{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-206.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-206.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-206.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-206.html"}],"law_id":54370,"edition_id":1,"section_id":54370,"structure_id":13400,"section_number":"25.1-206","catch_line":"Petition for condemnation","history":"Code 1919, \u00a7 4364; Code 1950, \u00a7\u00a7 25-8, 25-9; 1962, c. 426, \u00a7 25-46.7; 1980, c. 441; 1981, c. 316; 1991, c. 520; 2003, c. 940.","full_text":"The petition for condemnation shall contain:\n\n1\n\nA caption wherein the person vested by law with power to exercise the right of eminent domain shall be the petitioner, and the named defendants shall be at least one of the owners of some part of or an interest in the property to be taken or damaged, and the property to be taken designated generally by kind, quantity and location.2\n\nShort and plain statements of the following:\n\t\t\ta. The authority for the taking;\n\t\t\tb. The necessity for the work or improvements to be made;\n\t\t\tc. The public uses for which the property is to be taken;\n\t\t\td. A description of the work or improvements to be made; and if (i) only a portion of the property is to be taken or (ii) any other property will or is likely to be damaged as the result of the taking, a plat, drawing or plan, in sufficient detail to disclose fairly the nature of such work or improvements, including specifications, elevations and grade changes, if any, so as to enable the owner of such property to be reasonably informed of the nature, extent and effect of such taking and the construction and operation of such works and improvements, shall be attached as an exhibit to the petition;\n\t\t\te. The estate, interest or rights in the property to be taken;\n\t\t\tf. A description of the property to be taken sufficient for its identification and a plan or plat of the land to be taken shall be attached as an exhibit to the petition;\n\t\t\tg. As to each separate piece of property to be taken or damaged, the names and residences, so far as known by petitioner, of the defendants who are joined as owners of the property, or of some interest therein, if their names have been ascertained by a reasonably diligent search of the records, considering the character and value of the property involved and the interests to be acquired, or if their names have otherwise been learned; and if the names of other persons or classes of persons to be joined as owners of the property are unknown, such persons may be made defendants under the designation of “Unknown Owners”;\n\t\t\th. Compliance with the provisions of § 25.1-204 and the manner of such compliance; and\n\t\t\ti. Where applicable, compliance with the provisions of § 25.1-102 and the manner of such compliance.3\n\nA prayer asking for judgment (i) that the property or the estate, interest or rights therein be condemned and the title thereto vested in the petitioner, (ii) that just compensation be ascertained as provided in § 25.1-230 and awarded, and (iii) for such other relief as may be lawful and proper.4\n\nThe petition shall be verified by affidavit of a duly authorized officer, agent or attorney for the petitioner.5\n\nThe petitioner shall furnish the clerk one copy of the petition and all exhibits thereto and such additional copies of the petition as may reasonably be needed by the clerk or any defendant.","order_by":null,"text":{"0":{"id":199644,"text":"The petition for condemnation shall contain:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":199645,"text":"A caption wherein the person vested by law with power to exercise the right of eminent domain shall be the petitioner, and the named defendants shall be at least one of the owners of some part of or an interest in the property to be taken or damaged, and the property to be taken designated generally by kind, quantity and location.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":199646,"text":"Short and plain statements of the following:\n\t\t\ta. The authority for the taking;\n\t\t\tb. The necessity for the work or improvements to be made;\n\t\t\tc. The public uses for which the property is to be taken;\n\t\t\td. A description of the work or improvements to be made; and if (i) only a portion of the property is to be taken or (ii) any other property will or is likely to be damaged as the result of the taking, a plat, drawing or plan, in sufficient detail to disclose fairly the nature of such work or improvements, including specifications, elevations and grade changes, if any, so as to enable the owner of such property to be reasonably informed of the nature, extent and effect of such taking and the construction and operation of such works and improvements, shall be attached as an exhibit to the petition;\n\t\t\te. The