknown, or (iii) cannot with reasonable diligence be found within this Commonwealth.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":235338,"text":"Such bona fide effort shall include delivery of, or attempt to deliver, a written offer to acquire accompanied by a written statement to the owner that explains the factual basis for the condemnor’s offer. The written statement shall include a description of the public use for which it is necessary to acquire the owner’s property and shall contain a certification that the acquisition has been reviewed by the condemnor for purposes of complying with § 1-219.1. The written offer shall be made upon the state agency’s letterhead and shall be signed by an authorized employee of such state agency.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":235339,"text":"If the condemnor obtains an appraisal of the property pursuant to the provisions of § 25.1-417, such written statement shall include a complete copy of the appraisal of the property upon which such offer is based. If the condemnor obtains more than one appraisal, such written statement shall include a copy of all appraisals obtained prior to making an offer to acquire or initiating negotiations for the real property.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":235340,"text":"Notwithstanding any provision of law to the contrary, a condemnor, prior to making an offer to acquire a permanent interest in property by purchase or filing a certificate of take or certificate of deposit pursuant to Chapter 3 (§ 25.1-300 et seq.) or § 33.2-1019, shall (i) conduct or cause to be conducted an examination of title to the property in order to ascertain the identity of each owner of such property and to determine the nature and extent of such owner’s interests in the property, which examination of title shall be for at least 60 years and shall be documented in a report showing all matters that affect the current ownership, existing liens, encumbrances, and other matters affecting title as of the date of the title report; (ii) provide to such owner or owners a copy of the title report; and (iii) provide to such owner or owners a copy of all recorded instruments identified in the title report.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":235341,"text":"A state agency’s acquisition of real property in connection with any programs or projects pursuant to this title or Title 33.2 shall be conducted in accordance with the following provisions:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":235342,"text":"Before making an offer to acquire or initiating any related negotiations for real property, the state agency shall establish an amount which it believes to be just compensation therefor and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the state agency’s approved appraisal of the fair market value of such property, if such an appraisal is required, or the current assessed value of such property for real estate tax purposes, unless the property has physically changed in a material and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property, when the entire parcel for which the assessment is made is to be acquired, whichever is greater. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, shall be disregarded in determining the compensation for the property. The state agency concerned shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation, and, if an appraisal is required or obtained, such written statement and summary shall include a complete copy of all appraisals of the real property to be acquired that the state agency obtained prior to making an offer to acquire or initiating negotiations for the real property. The state agency shall provide its written statement of the amount it established as just compensation on its letterhead, which shall be signed by an authorized employee of such state agency. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated.","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":235343,"text":"No owner shall be required to surrender possession of real property before the state agency pays the agreed purchase price, or deposits with the state court in accordance with applicable law, for the benefit of the owner, (i) an amount not less than the state agency’s approved appraisal of the fair market value of such property, if such an appraisal is required, or the current assessed value of such property for real estate tax purposes, unless the property has physically changed in a material and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property, when the entire parcel for which the assessment is made is to be acquired, whichever is greater, or (ii) the amount of the award of compensation in the condemnation proceeding for such property.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"F"},"7":{"id":235344,"text":"Nothing in this section shall make evidence of tax assessments admissible as proof of value in an eminent domain proceeding.