{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-220.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-220.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-220.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-220.html"}],"law_id":68398,"edition_id":1,"section_id":68398,"structure_id":13400,"section_number":"25.1-220","catch_line":"Who determines issue of just compensation","history":"1962, c. 426, \u00a7 25-46.19; 1984, c. 377; 1991, c. 520; 2000, c. 1029; 2003, c. 940; 2006, c. 586; 2010, c. 835.","full_text":"The issue of just compensation shall be determined by a commission or a jury, upon a timely election made by an owner as provided in \u00a7 25.1-213. However, by agreement of the petitioner and all the parties who are sui juris that have appeared or responded, or, if no owner upon proper notice has appeared or responded, or has filed an answer and grounds of defense that fails to elect to have the determination of just compensation made by either commissioners or a jury, then, upon motion of the petitioner, the issue of just compensation may be determined by the court.","order_by":null,"text":{"0":{"id":247666,"text":"The issue of just compensation shall be determined by a commission or a jury, upon a timely election made by an owner as provided in \u00a7 25.1-213. However, by agreement of the petitioner and all the parties who are sui juris that have appeared or responded, or, if no owner upon proper notice has appeared or responded, or has filed an answer and grounds of defense that fails to elect to have the determination of just compensation made by either commissioners or a jury, then, upon motion of the petitioner, the issue of just compensation may be determined by the court.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-220\/","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 1984, chapter 377; 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":82630,"section_number":"25.1-214","catch_line":"Failure of owner to file answer and grounds of defense","order_by":null,"url":"\/25.1-214\/"},{"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\/"}],"refers_to":[{"id":65232,"section_number":"25.1-213","catch_line":"Filing an answer and grounds of defense; election of commissioners or jury","order_by":null,"url":"\/25.1-213\/"}],"permalink":{"id":189627,"object_type":"law","relational_id":68398,"identifier":"25.1-220","token":"25.1\/2\/2\/25.1-220","url":"\/25.1-220\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-220\/","token":"25.1\/2\/2\/25.1-220","dublin_core":{"Title":"Who determines issue of just compensation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-220","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The issue<\/span> of just compensation shall be determined by a commission or a jury<\/span>, upon a timely election made by an owner<\/span> as provided in \u00a7 25.1-213<\/a>. However, by agreement of the petitioner<\/span> and all the parties who are sui juris that have appeared or responded, or, if no owner<\/span> upon proper notice has appeared or responded, or has filed an answer and grounds of defense that fails to elect to have the determination of just compensation made by either commissioners or a jury<\/span>, then, upon motion<\/span> of the petitioner<\/span>, the issue<\/span> of just compensation may be determined by the court<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHO DETERMINES ISSUE OF JUST COMPENSATION (\u00a7 25.1-220)\n\nThe issue of just compensation shall be determined by a commission or a jury,\nupon a timely election made by an owner as provided in \u00a7 25.1-213. However, by\nagreement of the petitioner and all the parties who are sui juris that have\nappeared or responded, or, if no owner upon proper notice has appeared or\nresponded, or has filed an answer and grounds of defense that fails to elect to\nhave the determination of just compensation made by either commissioners or a\njury, then, upon motion of the petitioner, the issue of just compensation may be\ndetermined by the court.\n\nHISTORY: 1962, c. 426, \u00a7 25-46.19; 1984, c. 377; 1991, c. 520; 2000, c. 1029;\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}}