estate, interest or rights in the property to be taken;\n\t\t\tf. A description of the property to be taken sufficient for its identification and a plan or plat of the land to be taken shall be attached as an exhibit to the petition;\n\t\t\tg. As to each separate piece of property to be taken or damaged, the names and residences, so far as known by petitioner, of the defendants who are joined as owners of the property, or of some interest therein, if their names have been ascertained by a reasonably diligent search of the records, considering the character and value of the property involved and the interests to be acquired, or if their names have otherwise been learned; and if the names of other persons or classes of persons to be joined as owners of the property are unknown, such persons may be made defendants under the designation of “Unknown Owners”;\n\t\t\th. Compliance with the provisions of § 25.1-204 and the manner of such compliance; and\n\t\t\ti. Where applicable, compliance with the provisions of § 25.1-102 and the manner of such compliance.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":199647,"text":"A prayer asking for judgment (i) that the property or the estate, interest or rights therein be condemned and the title thereto vested in the petitioner, (ii) that just compensation be ascertained as provided in § 25.1-230 and awarded, and (iii) for such other relief as may be lawful and proper.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":199648,"text":"The petition shall be verified by affidavit of a duly authorized officer, agent or attorney for the petitioner.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":199649,"text":"The petitioner shall furnish the clerk one copy of the petition and all exhibits thereto and such additional copies of the petition as may reasonably be needed by the clerk or any defendant.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4"}},"ancestry":[{"id":13400,"edition_id":1,"name":"Condemnation Proceedings","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13197,"metadata":{},"date_created":"2026-06-26 03:44:49","date_modified":"2026-06-26 03:44:49","permalink":{"id":189561,"object_type":"structure","relational_id":13400,"identifier":"2","token":"25.1\/2\/2","url":"\/25.1\/2\/2\/","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":77093,"structure_id":13400,"section_number":"25.1-205","catch_line":"Commencement of proceedings","url":"\/25.1-205\/","token":"25.1\/2\/2\/25.1-205","metadata":false},{"id":84682,"structure_id":13400,"section_number":"25.1-205.1","catch_line":"Repealed","url":"\/25.1-205.1\/","token":"25.1\/2\/2\/25.1-205.1","metadata":false},{"id":54370,"structure_id":13400,"section_number":"25.1-206","catch_line":"Petition for condemnation","url":"\/25.1-206\/","token":"25.1\/2\/2\/25.1-206","metadata":false},{"id":83969,"structure_id":13400,"section_number":"25.1-207","catch_line":"Inclusion in petition of request for right of entry","url":"\/25.1-207\/","token":"25.1\/2\/2\/25.1-207","metadata":false},{"id":85653,"structure_id":13400,"section_number":"25.1-208","catch_line":"Joinder of separate parcels","url":"\/25.1-208\/","token":"25.1\/2\/2\/25.1-208","metadata":false},{"id":70283,"structure_id":13400,"section_number":"25.1-209","catch_line":"Notice of filing of petition","url":"\/25.1-209\/","token":"25.1\/2\/2\/25.1-209","metadata":false},{"id":74136,"structure_id":13400,"section_number":"25.1-210","catch_line":"Service of notice by order of publication; mailing copy of notice by publication","url":"\/25.1-210\/","token":"25.1\/2\/2\/25.1-210","metadata":false},{"id":85106,"structure_id":13400,"section_number":"25.1-211","catch_line":"Form of notice by publication","url":"\/25.1-211\/","token":"25.1\/2\/2\/25.1-211","metadata":false},{"id":71892,"structure_id":13400,"section_number":"25.1-212","catch_line":"Personal service of notice on nonresident owner","url":"\/25.1-212\/","token":"25.1\/2\/2\/25.1-212","metadata":false},{"id":65232,"structure_id":13400,"section_number":"25.1-213","catch_line":"Filing an answer and grounds of defense; election of commissioners or jury","url":"\/25.1-213\/","token":"25.1\/2\/2\/25.1-213","metadata":false},{"id":82630,"structure_id":13400,"section_number":"25.1-214","catch_line":"Failure of owner to file answer and grounds of defense","url":"\/25.1-214\/","token":"25.1\/2\/2\/25.1-214","metadata":false},{"id":86894,"structure_id":13400,"section_number":"25.1-215","catch_line":"No notice required where owner is a person under a disability; appointment of guardian ad litem","url":"\/25.1-215\/","token":"25.1\/2\/2\/25.1-215","metadata":false},{"id":59954,"structure_id":13400,"section_number":"25.1-216","catch_line":"Amendments to pleadings","url":"\/25.1-216\/","token":"25.1\/2\/2\/25.1-216","metadata":false},{"id":70628,"structure_id":13400,"section_number":"25.1-217","catch_line":"Substitution