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E2"}},"ancestry":[{"id":15977,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13197,"metadata":{},"date_created":"2026-06-26 04:03:07","date_modified":"2026-06-26 04:03:07","permalink":{"id":189539,"object_type":"structure","relational_id":15977,"identifier":"1","token":"25.1\/2\/1","url":"\/25.1\/2\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13197,"edition_id":1,"name":"Condemnation Procedures","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":13196,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":189537,"object_type":"structure","relational_id":13197,"identifier":"2","token":"25.1\/2","url":"\/25.1\/2\/","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":62316,"structure_id":15977,"section_number":"25.1-200","catch_line":"Chapter controls condemnation proceedings","url":"\/25.1-200\/","token":"25.1\/2\/1\/25.1-200","metadata":false},{"id":87259,"structure_id":15977,"section_number":"25.1-201","catch_line":"Jurisdiction of condemnation proceedings","url":"\/25.1-201\/","token":"25.1\/2\/1\/25.1-201","metadata":false},{"id":72884,"structure_id":15977,"section_number":"25.1-202","catch_line":"Nature of proceedings","url":"\/25.1-202\/","token":"25.1\/2\/1\/25.1-202","metadata":false},{"id":67030,"structure_id":15977,"section_number":"25.1-203","catch_line":"Authority of certain condemnors to inspect property; reimbursement for damages; notice prior to entry","url":"\/25.1-203\/","token":"25.1\/2\/1\/25.1-203","metadata":false},{"id":64662,"structure_id":15977,"section_number":"25.1-204","catch_line":"Effort to purchase required; prerequisite to effort to purchase or filing certificate","url":"\/25.1-204\/","token":"25.1\/2\/1\/25.1-204","metadata":false}],"previous_section":{"id":67030,"structure_id":15977,"section_number":"25.1-203","catch_line":"Authority of certain condemnors to inspect property; reimbursement for damages; notice prior to entry","url":"\/25.1-203\/","token":"25.1\/2\/1\/25.1-203","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-204\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 times. 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. Those modifications are as follows: in 1962, chapter 426; in 1998, chapter 556<\/a>; in 2000, chapter 1029<\/a>; in 2003, chapters 627<\/a> and 940<\/a>; in 2005, chapter 878<\/a>; in 2011, chapters 117<\/a> and 190<\/a>; in 2013, chapter 764<\/a>; in 2020, chapter 793<\/a>; in 2022, chapter 735<\/a>; in 2025, chapters 125<\/a> and 617<\/a>.<\/p>","references":[{"id":54370,"section_number":"25.1-206","catch_line":"Petition for condemnation","order_by":null,"url":"\/25.1-206\/"},{"id":69799,"section_number":"25.1-224","catch_line":"Conditions upon entry; bonding; withdrawal of share by owner","order_by":null,"url":"\/25.1-224\/"},{"id":54209,"section_number":"25.1-230.1","catch_line":"(See Editor's Note) Lost access and lost profits","order_by":null,"url":"\/25.1-230.1\/"},{"id":84034,"section_number":"25.1-245.1","catch_line":"Costs","order_by":null,"url":"\/25.1-245.1\/"},{"id":60232,"section_number":"25.1-303","catch_line":"Effort to acquire property by purchase","order_by":null,"url":"\/25.1-303\/"}],"refers_to":[{"id":59000,"section_number":"1-219.1","catch_line":"Limitations on eminent domain","order_by":null,"url":"\/1-219.1\/"},{"id":83870,"section_number":"25.1-300","catch_line":"Definitions","order_by":null,"url":"\/25.1-300\/"},{"id":58090,"section_number":"25.1-417","catch_line":"General provisions for conduct of acquisition","order_by":null,"url":"\/25.1-417\/"},{"id":79287,"section_number":"33.2-1019","catch_line":"Payments into court or filing certificate of deposit before entering upon land","order_by":null,"url":"\/33.2-1019\/"}],"permalink":{"id":189557,"object_type":"law","relational_id":64662,"identifier":"25.1-204","token":"25.1\/2\/1\/25.1-204","url":"\/25.1-204\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-204\/","token":"25.1\/2\/1\/25.1-204","dublin_core":{"Title":"Effort to purchase required; prerequisite to effort to purchase or filing certificate","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-204","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A condemnor<\/span> shall not institute proceedings to condemn property<\/span> until a bona fide but ineffectual effort to purchase from the owner<\/span> the property<\/span> sought to be condemned has been made. However, such effort shall not be required if the consent cannot be obtained because one or more of the owners<\/span> (i) is a person<\/span> under a disability or is otherwise unable to convey legal title to such property<\/span>, (ii) is unknown, or (iii) cannot with reasonable diligence be found within this Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Such bona fide effort shall include delivery of, or attempt to deliver, a written offer to acquire accompanied by a written statement to the owner<\/span> that explains the factual basis for the condemnor<\/span>’s offer. The written statement shall include a description of the public use for which it is necessary to acquire the owner<\/span>’s property<\/span> and shall contain a certification that the acquisition has been reviewed by the condemnor<\/span> for purposes of complying with § 1-219.1<\/a>. The written offer shall be made upon the state agency<\/span>’s letterhead and shall be signed by an authorized employee of such state agency<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the condemnor<\/span> obtains an appraisal<\/span> of the property<\/span> pursuant to the provisions of § 25.1-417<\/a>, such written statement shall include a complete copy of the appraisal<\/span> of the property<\/span> upon which such offer is based. If the condemnor<\/span> obtains more than one appraisal<\/span>, such written statement shall include a copy of all appraisals<\/span> obtained