{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-209.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-209.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-209.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-209.html"}],"law_id":70283,"edition_id":1,"section_id":70283,"structure_id":13400,"section_number":"25.1-209","catch_line":"Notice of filing of petition","history":"Code 1919, \u00a7 4365; Code 1950, \u00a7 25-10; 1962, c. 426, \u00a7 25-46.9; 1975, c. 189; 1991, c. 520; 2000, c. 1029; 2003, c. 940; 2006, c. 586; 2010, c. 835.","full_text":"A\n\nUpon the filing of a petition for condemnation, the petitioner shall give the owners 21 days’ notice of the filing of such petition and of its intention to apply to the court to ascertain just compensation for the property to be taken or affected as a result of the taking and use by the petitioner of the property to be so acquired.B\n\nThe notice, along with a copy of the petition, shall be served on the owners. In such notice, the petitioner shall give notice that an answer and grounds of defense shall be filed setting forth any objection or defense to the taking or damaging of his property or to the jurisdiction of the court to hear the case and to elect to proceed with either the appointment of commissioners or empanelment of a jury for the determination of such just compensation.C\n\nThe notice may also include notice of the petitioner’s application for the right of entry as provided in § 25.1-223, if such application is included in the petition as authorized by § 25.1-207.D\n\nA copy of the notice required to be served on the owners by this section also shall be served in the same manner upon any tenant entitled to participate in the proceeding pursuant to § 25.1-234, whose lease has been duly recorded or whose tenancy is actually known to the petitioner. However, a tenant so notified may participate in the proceeding only as permitted by § 25.1-234.E\n\nIn addition to any other notice required to be served pursuant to this section, in any proceeding instituted by the Commissioner of Highways under this title or Title 33.2, a copy of the notice of the filing of the petition also shall be served, in the same manner as such notice is served upon owners, upon any person owning structures or improvements for which an outdoor advertising permit has been issued by the Commissioner of Highways pursuant to § 33.2-1208.","order_by":null,"text":{"0":{"id":253761,"text":"Upon the filing of a petition for condemnation, the petitioner shall give the owners 21 days’ notice of the filing of such petition and of its intention to apply to the court to ascertain just compensation for the property to be taken or affected as a result of the taking and use by the petitioner of the property to be so acquired.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":253762,"text":"The notice, along with a copy of the petition, shall be served on the owners. In such notice, the petitioner shall give notice that an answer and grounds of defense shall be filed setting forth any objection or defense to the taking or damaging of his property or to the jurisdiction of the court to hear the case and to elect to proceed with either the appointment of commissioners or empanelment of a jury for the determination of such just compensation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":253763,"text":"The notice may also include notice of the petitioner’s application for the right of entry as provided in § 25.1-223, if such application is included in the petition as authorized by § 25.1-207.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":253764,"text":"A copy of the notice required to be served on the owners by this section also shall be served in the same manner upon any tenant entitled to participate in the proceeding pursuant to § 25.1-234, whose lease has been duly recorded or whose tenancy is actually known to the petitioner. However, a tenant so notified may participate in the proceeding only as permitted by § 25.1-234.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":253765,"text":"In addition to any other notice required to be served pursuant to this section, in any proceeding instituted by the Commissioner of Highways under this title or Title 33.2, a copy of the notice of the filing of the petition also shall be served, in the same manner as such notice is served upon owners, upon any person owning structures or improvements for which an outdoor advertising permit has been issued by the Commissioner of Highways pursuant to § 33.2-1208.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-209\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 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 1975, chapter 189; in 1991, chapter 520; in 2000, chapter 1029<\/a>; in 2003, chapter 940<\/a>; in 2006, chapter 586<\/a>; in 2010, chapter 835<\/a>.