of party where owner becomes incapable of defending","url":"\/25.1-217\/","token":"25.1\/2\/2\/25.1-217","metadata":false},{"id":86053,"structure_id":13400,"section_number":"25.1-218","catch_line":"Intervention in proceedings","url":"\/25.1-218\/","token":"25.1\/2\/2\/25.1-218","metadata":false},{"id":57968,"structure_id":13400,"section_number":"25.1-219","catch_line":"Pretrial settlement conference; determination of preliminary issues; fixing date of trial on issue of just compensation","url":"\/25.1-219\/","token":"25.1\/2\/2\/25.1-219","metadata":false},{"id":68398,"structure_id":13400,"section_number":"25.1-220","catch_line":"Who determines issue of just compensation","url":"\/25.1-220\/","token":"25.1\/2\/2\/25.1-220","metadata":false},{"id":63940,"structure_id":13400,"section_number":"25.1-221","catch_line":"Consolidation of petitions for trial","url":"\/25.1-221\/","token":"25.1\/2\/2\/25.1-221","metadata":false},{"id":83481,"structure_id":13400,"section_number":"25.1-222","catch_line":"Proceedings not to be delayed by claims with respect to ownership of property","url":"\/25.1-222\/","token":"25.1\/2\/2\/25.1-222","metadata":false}],"previous_section":{"id":84682,"structure_id":13400,"section_number":"25.1-205.1","catch_line":"Repealed","url":"\/25.1-205.1\/","token":"25.1\/2\/2\/25.1-205.1","metadata":false},"next_section":{"id":83969,"structure_id":13400,"section_number":"25.1-207","catch_line":"Inclusion in petition of request for right of entry","url":"\/25.1-207\/","token":"25.1\/2\/2\/25.1-207","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-206\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 1980, chapter 441; in 1981, chapter 316; in 1991, chapter 520; in 2003, chapter 940<\/a>.<\/p>","references":[{"id":86082,"section_number":"25.1-108","catch_line":"Offer to sell to former owner","order_by":null,"url":"\/25.1-108\/"},{"id":77093,"section_number":"25.1-205","catch_line":"Commencement of proceedings","order_by":null,"url":"\/25.1-205\/"}],"refers_to":[{"id":56240,"section_number":"25.1-102","catch_line":"Condemnation of property of corporations possessing power of eminent domain","order_by":null,"url":"\/25.1-102\/"},{"id":64662,"section_number":"25.1-204","catch_line":"Effort to purchase required; prerequisite to effort to purchase or filing certificate","order_by":null,"url":"\/25.1-204\/"},{"id":84213,"section_number":"25.1-230","catch_line":"Measure of just compensation; oaths of members of body determining just compensation","order_by":null,"url":"\/25.1-230\/"}],"permalink":{"id":189571,"object_type":"law","relational_id":54370,"identifier":"25.1-206","token":"25.1\/2\/2\/25.1-206","url":"\/25.1-206\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-206\/","token":"25.1\/2\/2\/25.1-206","dublin_core":{"Title":"Petition for condemnation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-206","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The petition<\/span> for condemnation shall contain:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A caption wherein the person<\/span> vested by law<\/span> with power to exercise the right of eminent domain shall be the petitioner<\/span>, and the named defendants<\/span> shall be at least one of the owners<\/span> of some part of or an interest in the property<\/span> to be taken or damaged, and the property<\/span> to be taken designated generally by kind, quantity and location. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Short and plain statements of the following:\n\t\t\ta. The authority for the taking;\n\t\t\tb. The necessity for the work or improvements to be made;\n\t\t\tc. The public uses for which the property<\/span> is to be taken;\n\t\t\td. A description of the work or improvements to be made; and if (i) only a portion of the property<\/span> is to be taken or (ii) any other property<\/span> will or is likely to be damaged as the result of the taking, a plat, drawing or plan, in sufficient detail to disclose fairly the nature of such work or improvements, including specifications, elevations and grade changes, if any, so as to enable the owner<\/span> of such property<\/span> to be reasonably informed of the nature, extent and effect of such taking and the construction and operation of such works and improvements, shall be attached as an exhibit to the petition<\/span>;\n\t\t\te. The estate, interest or rights in the property<\/span> to be taken;\n\t\t\tf. A description of the property<\/span> to be taken sufficient for its identification and a plan or plat of the land<\/span> to be taken shall be attached as an exhibit to the petition<\/span>;\n\t\t\tg. As to each separate piece of property<\/span> to be taken or damaged, the names and residences, so far as known by petitioner<\/span>, of the defendants<\/span> who