{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-318.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-318.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-318.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-318.html"}],"law_id":69597,"edition_id":1,"section_id":69597,"structure_id":15046,"section_number":"25.1-318","catch_line":"Petition by owner for determination of just compensation","history":"2003, c. 940; 2006, c. 586; 2010, c. 835; 2017, c. 593; 2022, c. 735; 2025, c. 617.","full_text":"A\n\nThe owner of property that an authorized condemnor has entered and taken possession of, or taken defeasible title of, pursuant to the provisions of this chapter may petition the circuit court of the locality in which the greater portion of the property lies for the appointment of commissioners or the empanelment of a jury to determine just compensation for the property taken and damages done, if any, to such property, as provided in Chapter 2 (\u00a7 25.1-200 et seq.) if (i) the owner and the authorized condemnor have not reached an agreement as to compensation and damages, if any, and (ii) the authorized condemnor:1\n\nHas not completed the construction of the contemplated improvements upon the property after a reasonable time for such construction has elapsed; or2\n\nHas not instituted condemnation proceedings within:\n\t\t\t\ta. Sixty days after completion of the construction of the contemplated improvements upon the property;\n\t\t\t\tb. One hundred days after the authorized condemnor has entered upon and taken possession of the property, regardless of whether the construction of the contemplated improvements has been completed; or\n\t\t\t\tc. One hundred days after the recordation of a certificate.B\n\nA copy of such petition shall be served upon the authorized condemnor at least 10 days before it is filed in the court. The authorized condemnor shall file an answer thereto within five days after the filing of the petition. If the court finds that the conditions prerequisite for such appointment as provided in subsection A are satisfied, the court shall appoint commissioners or empanel a jury, as requested in the owner’s petition, to ascertain the amount of compensation to be paid for the property taken and damages done, if any. The proceedings shall thereafter be governed by the procedure prescribed by Chapter 2 (§ 25.1-200 et seq.) insofar as the same may be applicable, except that the owner shall have the burden of proceeding with the evidence as to just compensation. The authorized condemnor shall reimburse the owner for his fees and costs, including filing fees and attorney fees, incurred in filing the owner’s petition.","order_by":null,"text":{"0":{"id":251595,"text":"The owner of property that an authorized condemnor has entered and taken possession of, or taken defeasible title of, pursuant to the provisions of this chapter may petition the circuit court of the locality in which the greater portion of the property lies for the appointment of commissioners or the empanelment of a jury to determine just compensation for the property taken and damages done, if any, to such property, as provided in Chapter 2 (\u00a7 25.1-200 et seq.) if (i) the owner and the authorized condemnor have not reached an agreement as to compensation and damages, if any, and (ii) the authorized condemnor:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":251596,"text":"Has not completed the construction of the contemplated improvements upon the property after a reasonable time for such construction has elapsed; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":251597,"text":"Has not instituted condemnation proceedings within:\n\t\t\t\ta. Sixty days after completion of the construction of the contemplated improvements upon the property;\n\t\t\t\tb. One hundred days after the authorized condemnor has entered upon and taken possession of the property, regardless of whether the construction of the contemplated improvements has been completed; or\n\t\t\t\tc. One hundred days after the recordation of a certificate.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":251598,"text":"A copy of such petition shall be served upon the authorized condemnor at least 10 days before it is filed in the court. The authorized condemnor shall file an answer thereto within five days after the filing of the petition. If the court finds that the conditions prerequisite for such appointment as provided in subsection A are satisfied, the court shall appoint commissioners or empanel a jury, as requested in the owner’s petition, to ascertain the amount of compensation to be paid for the property taken and damages done, if any. The proceedings shall thereafter be governed by the procedure prescribed by Chapter 2 (§ 25.1-200 et seq.) insofar as the same may be applicable, except that the owner shall have the burden of proceeding with the evidence as to just compensation. The authorized condemnor shall reimburse the owner for his fees and costs, including filing fees and attorney fees, incurred in filing the owner’s petition.