{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-219.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-219.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-219.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-219.html"}],"law_id":57968,"edition_id":1,"section_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","history":"1962, c. 426, \u00a7 25-46.17; 1991, c. 520; 2000, c. 1029; 2002, c. 272; 2003, c. 940; 2006, c. 586; 2010, c. 835.","full_text":"A\n\nThe owner or the petitioner in any condemnation proceeding may request and, if requested, the court shall order a pretrial settlement conference. Such conference shall be conducted by a neutral third party, if available. Such conference may be requested at any time by either the owner or the petitioner. If requested, such conference shall be held within the 30 days preceding the scheduled trial date. If such a conference is ordered, the court shall order both parties to appear with counsel, if any, and the parties shall appear with settlement authority. All settlement conferences conducted pursuant to this provision shall be nonbinding. If settlement is not reached, the matter shall proceed to trial as set upon the docket.B\n\nAt the hearing upon the petition and application for either the appointment of commissioners or the empanelment of a jury made in accordance with § 25.1-209, if no answer and grounds of defense has been filed objecting to the jurisdiction of the court to hear the case and to proceed with the appointment of commissioners or the empanelment of a jury, the court shall enter an order fixing a date for the trial of the issue of just compensation and stating that such issue shall be determined by a commission, by a jury or by the court, as provided in § 25.1-220. If any answer and grounds of defense has been filed objecting to the jurisdiction of the court, the court shall determine such issues or other matters in controversy, excepting the issue of just compensation or matters relating to the ownership of any land or other property or the interests of any party in such land or other property before fixing a date for the trial of the issue of just compensation.C\n\nIf the court determines all such issues or other matters involving the jurisdiction of the court in favor of the petitioner, the court shall enter an order fixing a date for the trial of the issue of just compensation and stating that such issue shall be determined either by a commission, by a jury or by the court, as provided in § 25.1-220.D\n\nAn order of the court in favor of the petitioner on any of the foregoing preliminary issues or matters shall not be a final order for purposes of appeal but an order against the petitioner on such issues or matters shall be a final order for purposes of appeal, if the petitioner so elects. If the order against the petitioner does not dismiss the petition, the petitioner may elect to proceed with the case without waiving any of its objections and exceptions to the rulings of the court.E\n\nAt such hearing the court shall also determine whether the petitioner shall be granted a right of entry as provided in § 25.1-223.","order_by":null,"text":{"0":{"id":212312,"text":"The owner or the petitioner in any condemnation proceeding may request and, if requested, the court shall order a pretrial settlement conference. Such conference shall be conducted by a neutral third party, if available. Such conference may be requested at any time by either the owner or the petitioner. If requested, such conference shall be held within the 30 days preceding the scheduled trial date. If such a conference is ordered, the court shall order both parties to appear with counsel, if any, and the parties shall appear with settlement authority. All settlement conferences conducted pursuant to this provision shall be nonbinding. If settlement is not reached, the matter shall proceed to trial as set upon the docket.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":212313,"text":"At the hearing upon the petition and application for either the appointment of commissioners or the empanelment of a jury made in accordance with § 25.1-209, if no answer and grounds of defense has been filed objecting to the jurisdiction of the court to hear the case and to proceed with the appointment of commissioners or the empanelment of a jury, the court shall enter an order fixing a date for the trial of the issue of just compensation and stating that such issue shall be determined by a commission, by a jury or by the court, as provided in § 25.1-220. If any answer and grounds of defense has been filed objecting to the jurisdiction of the court, the court shall determine such issues or other matters in controversy, excepting the issue of just compensation or matters relating to the ownership of any land or other property or the interests of any party in such land or other property before fixing a date for the trial of the issue of just compensation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":212314,"text":"If the court determines all such issues or other matters involving the jurisdiction of the court in favor of the petitioner, the court shall enter an order fixing a date for the trial of the issue of just compensation and stating that such issue shall be determined either by a commission, by a jury or by the court, as provided in § 25.1-220.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":212315,"text":"An order of the court in favor of the petitioner on any of the foregoing preliminary issues or matters shall not be a final order for purposes of appeal but an order against the petitioner on such issues or matters shall be a final order for purposes of appeal, if the petitioner so elects. If the order against the petitioner does not dismiss the petition, the petitioner may elect to proceed with the case without waiving any of its objections and exceptions to the rulings of the court.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":212316,"text":"At such hearing the court shall also determine whether the petitioner shall be granted a right of entry as provided in § 25.1-223.