are joined as owners<\/span> of the property<\/span>, or of some interest therein, if their names have been ascertained by a reasonably diligent search of the records, considering the character and value of the property<\/span> involved and the interests to be acquired, or if their names have otherwise been learned; and if the names of other persons<\/span> or classes of persons<\/span> to be joined as owners<\/span> of the property<\/span> are unknown, such persons<\/span> may be made defendants<\/span> under the designation of “Unknown Owners<\/span>”;\n\t\t\th. Compliance with the provisions of § 25.1-204<\/a> and the manner of such compliance; and\n\t\t\ti. Where applicable, compliance with the provisions of § 25.1-102<\/a> and the manner of such compliance. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> A prayer asking for judgment<\/span> (i) that the property<\/span> or the estate, interest or rights therein be condemned and the title thereto vested in the petitioner<\/span>, (ii) that just compensation be ascertained as provided in § 25.1-230<\/a> and awarded, and (iii) for such other relief as may be lawful and proper. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The petition<\/span> shall be verified by affidavit<\/span> of a duly authorized officer, agent or attorney for the petitioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The petitioner<\/span> shall furnish the clerk one copy of the petition<\/span> and all exhibits thereto and such additional copies of the petition<\/span> as may reasonably be needed by the clerk or any defendant<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPETITION FOR CONDEMNATION (\u00a7 25.1-206)\n\nThe petition for condemnation shall contain:\n\n1. A caption wherein the person vested by law with power to exercise the right\nof eminent domain shall be the petitioner, and the named defendants shall be at\nleast one of the owners of some part of or an interest in the property to be\ntaken or damaged, and the property to be taken designated generally by kind,\nquantity and location.\n\n2. Short and plain statements of the following:\n\t\t\ta. The authority for the taking;\n\t\t\tb. The necessity for the work or improvements to be made;\n\t\t\tc. The public uses for which the property is to be taken;\n\t\t\td. A description of the work or improvements to be made; and if (i) only a\nportion of the property is to be taken or (ii) any other property will or is\nlikely to be damaged as the result of the taking, a plat, drawing or plan, in\nsufficient detail to disclose fairly the nature of such work or improvements,\nincluding specifications, elevations and grade changes, if any, so as to enable\nthe owner of such property to be reasonably informed of the nature, extent and\neffect of such taking and the construction and operation of such works and\nimprovements, shall be attached as an exhibit to the petition;\n\t\t\te. The estate, interest or rights in the property to be taken;\n\t\t\tf. A description of the property to be taken sufficient for its\nidentification and a plan or plat of the land to be taken shall be attached as\nan exhibit to the petition;\n\t\t\tg. As to each separate piece of property to be taken or damaged, the names\nand residences, so far as known by petitioner, of the defendants who are joined\nas owners of the property, or of some interest therein, if their names have been\nascertained by a reasonably diligent search of the records, considering the\ncharacter and value of the property involved and the interests to be acquired,\nor if their names have otherwise been learned; and if the names of other persons\nor classes of persons to be joined as owners of the property are unknown, such\npersons may be made defendants under the designation of “Unknown\nOwners”;\n\t\t\th. Compliance with the provisions of § 25.1-204 and the manner of such\ncompliance; and\n\t\t\ti. Where applicable, compliance with the provisions of § 25.1-102 and\nthe manner of such compliance.\n\n3. A prayer asking for judgment (i) that the property or the estate, interest or\nrights therein be condemned and the title thereto vested in the petitioner, (ii)\nthat just compensation be ascertained as provided in § 25.1-230 and\nawarded, and (iii) for such other relief as may be lawful and proper.\n\n4. The petition shall be verified by affidavit of a duly authorized officer,\nagent or attorney for the petitioner.\n\n5. The petitioner shall furnish the clerk one copy of the petition and all\nexhibits thereto and such additional copies of the petition as may reasonably be\nneeded by the clerk or any defendant.\n\nHISTORY: Code 1919, \u00a7 4364; Code 1950, \u00a7\u00a7 25-8, 25-9; 1962, c. 426, \u00a7\n25-46.7; 1980, c. 441; 1981, c. 316; 1991, c. 520; 2003, c. 940.","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}}