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2"}},"ancestry":[{"id":15046,"edition_id":1,"name":"Transferring Defeasible Title by Certificate","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":13196,"metadata":{},"date_created":"2026-06-26 03:51:44","date_modified":"2026-06-26 03:51:44","permalink":{"id":189783,"object_type":"structure","relational_id":15046,"identifier":"3","token":"25.1\/3","url":"\/25.1\/3\/","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":83870,"structure_id":15046,"section_number":"25.1-300","catch_line":"Definitions","url":"\/25.1-300\/","token":"25.1\/3\/25.1-300","metadata":false},{"id":75789,"structure_id":15046,"section_number":"25.1-301","catch_line":"Applicability of chapter; purpose","url":"\/25.1-301\/","token":"25.1\/3\/25.1-301","metadata":false},{"id":75570,"structure_id":15046,"section_number":"25.1-302","catch_line":"Protection of property","url":"\/25.1-302\/","token":"25.1\/3\/25.1-302","metadata":false},{"id":60232,"structure_id":15046,"section_number":"25.1-303","catch_line":"Effort to acquire property by purchase","url":"\/25.1-303\/","token":"25.1\/3\/25.1-303","metadata":false},{"id":82652,"structure_id":15046,"section_number":"25.1-304","catch_line":"Authority to take possession and title to property","url":"\/25.1-304\/","token":"25.1\/3\/25.1-304","metadata":false},{"id":63540,"structure_id":15046,"section_number":"25.1-305","catch_line":"Authorized condemnor to make payment into court or file certificate of deposit before entering upon land","url":"\/25.1-305\/","token":"25.1\/3\/25.1-305","metadata":false},{"id":57361,"structure_id":15046,"section_number":"25.1-306","catch_line":"Notice of intent to file certificate","url":"\/25.1-306\/","token":"25.1\/3\/25.1-306","metadata":false},{"id":79293,"structure_id":15046,"section_number":"25.1-307","catch_line":"Content of certificates; recordation of certificates","url":"\/25.1-307\/","token":"25.1\/3\/25.1-307","metadata":false},{"id":63988,"structure_id":15046,"section_number":"25.1-308","catch_line":"Effect of recordation of certificate; transfer of title or interest in property","url":"\/25.1-308\/","token":"25.1\/3\/25.1-308","metadata":false},{"id":81330,"structure_id":15046,"section_number":"25.1-309","catch_line":"Property situated in two or more localities","url":"\/25.1-309\/","token":"25.1\/3\/25.1-309","metadata":false},{"id":60524,"structure_id":15046,"section_number":"25.1-310","catch_line":"Proceedings for distribution of funds","url":"\/25.1-310\/","token":"25.1\/3\/25.1-310","metadata":false},{"id":83814,"structure_id":15046,"section_number":"25.1-311","catch_line":"Effect of acceptance of payments; evidence as to amount of deposit or certificate","url":"\/25.1-311\/","token":"25.1\/3\/25.1-311","metadata":false},{"id":79895,"structure_id":15046,"section_number":"25.1-312","catch_line":"Reformation, alteration, revision, amendment, or invalidation of certificate","url":"\/25.1-312\/","token":"25.1\/3\/25.1-312","metadata":false},{"id":72280,"structure_id":15046,"section_number":"25.1-313","catch_line":"Institution of condemnation proceedings","url":"\/25.1-313\/","token":"25.1\/3\/25.1-313","metadata":false},{"id":67118,"structure_id":15046,"section_number":"25.1-314","catch_line":"Order confirming award; recordation","url":"\/25.1-314\/","token":"25.1\/3\/25.1-314","metadata":false},{"id":70370,"structure_id":15046,"section_number":"25.1-315","catch_line":"Awards in greater amounts than deposit; interest","url":"\/25.1-315\/","token":"25.1\/3\/25.1-315","metadata":false},{"id":67492,"structure_id":15046,"section_number":"25.1-316","catch_line":"Awards in lesser amounts than deposit; interest","url":"\/25.1-316\/","token":"25.1\/3\/25.1-316","metadata":false},{"id":62993,"structure_id":15046,"section_number":"25.1-317","catch_line":"Agreements as to compensation; petition and order of court thereon; disposition of funds","url":"\/25.1-317\/","token":"25.1\/3\/25.1-317","metadata":false},{"id":69597,"structure_id":15046,"section_number":"25.1-318","catch_line":"Petition by owner for determination of just compensation","url":"\/25.1-318\/","token":"25.1\/3\/25.1-318","metadata":false},{"id":62847,"structure_id":15046,"section_number":"25.1-319","catch_line":"Certificates of completion","url":"\/25.1-319\/","token":"25.1\/3\/25.1-319","metadata":false}],"previous_section":{"id":62993,"structure_id":15046,"section_number":"25.1-317","catch_line":"Agreements as to compensation; petition and order of court thereon; disposition of funds","url":"\/25.1-317\/","token":"25.1\/3\/25.1-317","metadata":false},"next_section":{"id":62847,"structure_id":15046,"section_number":"25.1-319","catch_line":"Certificates of completion","url":"\/25.1-319\/","token":"25.1\/3\/25.1-319","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-318\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 940<\/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 5 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 2006, chapter 586<\/a>; in 2010, chapter 835<\/a>; in 2017, chapter 593<\/a>; in 2022, chapter 735<\/a>; in 2025, chapter 617<\/a>.