{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-245.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-245.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-245.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-245.1.html"}],"law_id":84034,"edition_id":1,"section_id":84034,"structure_id":14280,"section_number":"25.1-245.1","catch_line":"Costs","history":"2016, c. 713; 2020, c. 1244; 2022, c. 735; 2025, c. 617.","full_text":"A\n\nExcept as otherwise provided in this chapter, all costs of the proceeding in the trial court that are fixed by statute shall be taxed against the condemnor.B\n\nThe court shall order the condemnor to pay to the owner reasonable costs and fees, not to exceed $7,500, unless the court approves a higher amount, for a survey for the owner.C\n\nIf an owner whose property is taken by condemnation under this title or under Title 33.2 is awarded at trial, as compensation for the taking of or damage to his real property, an amount that is 25 percent or more greater than the amount of the condemnor’s initial written offer made pursuant to § 25.1-204, the court may order the condemnor to pay to the owner those (i) reasonable costs, other than attorney fees, and (ii) reasonable fees and travel costs, including reasonable appraisal and engineering fees incurred by the owner, for up to three experts or as many experts as are called by the condemnor, whichever is greater, who testified at trial.D\n\nAll costs on appeal shall be assessed and assessable in the manner provided by law and the Rules of Court as in other civil cases.E\n\nThe requirements of this section shall not apply to those condemnation actions initiated by a public service company, public service corporation, railroad pursuant to the delegation of the power of eminent domain granted in Title 56, or government utility corporation as defined by § 1-219.1 in which no property is taken in fee simple and just compensation is determined to be less than $10,000.F\n\nThis section is to be liberally construed to effect its purpose of ensuring that owners receive the full measure of just compensation to which they are constitutionally entitled, without that amount being reduced by the costs of asserting their constitutional right to just compensation.","order_by":null,"text":{"0":{"id":301159,"text":"Except as otherwise provided in this chapter, all costs of the proceeding in the trial court that are fixed by statute shall be taxed against the condemnor.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":301160,"text":"The court shall order the condemnor to pay to the owner reasonable costs and fees, not to exceed $7,500, unless the court approves a higher amount, for a survey for the owner.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":301161,"text":"If an owner whose property is taken by condemnation under this title or under Title 33.2 is awarded at trial, as compensation for the taking of or damage to his real property, an amount that is 25 percent or more greater than the amount of the condemnor’s initial written offer made pursuant to § 25.1-204, the court may order the condemnor to pay to the owner those (i) reasonable costs, other than attorney fees, and (ii) reasonable fees and travel costs, including reasonable appraisal and engineering fees incurred by the owner, for up to three experts or as many experts as are called by the condemnor, whichever is greater, who testified at trial.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":301162,"text":"All costs on appeal shall be assessed and assessable in the manner provided by law and the Rules of Court as in other civil cases.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":301163,"text":"The requirements of this section shall not apply to those condemnation actions initiated by a public service company, public service corporation, railroad pursuant to the delegation of the power of eminent domain granted in Title 56, or government utility corporation as defined by § 1-219.1 in which no property is taken in fee simple and just compensation is determined to be less than $10,000.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":301164,"text":"This section is to be liberally construed to effect its purpose of ensuring that owners receive the full measure of just compensation to which they are constitutionally entitled, without that amount being reduced by the costs of asserting their constitutional right to just compensation.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14280,"edition_id":1,"name":"Judgment and Post-Judgment Procedure","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":13197,"metadata":{},"date_created":"2026-06-26 03:47:35","date_modified":"2026-06-26 03:47:35","permalink":{"id":189711,"object_type":"structure","relational_id":14280,"identifier":"7","token":"25.1\/2\/7","url":"\/25.1\/2\/7\/","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":86229,"structure_id":14280,"section_number":"25.1-237","catch_line":"Payment of compensation and damages into court; vesting of title","url":"\/25.1-237\/","token":"25.1\/2\/7\/25.1-237","metadata":false},{"id":60686,"structure_id":14280,"section_number":"25.1-238","catch_line":"Petitioner may begin work during pendency of proceedings; injunction prohibited","url":"\/25.1-238\/","token":"25.1\/2\/7\/25.1-238","metadata":false},{"id":69530,"structure_id":14280,"section_number":"25.1-239","catch_line":"Finality of order confirming, altering or modifying report; appeal","url":"\/25.1-239\/","token":"25.1\/2\/7\/25.1-239","metadata":false},{"id":85738,"structure_id":14280,"section_number":"25.1-240","catch_line":"Distribution of money paid into court","url":"\/25.1-240\/","token":"25.1\/2\/7\/25.1-240","metadata":false},{"id":55546,"structure_id":14280,"section_number":"25.1-241","catch_line":"Hearing on controversy among claimants to money paid into court","url":"\/25.1-241\/","token":"25.1\/2\/7\/25.1-241","metadata":false},{"id":59333,"structure_id":14280,"section_number":"25.1-242","catch_line":"Appointment of other body to determine just compensation when new trial ordered; costs of new