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-219\/","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 6 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 1991, chapter 520; in 2000, chapter 1029<\/a>; in 2002, chapter 272<\/a>; in 2003, chapter 940<\/a>; in 2006, chapter 586<\/a>; in 2010, chapter 835<\/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":68398,"section_number":"25.1-220","catch_line":"Who determines issue of just compensation","order_by":null,"url":"\/25.1-220\/"},{"id":65779,"section_number":"25.1-223","catch_line":"Right to enter upon property","order_by":null,"url":"\/25.1-223\/"}],"permalink":{"id":189623,"object_type":"law","relational_id":57968,"identifier":"25.1-219","token":"25.1\/2\/2\/25.1-219","url":"\/25.1-219\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-219\/","token":"25.1\/2\/2\/25.1-219","dublin_core":{"Title":"Pretrial settlement conference; determination of preliminary issues; fixing date of trial on issue of just compensation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-219","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The owner<\/span> or the petitioner<\/span> in any condemnation proceeding may request and, if requested, the court<\/span> shall order<\/span> a pretrial settlement<\/span> conference. Such conference shall be conducted by a neutral third party<\/span>, if available. Such conference may be requested at any time by either the owner<\/span> or the petitioner<\/span>. If requested, such conference shall be held within the 30 days preceding the scheduled trial<\/span> date. If such a conference is ordered, the court<\/span> shall order<\/span> both parties to appear with counsel<\/span>, if any, and the parties shall appear with settlement<\/span> authority. All settlement<\/span> conferences conducted pursuant to this provision shall be nonbinding. If settlement<\/span> is not reached, the matter shall proceed to trial<\/span> as set upon the docket<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> At the hearing<\/span> upon the petition<\/span> and application for either the appointment of commissioners or the empanelment of a jury<\/span> made in accordance with § 25.1-209<\/a>, if no answer and grounds of defense has been filed objecting to the jurisdiction<\/span> of the court<\/span> to hear the case and to proceed with the appointment of commissioners or the empanelment of a jury<\/span>, the court<\/span> shall enter an order<\/span> fixing a date for the trial<\/span> of the issue<\/span> of just compensation and stating that such issue<\/span> shall be determined by a commission, by a jury<\/span> or by the court<\/span>, as provided in § 25.1-220<\/a>. If any answer and grounds of defense has been filed objecting to the jurisdiction<\/span> of the court<\/span>, the court<\/span> shall determine such issues<\/span> or other matters in controversy, excepting the issue<\/span> of just compensation or matters relating to the ownership of any land<\/span> or other property<\/span> or the interests of any party<\/span> in such land<\/span> or other property<\/span> before fixing a date for the trial<\/span> of the issue<\/span> of just compensation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the court<\/span> determines all such issues<\/span> or other matters involving the jurisdiction<\/span> of the court<\/span> in favor of the petitioner<\/span>, the court<\/span> shall enter an order<\/span> fixing a date for the trial<\/span> of the issue<\/span> of just compensation and stating that such issue<\/span> shall be determined either by a commission, by a jury<\/span> or by the court<\/span>, as provided in § 25.1-220<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An order of the court<\/span> in favor of the petitioner<\/span> on any of the foregoing preliminary issues<\/span> or matters shall not be a final order<\/span> for purposes of appeal<\/span> but an order against the petitioner<\/span> on such issues<\/span> or matters shall be a final order<\/span> for purposes of appeal<\/span>, if the petitioner<\/span> so elects. If the order against the petitioner<\/span> does not dismiss the petition<\/span>, the petitioner<\/span> may elect to proceed with the case without waiving any of its objections and exceptions to the rulings of the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> At such hearing<\/span> the court<\/span> shall also determine whether the petitioner<\/span> shall be granted a right of entry as provided in § 25.1-223<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRETRIAL SETTLEMENT CONFERENCE; DETERMINATION OF PRELIMINARY ISSUES; FIXING DATE\nOF TRIAL ON ISSUE OF JUST COMPENSATION (\u00a7 25.1-219)\n\nA. The owner or the petitioner in any condemnation proceeding may request and,\nif requested, the court shall order a pretrial settlement conference. Such\nconference shall be conducted by a neutral third party, if available. Such\nconference may be requested at any time by either the owner or the petitioner.\nIf requested, such conference shall be held within the 30 days preceding the\nscheduled trial date. If such a conference is ordered, the court shall order\nboth parties to appear with counsel, if any, and the parties shall appear with\nsettlement authority. All settlement conferences conducted pursuant to this\nprovision shall be nonbinding. If settlement is not reached, the matter shall\nproceed to trial as set upon the docket.\n\nB. At the hearing upon the petition and application for either the appointment\nof commissioners or the empanelment of a jury made in accordance with §\n25.1-209, if no answer and grounds of defense has been filed objecting to the\njurisdiction of the court to hear the case and to proceed with the appointment\nof commissioners or the empanelment of a jury, the court shall enter an order\nfixing a date for the trial of the issue of just compensation and stating that\nsuch issue shall be determined by a commission, by a jury or by the court, as\nprovided in § 25.1-220. If any answer and grounds of defense has been filed\nobjecting to the jurisdiction of the court, the court shall determine such\nissues or other matters in controversy, excepting the issue of just compensation\nor matters relating to the ownership of any land or other property or the\ninterests of any party in such land or other property before fixing a date for\nthe trial of the issue of just compensation.\n\nC. If the court determines all such issues or other matters involving the\njurisdiction of the court in favor of the petitioner, the court shall enter an\norder fixing a date for the trial of the issue of just compensation and stating\nthat such issue shall be determined either by a commission, by a jury or by the\ncourt, as provided in § 25.1-220.\n\nD. An order of the court in favor of the petitioner on any of the foregoing\npreliminary issues or matters shall not be a final order for purposes of appeal\nbut an order against the petitioner on such issues or matters shall be a final\norder for purposes of appeal, if the petitioner so elects. If the order against\nthe petitioner does not dismiss the petition, the petitioner may elect to\nproceed with the case without waiving any of its objections and exceptions to\nthe rulings of the court.\n\nE. At such hearing the court shall also determine whether the petitioner shall\nbe granted a right of entry as provided in § 25.1-223.\n\nHISTORY: 1962, c. 426, \u00a7 25-46.17; 1991, c. 520; 2000, c. 1029; 2002, c. 272;\n2003, c. 940; 2006, c. 586; 2010, c. 835.","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}}