{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-230.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-230.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-230.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-230.html"}],"law_id":84213,"edition_id":1,"section_id":84213,"structure_id":13198,"section_number":"25.1-230","catch_line":"Measure of just compensation; oaths of members of body determining just compensation","history":"Code 1919, \u00a7\u00a7 4366, 4367; 1928, p. 334; 1948, p. 168; Code 1950, \u00a7\u00a7 25-12, 25-16; 1962, c. 426, \u00a7 25-46.20; 1968, c. 535; 1973, c. 510; 1974, c. 625; 1975, c. 551; 1991, c. 520; 1993, c. 906; 1997, c. 58; 2000, c. 1029; 2003, c. 940; 2019, c. 788.","full_text":"A\n\nThe body determining just compensation shall ascertain (i) the value of the property to be taken and (ii) the damages, if any, that may accrue to the residue beyond the specific enhancement in value, if any, to such residue caused by the taking and public use of the property for which it is condemned. Such enhancement in value shall not be offset against the value of the property taken, and if such enhancement in value exceeds the damages, there shall be no recovery against the landowner for such excess.\n\t\t\tIn determining the market value of the property before the taking, the body determining just compensation may consider everything a buyer and seller in the marketplace would reasonably consider, but may not consider any increase or decrease in the fair market value of the property caused by the public use for which the property is being acquired, or by the likelihood that the property would be acquired for such public use, other than that due to physical deterioration within the reasonable control of the owner.\n\t\t\tIn determining the market value of the residue after the taking, the body determining just compensation may consider everything a buyer and seller in the marketplace would reasonably consider, including the public use for which the property is being acquired, but may not consider any general enhancement the residue experiences in common with surrounding properties as a result of the public use.\n\t\t\tNothing in this subsection shall make evidence of tax assessments admissible as proof of value in an eminent domain proceeding.B\n\nBefore executing their duties, each member of the body determining just compensation shall take an oath before an officer authorized by the laws of the Commonwealth to administer an oath that he will faithfully and impartially ascertain the amount of just compensation to which a party is entitled.","order_by":null,"text":{"0":{"id":301842,"text":"The body determining just compensation shall ascertain (i) the value of the property to be taken and (ii) the damages, if any, that may accrue to the residue beyond the specific enhancement in value, if any, to such residue caused by the taking and public use of the property for which it is condemned. Such enhancement in value shall not be offset against the value of the property taken, and if such enhancement in value exceeds the damages, there shall be no recovery against the landowner for such excess.\n\t\t\tIn determining the market value of the property before the taking, the body determining just compensation may consider everything a buyer and seller in the marketplace would reasonably consider, but may not consider any increase or decrease in the fair market value of the property caused by the public use for which the property is being acquired, or by the likelihood that the property would be acquired for such public use, other than that due to physical deterioration within the reasonable control of the owner.\n\t\t\tIn determining the market value of the residue after the taking, the body determining just compensation may consider everything a buyer and seller in the marketplace would reasonably consider, including the public use for which the property is being acquired, but may not consider any general enhancement the residue experiences in common with surrounding properties as a result of the public use.\n\t\t\tNothing in this subsection shall make evidence of tax assessments admissible as proof of value in an eminent domain proceeding.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":301843,"text":"Before executing their duties, each member of the body determining just compensation shall take an oath before an officer authorized by the laws of the Commonwealth to administer an oath that he will faithfully and impartially ascertain the amount of just compensation to which a party is entitled.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13198,"edition_id":1,"name":"Provisions Applicable to Determinations of Just Compensation","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":13197,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":189677,"object_type":"structure","relational_id":13198,"identifier":"6","token":"25.1\/2\/6","url":"\/25.1\/2\/6\/","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":84213,"structure_id":13198,"section_number":"25.1-230","catch_line":"Measure of just compensation; oaths of members of body determining just compensation","url":"\/25.1-230\/","token":"25.1\/2\/6\/25.1-230","metadata":false},{"id":54209,"structure_id":13198,"section_number":"25.1-230.1","catch_line":"(See Editor's Note) Lost access and lost profits","url":"\/25.1-230.1\/","token":"25.1\/2\/6\/25.1-230.1","metadata":false},{"id":73166,"structure_id":13198,"section_number":"25.1-231","catch_line":"View of property","url":"\/25.1-231\/","token":"25.1\/2\/6\/25.1-231","metadata":false},{"id":74875,"structure_id":13198,"section_number":"25.1-232","catch_line":"Testimony on issues; report on just compensation","url":"\/25.1-232\/","token":"25.1\/2\/6\/25.1-232","metadata":false},{"id":65942,"structure_id":13198,"section_number":"25.1-233","catch_line":"Confirmation of report; exceptions to report","url":"\/25.1-233\/","token":"25.1\/2\/6\/25.1-233","metadata":false},{"id":80563,"structure_id":13198,"section_number":"25.1-234","catch_line":"Participation by certain tenants in proceedings to determine just compensation","url":"\/25.1-234\/","token":"25.1\/2\/6\/25.1-234","metadata":false},{"id":63072,"structure_id":13198,"section_number":"25.1-235","catch_line":"Compensation of commissioners or jurors","url":"\/25.1-235\/","token":"25.1\/2\/6\/25.1-235","metadata":false},{"id":57787,"structure_id":13198,"section_number":"25.1-236","catch_line":"Contracts made part of report","url":"\/25.1-236\/","token":"25.1\/2\/6\/25.1-236","metadata":false}],"next_section":{"id":54209,"structure_id":13198,"section_number":"25.1-230.1","catch_line":"(See Editor's Note) Lost access and lost profits","url":"\/25.1-230.1\/","token":"25.1\/2\/6\/25.1-230.