<\/p>","references":false,"refers_to":[{"id":62316,"section_number":"25.1-200","catch_line":"Chapter controls condemnation proceedings","order_by":null,"url":"\/25.1-200\/"}],"permalink":{"id":189857,"object_type":"law","relational_id":69597,"identifier":"25.1-318","token":"25.1\/3\/25.1-318","url":"\/25.1-318\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-318\/","token":"25.1\/3\/25.1-318","dublin_core":{"Title":"Petition by owner for determination of just compensation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-318","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The owner<\/span> of property<\/span> that an authorized condemnor<\/span> has entered and taken possession<\/span> of, or taken defeasible title of, pursuant to the provisions of this chapter may petition<\/span> the circuit<\/span> court<\/span> of the locality<\/span> in which the greater portion of the property<\/span> lies for the appointment of commissioners or the empanelment of a jury<\/span> to determine just compensation for the property<\/span> taken and damages<\/span> done, if any, to such property<\/span>, as provided in Chapter 2 (\u00a7 25.1-200<\/a> et seq.) if (i) the owner<\/span> and the authorized condemnor<\/span> have not reached an agreement as to compensation and damages<\/span>, if any, and (ii) the authorized condemnor<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Has not completed the construction of the contemplated improvements upon the property<\/span> after a reasonable time for such construction has elapsed; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Has not instituted condemnation proceedings within:\n\t\t\t\ta. Sixty days after completion of the construction of the contemplated improvements upon the property<\/span>;\n\t\t\t\tb. One hundred days after the authorized condemnor<\/span> has entered upon and taken possession<\/span> of the property<\/span>, regardless of whether the construction of the contemplated improvements has been completed; or\n\t\t\t\tc. One hundred days after the recordation of a certificate<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A copy of such petition<\/span> shall be served upon the authorized condemnor<\/span> at least 10 days before it is filed in the court<\/span>. The authorized condemnor<\/span> shall file an answer thereto within five days after the filing of the petition<\/span>. If the court<\/span> finds that the conditions prerequisite for such appointment as provided in subsection A are satisfied, the court<\/span> shall appoint commissioners or empanel a jury<\/span>, as requested in the owner<\/span>’s petition<\/span>, to ascertain the amount of compensation to be paid for the property<\/span> taken and damages<\/span> done, if any. The proceedings shall thereafter be governed by the procedure prescribed by Chapter 2 (§ 25.1-200<\/a> et seq.) insofar as the same may be applicable, except that the owner<\/span> shall have the burden of proceeding with the evidence<\/span> as to just compensation. The authorized condemnor<\/span> shall reimburse the owner<\/span> for his fees and costs, including filing fees and attorney fees, incurred in filing the owner<\/span>’s petition<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPETITION BY OWNER FOR DETERMINATION OF JUST COMPENSATION (\u00a7 25.1-318)\n\nA. The owner of property that an authorized condemnor has entered and taken\npossession of, or taken defeasible title of, pursuant to the provisions of this\nchapter may petition the circuit court of the locality in which the greater\nportion of the property lies for the appointment of commissioners or the\nempanelment of a jury to determine just compensation for the property taken and\ndamages done, if any, to such property, as provided in Chapter 2 (\u00a7 25.1-200 et\nseq.) if (i) the owner and the authorized condemnor have not reached an\nagreement as to compensation and damages, if any, and (ii) the authorized\ncondemnor:\n\n 1. Has not completed the construction of the contemplated improvements upon\n the property after a reasonable time for such construction has elapsed; or\n\n 2. Has not instituted condemnation proceedings within:\n \t\t\t\ta. Sixty days after completion of the construction of the contemplated\n improvements upon the property;\n \t\t\t\tb. One hundred days after the authorized condemnor has entered upon and\n taken possession of the property, regardless of whether the construction of\n the contemplated improvements has been completed; or\n \t\t\t\tc. One hundred days after the recordation of a certificate.\n\nB. A copy of such petition shall be served upon the authorized condemnor at\nleast 10 days before it is filed in the court. The authorized condemnor shall\nfile an answer thereto within five days after the filing of the petition. If the\ncourt finds that the conditions prerequisite for such appointment as provided in\nsubsection A are satisfied, the court shall appoint commissioners or empanel a\njury, as requested in the owner’s petition, to ascertain the amount of\ncompensation to be paid for the property taken and damages done, if any. The\nproceedings shall thereafter be governed by the procedure prescribed by Chapter\n2 (§ 25.1-200 et seq.) insofar as the same may be applicable, except that\nthe owner shall have the burden of proceeding with the evidence as to just\ncompensation. The authorized condemnor shall reimburse the owner for his fees\nand costs, including filing fees and attorney fees, incurred in filing the\nowner’s petition.\n\nHISTORY: 2003, c. 940; 2006, c. 586; 2010, c. 835; 2017, c. 593; 2022, c. 735;\n2025, 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}}