trial","url":"\/25.1-242\/","token":"25.1\/2\/7\/25.1-242","metadata":false},{"id":62353,"structure_id":14280,"section_number":"25.1-243","catch_line":"Withdrawal pendente lite of money paid into court","url":"\/25.1-243\/","token":"25.1\/2\/7\/25.1-243","metadata":false},{"id":85598,"structure_id":14280,"section_number":"25.1-244","catch_line":"Interest on award; entry of judgment for award and interest","url":"\/25.1-244\/","token":"25.1\/2\/7\/25.1-244","metadata":false},{"id":61579,"structure_id":14280,"section_number":"25.1-245","catch_line":"Repealed","url":"\/25.1-245\/","token":"25.1\/2\/7\/25.1-245","metadata":false},{"id":84034,"structure_id":14280,"section_number":"25.1-245.1","catch_line":"Costs","url":"\/25.1-245.1\/","token":"25.1\/2\/7\/25.1-245.1","metadata":false},{"id":60692,"structure_id":14280,"section_number":"25.1-246","catch_line":"When sheriff to remove forcible resistance to 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This law was first created in 2016. The record of its establishment is cataloged in chapter 713<\/a> 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. It has been modified 3 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 2020, chapter 1244<\/a>; in 2022, chapter 735<\/a>; in 2025, chapter 617<\/a>.<\/p>","references":false,"refers_to":[{"id":59000,"section_number":"1-219.1","catch_line":"Limitations on eminent domain","order_by":null,"url":"\/1-219.1\/"},{"id":64662,"section_number":"25.1-204","catch_line":"Effort to purchase required; prerequisite to effort to purchase or filing certificate","order_by":null,"url":"\/25.1-204\/"}],"permalink":{"id":189749,"object_type":"law","relational_id":84034,"identifier":"25.1-245.1","token":"25.1\/2\/7\/25.1-245.1","url":"\/25.1-245.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-245.1\/","token":"25.1\/2\/7\/25.1-245.1","dublin_core":{"Title":"Costs","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-245.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in this chapter, all costs of the proceeding in the trial<\/span> court<\/span> that are fixed by statute<\/span> shall be taxed against the condemnor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> shall order<\/span> the condemnor<\/span> to pay to the owner<\/span> reasonable costs and fees, not to exceed $7,500, unless the court<\/span> approves a higher amount, for a survey for the owner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If an owner<\/span> whose property<\/span> is taken by condemnation under this title or under Title 33.2 is awarded at trial<\/span>, as compensation for the taking of or damage to his real property<\/span>, an amount that is 25 percent or more greater than the amount of the condemnor<\/span>’s initial written offer made pursuant to § 25.1-204<\/a>, the court<\/span> may order<\/span> the condemnor<\/span> to pay to the owner<\/span> those (i) reasonable costs, other than attorney fees, and (ii) reasonable fees and travel costs, including reasonable appraisal<\/span> and engineering fees incurred by the owner<\/span>, for up to three experts or as many experts as are called by the condemnor<\/span>, whichever is greater, who testified at trial<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> All costs on appeal<\/span> shall be assessed and assessable in the manner provided by law<\/span> and the Rules of Court<\/span> as in other civil cases. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The requirements of this section shall not apply to those condemnation actions initiated by a public service company, public service corporation, railroad pursuant to the delegation of the power of eminent domain granted in Title 56, or government utility corporation as defined by § 1-219.1<\/a> in which no property<\/span> is taken in fee simple and just compensation is determined to be less than $10,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> This section is to be liberally construed to effect its purpose of ensuring that owners<\/span> receive the full measure of just compensation to which they are constitutionally entitled, without that amount being reduced by the costs of asserting their constitutional right to just compensation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOSTS (\u00a7 25.1-245.1)\n\nA. Except as otherwise provided in this chapter, all costs of the proceeding in\nthe trial court that are fixed by statute shall be taxed against the condemnor.\n\nB. The court shall order the condemnor to pay to the owner reasonable costs and\nfees, not to exceed $7,500, unless the court approves a higher amount, for a\nsurvey for the owner.\n\nC. If an owner whose property is taken by condemnation under this title or under\nTitle 33.2 is awarded at trial, as compensation for the taking of or damage to\nhis real property, an amount that is 25 percent or more greater than the amount\nof the condemnor’s initial written offer made pursuant to § 25.1-204,\nthe court may order the condemnor to pay to the owner those (i) reasonable\ncosts, other than attorney fees, and (ii) reasonable fees and travel costs,\nincluding reasonable appraisal and engineering fees incurred by the owner, for\nup to three experts or as many experts as are called by the condemnor, whichever\nis greater, who testified at trial.\n\nD. All costs on appeal shall be assessed and assessable in the manner provided\nby law and the Rules of Court as in other civil cases.\n\nE. The requirements of this section shall not apply to those condemnation\nactions initiated by a public service company, public service corporation,\nrailroad pursuant to the delegation of the power of eminent domain granted in\nTitle 56, or government utility corporation as defined by § 1-219.1 in\nwhich no property is taken in fee simple and just compensation is determined to\nbe less than $10,000.\n\nF. This section is to be liberally construed to effect its purpose of ensuring\nthat owners receive the full measure of just compensation to which they are\nconstitutionally entitled, without that amount being reduced by the costs of\nasserting their constitutional right to just compensation.\n\nHISTORY: 2016, c. 713; 2020, c. 1244; 2022, c. 735; 2025, c. 617.","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}}