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-230\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 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 1968, chapter 535; in 1973, chapter 510; in 1974, chapter 625; in 1975, chapter 551; in 1991, chapter 520; in 1993, chapter 906; in 1997, chapter 58<\/a>; in 2000, chapter 1029<\/a>; in 2003, chapter 940<\/a>; in 2019, chapter 788<\/a>.<\/p>","references":[{"id":54370,"section_number":"25.1-206","catch_line":"Petition for condemnation","order_by":null,"url":"\/25.1-206\/"},{"id":54209,"section_number":"25.1-230.1","catch_line":"(See Editor's Note) Lost access and lost profits","order_by":null,"url":"\/25.1-230.1\/"}],"refers_to":false,"permalink":{"id":189679,"object_type":"law","relational_id":84213,"identifier":"25.1-230","token":"25.1\/2\/6\/25.1-230","url":"\/25.1-230\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-230\/","token":"25.1\/2\/6\/25.1-230","dublin_core":{"Title":"Measure of just compensation; oaths of members of body determining just compensation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-230","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The body determining just compensation<\/span> shall ascertain (i) the value of the property<\/span> to be taken and (ii) the damages<\/span>, if any, that may accrue to the residue beyond the specific enhancement in value, if any, to such residue caused by the taking and public use of the property<\/span> for which it is condemned. Such enhancement in value shall not be offset against the value of the property<\/span> taken, and if such enhancement in value exceeds the damages<\/span>, there shall be no recovery against the landowner for such excess.\n\t\t\tIn determining the market value of the property<\/span> before the taking, the body determining just compensation<\/span> may consider everything a buyer and seller in the marketplace would reasonably consider, but may not consider any increase or decrease in the fair market value of the property<\/span> caused by the public use for which the property<\/span> is being acquired, or by the likelihood that the property<\/span> would be acquired for such public use, other than that due to physical deterioration within the reasonable control of the owner<\/span>.\n\t\t\tIn determining the market value of the residue after the taking, the body determining just compensation<\/span> may consider everything a buyer and seller in the marketplace would reasonably consider, including the public use for which the property<\/span> is being acquired, but may not consider any general enhancement the residue experiences in common with surrounding properties as a result of the public use.\n\t\t\tNothing in this subsection shall make evidence<\/span> of tax assessments admissible<\/span> as proof of value in an eminent domain proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Before executing their duties, each member of the body determining just compensation<\/span> shall take an oath<\/span> before an officer authorized by the laws<\/span> of the Commonwealth to administer an oath<\/span> that he will faithfully and impartially ascertain the amount of just compensation to which a party<\/span> is entitled. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMEASURE OF JUST COMPENSATION; OATHS OF MEMBERS OF BODY DETERMINING JUST\nCOMPENSATION (\u00a7 25.1-230)\n\nA. The body determining just compensation shall ascertain (i) the value of the\nproperty to be taken and (ii) the damages, if any, that may accrue to the\nresidue beyond the specific enhancement in value, if any, to such residue caused\nby the taking and public use of the property for which it is condemned. Such\nenhancement in value shall not be offset against the value of the property\ntaken, and if such enhancement in value exceeds the damages, there shall be no\nrecovery against the landowner for such excess.\n\t\t\tIn determining the market value of the property before the taking, the body\ndetermining just compensation may consider everything a buyer and seller in the\nmarketplace would reasonably consider, but may not consider any increase or\ndecrease in the fair market value of the property caused by the public use for\nwhich the property is being acquired, or by the likelihood that the property\nwould be acquired for such public use, other than that due to physical\ndeterioration within the reasonable control of the owner.\n\t\t\tIn determining the market value of the residue after the taking, the body\ndetermining just compensation may consider everything a buyer and seller in the\nmarketplace would reasonably consider, including the public use for which the\nproperty is being acquired, but may not consider any general enhancement the\nresidue experiences in common with surrounding properties as a result of the\npublic use.\n\t\t\tNothing in this subsection shall make evidence of tax assessments admissible\nas proof of value in an eminent domain proceeding.\n\nB. Before executing their duties, each member of the body determining just\ncompensation shall take an oath before an officer authorized by the laws of the\nCommonwealth to administer an oath that he will faithfully and impartially\nascertain the amount of just compensation to which a party is entitled.\n\nHISTORY: Code 1919, \u00a7\u00a7 4366, 4367; 1928, p. 334; 1948, p. 168; Code 1950, \u00a7\u00a7\n25-12, 25-16; 1962, c. 426, \u00a7 25-46.20; 1968, c. 535; 1973, c. 510; 1974, c.\n625; 1975, c. 551; 1991, c. 520; 1993, c. 906; 1997, c. 58; 2000, c. 1029; 2003,\nc. 940; 2019, c. 788.","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}}