prior to making an offer to acquire or initiating negotiations for the real property<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding any provision of law<\/span> to the contrary, a condemnor<\/span>, prior to making an offer to acquire a permanent interest in property<\/span> by purchase or filing a certificate of take or certificate of deposit pursuant to Chapter 3 (§ 25.1-300<\/a> et seq.) or § 33.2-1019<\/a>, shall (i) conduct or cause to be conducted an examination of title to the property<\/span> in order<\/span> to ascertain the identity of each owner<\/span> of such property<\/span> and to determine the nature and extent of such owner<\/span>’s interests in the property<\/span>, which examination of title shall be for at least 60 years and shall be documented in a report showing all matters that affect the current ownership, existing liens<\/span>, encumbrances, and other matters affecting title as of the date of the title report; (ii) provide to such owner<\/span> or owners<\/span> a copy of the title report; and (iii) provide to such owner<\/span> or owners<\/span> a copy of all recorded instruments identified in the title report. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A state agency<\/span>’s acquisition of real property<\/span> in connection with any programs or projects pursuant to this title or Title 33.2 shall be conducted in accordance with the following provisions: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Before making an offer to acquire or initiating any related negotiations for real property<\/span>, the state agency<\/span> shall establish an amount which it believes to be just compensation therefor and shall make a prompt offer to acquire the property<\/span> for the full amount so established. In no event shall such amount be less than the state agency<\/span>’s approved appraisal<\/span> of the fair market value of such property<\/span>, if such an appraisal<\/span> is required, or the current assessed value of such property<\/span> for real estate tax purposes, unless the property<\/span> has physically changed in a material<\/span> and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property<\/span>, when the entire parcel for which the assessment is made is to be acquired, whichever is greater. Any decrease or increase in the fair market value of real property<\/span> prior to the date of valuation<\/span> caused by the public improvement for which such property<\/span> is acquired, or by the likelihood that the property<\/span> would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner<\/span>, shall be disregarded in determining the compensation for the property<\/span>. The state agency<\/span> concerned shall provide the owner<\/span> of real property<\/span> to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation, and, if an appraisal<\/span> is required or obtained, such written statement and summary shall include a complete copy of all appraisals<\/span> of the real property<\/span> to be acquired that the state agency<\/span> obtained prior to making an offer to acquire or initiating negotiations for the real property<\/span>. The state agency<\/span> shall provide its written statement of the amount it established as just compensation on its letterhead, which shall be signed by an authorized employee of such state agency<\/span>. Where appropriate, the just compensation for the real property<\/span> acquired and for damages<\/span> to remaining real property<\/span> shall be separately stated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> No owner<\/span> shall be required to surrender possession<\/span> of real property<\/span> before the state agency<\/span> pays the agreed purchase price, or deposits with the state court<\/span> in accordance with applicable law<\/span>, for the benefit of the owner<\/span>, (i) an amount not less than the state agency<\/span>’s approved appraisal<\/span> of the fair market value of such property<\/span>, if such an appraisal<\/span> is required, or the current assessed value of such property<\/span> for real estate tax purposes, unless the property<\/span> has physically changed in a material<\/span> and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property<\/span>, when the entire parcel for which the assessment is made is to be acquired, whichever is greater, or (ii) the amount of the award of compensation in the condemnation proceeding for such property<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Nothing in this section shall make evidence<\/span> of tax assessments admissible<\/span> as proof of value in an eminent domain proceeding. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEFFORT TO PURCHASE REQUIRED; PREREQUISITE TO EFFORT TO PURCHASE OR FILING\nCERTIFICATE (\u00a7 25.1-204)\n\nA. A condemnor shall not institute proceedings to condemn property until a bona\nfide but ineffectual effort to purchase from the owner the property sought to be\ncondemned has been made. However, such effort shall not be required if the\nconsent cannot be obtained because one or more of the owners (i) is a person\nunder a disability or is otherwise unable to convey legal title to such\nproperty, (ii) is unknown, or (iii) cannot with reasonable diligence be found\nwithin this Commonwealth.