{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-217.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-217.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-217.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-217.html"}],"law_id":70628,"edition_id":1,"section_id":70628,"structure_id":13400,"section_number":"25.1-217","catch_line":"Substitution of party where owner becomes incapable of defending","history":"1962, c. 426, \u00a7 25-46.15; 2003, c. 940.","full_text":"A\n\nIf an owner becomes incapable of defending because of death, insanity, conviction of felony, removal from office, or other cause, his successor in interest may be substituted as a party in his place. Substitution shall be made on motion of the successor or of any party to the proceedings.B\n\nIf the successor does not make or consent to the motion, the party making the motion shall file it with the court and the procedure thereon and the service of notice of such motion, if any, shall be in whatever manner the court may require as reasonable and proper in the circumstances involved but in no event shall the period of time required for any notice be greater than that which is prescribed for the notice in § 25.1-209 or § 25.1-210.","order_by":null,"text":{"0":{"id":254817,"text":"If an owner becomes incapable of defending because of death, insanity, conviction of felony, removal from office, or other cause, his successor in interest may be substituted as a party in his place. Substitution shall be made on motion of the successor or of any party to the proceedings.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":254818,"text":"If the successor does not make or consent to the motion, the party making the motion shall file it with the court and the procedure thereon and the service of notice of such motion, if any, shall be in whatever manner the court may require as reasonable and proper in the circumstances involved but in no event shall the period of time required for any notice be greater than that which is prescribed for the notice in § 25.1-209 or § 25.1-210.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-217\/","history_text":"

This law was first created in 1962. The record of its establishment is cataloged in chapter 426 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. Unfortunately, the 1962 \u201cActs\u201d aren\u2019t available online. 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 2003, chapter 940<\/a>.<\/p>","references":false,"refers_to":[{"id":70283,"section_number":"25.1-209","catch_line":"Notice of filing of petition","order_by":null,"url":"\/25.1-209\/"},{"id":74136,"section_number":"25.1-210","catch_line":"Service of notice by order of publication; mailing copy of notice by publication","order_by":null,"url":"\/25.1-210\/"}],"permalink":{"id":189615,"object_type":"law","relational_id":70628,"identifier":"25.1-217","token":"25.1\/2\/2\/25.1-217","url":"\/25.1-217\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-217\/","token":"25.1\/2\/2\/25.1-217","dublin_core":{"Title":"Substitution of party where owner becomes incapable of defending","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-217","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If an owner<\/span> becomes incapable of defending because of death, insanity<\/span>, conviction<\/span> of felony<\/span>, removal from office, or other cause, his successor in interest may be substituted as a party<\/span> in his place. Substitution shall be made on motion<\/span> of the successor or of any party<\/span> to the proceedings. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the successor does not make or consent to the motion<\/span>, the party<\/span> making the motion<\/span> shall file it with the court<\/span> and the procedure thereon and the service of notice of such motion<\/span>, if any, shall be in whatever manner the court<\/span> may require as reasonable and proper in the circumstances involved but in no event shall the period of time required for any notice be greater than that which is prescribed for the notice in § 25.1-209<\/a> or § 25.1-210<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUBSTITUTION OF PARTY WHERE OWNER BECOMES INCAPABLE OF DEFENDING (\u00a7 25.1-217)\n\nA. If an owner becomes incapable of defending because of death, insanity,\nconviction of felony, removal from office, or other cause, his successor in\ninterest may be substituted as a party in his place. Substitution shall be made\non motion of the successor or of any party to the proceedings.\n\nB. If the successor does not make or consent to the motion, the party making the\nmotion shall file it with the court and the procedure thereon and the service of\nnotice of such motion, if any, shall be in whatever manner the court may require\nas reasonable and proper in the circumstances involved but in no event shall the\nperiod of time required for any notice be greater than that which is prescribed\nfor the notice in § 25.1-209 or § 25.1-210.\n\nHISTORY: 1962, c. 426, \u00a7 25-46.15; 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}}