<\/p>","references":[{"id":70628,"section_number":"25.1-217","catch_line":"Substitution of party where owner becomes incapable of defending","order_by":null,"url":"\/25.1-217\/"},{"id":57968,"section_number":"25.1-219","catch_line":"Pretrial settlement conference; determination of preliminary issues; fixing date of trial on issue of just compensation","order_by":null,"url":"\/25.1-219\/"},{"id":54204,"section_number":"56-347","catch_line":"Power of condemnation; limitation","order_by":null,"url":"\/56-347\/"},{"id":54611,"section_number":"56-49","catch_line":"Powers","order_by":null,"url":"\/56-49\/"}],"refers_to":[{"id":65779,"section_number":"25.1-223","catch_line":"Right to enter upon property","order_by":null,"url":"\/25.1-223\/"},{"id":80563,"section_number":"25.1-234","catch_line":"Participation by certain tenants in proceedings to determine just compensation","order_by":null,"url":"\/25.1-234\/"},{"id":83618,"section_number":"33.2-1208","catch_line":"Permits required","order_by":null,"url":"\/33.2-1208\/"}],"permalink":{"id":189583,"object_type":"law","relational_id":70283,"identifier":"25.1-209","token":"25.1\/2\/2\/25.1-209","url":"\/25.1-209\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-209\/","token":"25.1\/2\/2\/25.1-209","dublin_core":{"Title":"Notice of filing of petition","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-209","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon the filing of a petition<\/span> for condemnation, the petitioner<\/span> shall give the owners<\/span> 21 days’ notice of the filing of such petition<\/span> and of its intention to apply to the court<\/span> to ascertain just compensation for the property<\/span> to be taken or affected as a result of the taking and use by the petitioner<\/span> of the property<\/span> to be so acquired. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The notice, along with a copy of the petition<\/span>, shall be served on the owners<\/span>. In such notice, the petitioner<\/span> shall give notice that an answer and grounds of defense shall be filed setting forth any objection or defense to the taking or damaging of his property<\/span> or to the jurisdiction<\/span> of the court<\/span> to hear the case and to elect to proceed with either the appointment of commissioners or empanelment of a jury<\/span> for the determination of such just compensation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The notice may also include notice of the petitioner<\/span>’s application for the right of entry as provided in § 25.1-223<\/a>, if such application is included in the petition<\/span> as authorized by § 25.1-207<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A copy of the notice required to be served on the owners<\/span> by this section also shall be served in the same manner upon any tenant entitled to participate in the proceeding pursuant to § 25.1-234<\/a>, whose lease has been duly recorded or whose tenancy is actually known to the petitioner<\/span>. However, a tenant so notified may participate in the proceeding only as permitted by § 25.1-234<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In addition to any other notice required to be served pursuant to this section, in any proceeding instituted by the Commissioner of Highways under this title or Title 33.2, a copy of the notice of the filing of the petition<\/span> also shall be served, in the same manner as such notice is served upon owners<\/span>, upon any person<\/span> owning structures or improvements for which an outdoor advertising permit has been issued by the Commissioner of Highways pursuant to § 33.2-1208<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE OF FILING OF PETITION (\u00a7 25.1-209)\n\nA. Upon the filing of a petition for condemnation, the petitioner shall give the\nowners 21 days’ notice of the filing of such petition and of its intention\nto apply to the court to ascertain just compensation for the property to be\ntaken or affected as a result of the taking and use by the petitioner of the\nproperty to be so acquired.\n\nB. The notice, along with a copy of the petition, shall be served on the owners.\nIn such notice, the petitioner shall give notice that an answer and grounds of\ndefense shall be filed setting forth any objection or defense to the taking or\ndamaging of his property or to the jurisdiction of the court to hear the case\nand to elect to proceed with either the appointment of commissioners or\nempanelment of a jury for the determination of such just compensation.\n\nC. The notice may also include notice of the petitioner’s application for\nthe right of entry as provided in § 25.1-223, if such application is\nincluded in the petition as authorized by § 25.1-207.\n\nD. A copy of the notice required to be served on the owners by this section also\nshall be served in the same manner upon any tenant entitled to participate in\nthe proceeding pursuant to § 25.1-234, whose lease has been duly recorded\nor whose tenancy is actually known to the petitioner. However, a tenant so\nnotified may participate in the proceeding only as permitted by § 25.1-234.\n\nE. In addition to any other notice required to be served pursuant to this\nsection, in any proceeding instituted by the Commissioner of Highways under this\ntitle or Title 33.2, a copy of the notice of the filing of the petition also\nshall be served, in the same manner as such notice is served upon owners, upon\nany person owning structures or improvements for which an outdoor advertising\npermit has been issued by the Commissioner of Highways pursuant to §\n33.2-1208.\n\nHISTORY: Code 1919, \u00a7 4365; Code 1950, \u00a7 25-10; 1962, c. 426, \u00a7 25-46.9;\n1975, c. 189; 1991, c. 520; 2000, c. 1029; 2003, c. 940; 2006, c. 586; 2010, c.\n835.","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}}