\n\nB. Such bona fide effort shall include delivery of, or attempt to deliver, a\nwritten offer to acquire accompanied by a written statement to the owner that\nexplains the factual basis for the condemnor’s offer. The written\nstatement shall include a description of the public use for which it is\nnecessary to acquire the owner’s property and shall contain a\ncertification that the acquisition has been reviewed by the condemnor for\npurposes of complying with § 1-219.1. The written offer shall be made upon\nthe state agency’s letterhead and shall be signed by an authorized\nemployee of such state agency.\n\nC. If the condemnor obtains an appraisal of the property pursuant to the\nprovisions of § 25.1-417, such written statement shall include a complete\ncopy of the appraisal of the property upon which such offer is based. If the\ncondemnor obtains more than one appraisal, such written statement shall include\na copy of all appraisals obtained prior to making an offer to acquire or\ninitiating negotiations for the real property.\n\nD. Notwithstanding any provision of law to the contrary, a condemnor, prior to\nmaking an offer to acquire a permanent interest in property by purchase or\nfiling a certificate of take or certificate of deposit pursuant to Chapter 3\n(§ 25.1-300 et seq.) or § 33.2-1019, shall (i) conduct or cause to be\nconducted an examination of title to the property in order to ascertain the\nidentity of each owner of such property and to determine the nature and extent\nof such owner’s interests in the property, which examination of title\nshall be for at least 60 years and shall be documented in a report showing all\nmatters that affect the current ownership, existing liens, encumbrances, and\nother matters affecting title as of the date of the title report; (ii) provide\nto such owner or owners a copy of the title report; and (iii) provide to such\nowner or owners a copy of all recorded instruments identified in the title\nreport.\n\nE. A state agency’s acquisition of real property in connection with any\nprograms or projects pursuant to this title or Title 33.2 shall be conducted in\naccordance with the following provisions:\n\n 1. Before making an offer to acquire or initiating any related negotiations\n for real property, the state agency shall establish an amount which it\n believes to be just compensation therefor and shall make a prompt offer to\n acquire the property for the full amount so established. In no event shall\n such amount be less than the state agency’s approved appraisal of the\n fair market value of such property, if such an appraisal is required, or the\n current assessed value of such property for real estate tax purposes, unless\n the property has physically changed in a material and substantial way since\n the current assessment date such that the real estate tax assessment no longer\n represents a fair valuation of the property, when the entire parcel for which\n the assessment is made is to be acquired, whichever is greater. Any decrease\n or increase in the fair market value of real property prior to the date of\n valuation caused by the public improvement for which such property is\n acquired, or by the likelihood that the property would be acquired for such\n improvement, other than that due to physical deterioration within the\n reasonable control of the owner, shall be disregarded in determining the\n compensation for the property. The state agency concerned shall provide the\n owner of real property to be acquired with a written statement of, and summary\n of the basis for, the amount it established as just compensation, and, if an\n appraisal is required or obtained, such written statement and summary shall\n include a complete copy of all appraisals of the real property to be acquired\n that the state agency obtained prior to making an offer to acquire or\n initiating negotiations for the real property. The state agency shall provide\n its written statement of the amount it established as just compensation on its\n letterhead, which shall be signed by an authorized employee of such state\n agency. Where appropriate, the just compensation for the real property\n acquired and for damages to remaining real property shall be separately\n stated.\n\n 2. No owner shall be required to surrender possession of real property before\n the state agency pays the agreed purchase price, or deposits with the state\n court in accordance with applicable law, for the benefit of the owner, (i) an\n amount not less than the state agency’s approved appraisal of the fair\n market value of such property, if such an appraisal is required, or the\n current assessed value of such property for real estate tax purposes, unless\n the property has physically changed in a material and substantial way since\n the current assessment date such that the real estate tax assessment no longer\n represents a fair valuation of the property, when the entire parcel for which\n the assessment is made is to be acquired, whichever is greater, or (ii) the\n amount of the award of compensation in the condemnation proceeding for such\n property.\n\nF. Nothing in this section shall make evidence of tax assessments admissible as\nproof of value in an eminent domain proceeding.\n\nHISTORY: Code 1919, \u00a7 4363; Code 1950, \u00a7 25-7; 1962, c. 426, \u00a7 25-46.5; 1998,\nc. 556; 2000, c. 1029; 2003, cc. 627, 940; 2005, c. 878; 2011, cc. 117, 190;\n2013, c. 764; 2020, c. 793; 2022, c. 735; 2025, cc. 125, 617.","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}}