{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-400.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-400.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-400.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-400.html"}],"law_id":79365,"edition_id":1,"section_id":79365,"structure_id":16119,"section_number":"25.1-400","catch_line":"Definitions","history":"Code 1950, \u00a7\u00a7 33-75.02, 33.1-132.2; 1970, c. 40, \u00a7 25-238; 1972, c. 738; 1989, c. 714; 2000, c. 851; 2002, c. 878; 2003, c. 940; 2011, cc. 117, 190; 2023, cc. 148, 149.","full_text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Business” means any lawful activity, except a farm operation, conducted primarily:\n\n1\n\nFor the purchase, sale, lease and rental of personal and of real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;2\n\nFor the sale of services to the public;3\n\nBy a nonprofit organization; or4\n\nSolely for the purposes of § 25.1-406, for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted.\n\t\t\t“Comparable replacement dwelling” means any dwelling that is (i) decent, safe and sanitary; (ii) adequate in size to accommodate the occupants; (iii) within the financial means of the displaced person; (iv) functionally equivalent; (v) in an area not subject to unreasonable adverse environmental conditions; and (vi) in a location generally not less desirable than the location of the displaced person’s dwelling with respect to public utilities, facilities, services and the displaced person’s place of employment.\n\t\t\t“Decent, safe, and sanitary dwelling” means a dwelling that:1\n\nIs structurally sound, weather tight and in good repair;2\n\nHas a safe electrical wiring system adequate for lighting and appliances;3\n\nContains a heating system capable of maintaining a healthful temperature;4\n\nIs adequate in size with respect to the number of rooms and area of living space needed to accommodate the displaced household;5\n\nHas a separate, well-lighted and ventilated bathroom that provides privacy to the user and contains sink, toilet, and bathing facilities (shower or bath, or both), all operational and connected to a functional water and sewer disposal system;6\n\nProvides unobstructed egress to safe open space at ground level. If the unit is above the first floor and served by a common corridor, there must be two means of egress; and7\n\nIs free of barriers to egress, ingress, and use by a displaced person with a disability.\n\t\t\t“Displaced person” means:1\n\nAny person who moves from real property, or moves his personal property from real property (i) as a direct result of a written notice of intent to acquire or the acquisition of such real property, in whole or in part, for any program or project undertaken by a state agency or (ii) on which such person is a residential tenant or conducts a small business, a farm operation or a business described in clause 4 of the definition of “business” in this section as a direct result of rehabilitation, demolition, or other displacing activity as the state agency may prescribe, under a program or project undertaken by the state agency in any case in which the state agency determines that such displacement is permanent;2\n\nSolely for the purposes of §§ 25.1-406, 25.1-407, and 25.1-411, any person who moves from real property, or moves his personal property from real property: (i) as a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which such person conducts a business or farm operation, for a program or project undertaken by a state agency or (ii) as a direct result of rehabilitation, demolition, or other displacing activity as the state agency may prescribe, of other real property on which such person conducts a business or farm operation, under a program or project undertaken by the state agency in any case in which the state agency determines that such displacement is permanent; and3\n\nAny person who moves or discontinues his business or moves other personal property, or moves from his dwelling, as the direct result of (i) federally assisted activities for the enforcement of a building code or other similar code or (ii) a program of rehabilitation or demolition of buildings conducted pursuant to a federally assisted governmental program.\n\t\t\tThe term “displaced person” does not include (i) a person who has been determined, according to criteria established by the state agency, to be either in unlawful occupancy of the displacement dwelling or to have occupied such dwelling for the purpose of obtaining assistance under this chapter or (ii) in any case where the state agency acquires property for a program or project, any person, other than a person who was an occupant of the property at the time it was acquired, who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project.\n\t\t\t“Dwelling” means the place of permanent or customary and usual residence of a person, according to local custom or law, including a single-family house, a single family unit in a two-family, multi-family, or multi-purpose property; a unit of a condominium or cooperative housing project; a nonhousekeeping unit; a mobile home; or any other residential unit.\n\t\t\t“Farm operation” means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator’s support.\n\t\t\t“Mortgage” means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, together with the credit instruments, if any, secured thereby.\n\t\t\t“Nonprofit organization” means an organization that is exempt from paying federal income taxes under § 501 of the Internal Revenue Code (26 U.S.C. § 501).\n\t\t\t“Person” means any (i) individual or (ii) partnership, corporation, limited liability company, association, or other business entity.\n\t\t\t“Uneconomic remnant” means a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner’s property and which the state agency has determined has little or no value or utility to the owner.","order_by":null,"text":{"0":{"id":284121,"text":"As used in this chapter, unless the context requires a different meaning:\n\t\t“Business” means any lawful activity, except a farm operation, conducted primarily:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":284122,"text":"For the purchase, sale, lease and rental of personal and of real property, and for the manufacture, processing, or marketing of products, commodities, or any other personal property;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":284123,"text":"For the sale of services to the public;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":284124,"text":"By a nonprofit organization; or","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":284125,"text":"Solely for the purposes of § 25.1-406, for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted.\n\t\t\t“Comparable replacement dwelling” means any dwelling that is (i) decent, safe and sanitary; (ii) adequate in size to accommodate the occupants; (iii) within the financial means of the displaced person; (iv) functionally equivalent; (v) in an area not subject to unreasonable adverse environmental conditions; and (vi) in a location generally not less desirable than the location of the displaced person’s dwelling with respect to public utilities, facilities, services and the displaced person’s place of employment.\n\t\t\t“Decent, safe, and sanitary dwelling” means a dwelling that:","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"1"},"5":{"id":284126,"text":"Is structurally sound, weather tight and in good repair;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"4","next_prefix":"2"},"6":{"id":284127,"text":"Has a safe electrical wiring system adequate for lighting and appliances;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"7":{"id":284128,"text":"Contains a heating system capable of maintaining a healthful temperature;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"8":{"id":284129,"text":"Is adequate in size with respect to the number of rooms and area of living space needed to accommodate the displaced household;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"9":{"id":284130,"text":"Has a separate, well-lighted and ventilated bathroom that provides privacy to the user and contains sink, toilet, and bathing facilities (shower or bath, or both), all operational and connected to a functional water and sewer disposal system;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"10":{"id":284131,"text":"Provides unobstructed egress to safe open space at ground level. If the unit is above the first floor and served by a common corridor, there must be two means of egress; and","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"11":{"id":284132,"text":"Is free of barriers to egress, ingress, and use by a displaced person with a disability.\n\t\t\t“Displaced person” means:","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"1"},"12":{"id":284133,"text":"Any person who moves from real property, or moves his personal property from real property (i) as a direct result of a written notice of intent to acquire or the acquisition of such real property, in whole or in part, for any program or project undertaken by a state agency or (ii) on which such person is a residential tenant or conducts a small business, a farm operation or a business described in clause 4 of the definition of “business” in this section as a direct result of rehabilitation, demolition, or other displacing activity as the state agency may prescribe, under a program or project undertaken by the state agency in any case in which the state agency determines that such displacement is permanent;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"7","next_prefix":"2"},"13":{"id":284134,"text":"Solely for the purposes of §§ 25.1-406, 25.1-407, and 25.1-411, any person who moves from real property, or moves his personal property from real property: (i) as a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which such person conducts a business or farm operation, for a program or project undertaken by a state agency or (ii) as a direct result of rehabilitation, demolition, or other displacing activity as the state agency may prescribe, of other real property on which such person conducts a business or farm operation, under a program or project undertaken by the state agency in any case in which the state agency determines that such displacement is permanent; and","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"14":{"id":284135,"text":"Any person who moves or discontinues his business or moves other personal property, or moves from his dwelling, as the direct result of (i) federally assisted activities for the enforcement of a building code or other similar code or (ii) a program of rehabilitation or demolition of buildings conducted pursuant to a federally assisted governmental program.\n\t\t\tThe term “displaced person” does not include (i) a person who has been determined, according to criteria established by the state agency, to be either in unlawful occupancy of the displacement dwelling or to have occupied such dwelling for the purpose of obtaining assistance under this chapter or (ii) in any case where the state agency acquires property for a program or project, any person, other than a person who was an occupant of the property at the time it was acquired, who occupies such property on a rental basis for a short term or a period subject to termination when the property is needed for the program or project.\n\t\t\t“Dwelling” means the place of permanent or customary and usual residence of a person, according to local custom or law, including a single-family house, a single family unit in a two-family, multi-family, or multi-purpose property; a unit of a condominium or cooperative housing project; a nonhousekeeping unit; a mobile home; or any other residential unit.\n\t\t\t“Farm operation” means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator’s support.\n\t\t\t“Mortgage” means such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, together with the credit instruments, if any, secured thereby.\n\t\t\t“Nonprofit organization” means an organization that is exempt from paying federal income taxes under § 501 of the Internal Revenue Code (26 U.S.C. § 501).\n\t\t\t“Person” means any (i) individual or (ii) partnership, corporation, limited liability company, association, or other business entity.\n\t\t\t“Uneconomic remnant” means a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner’s property and which the state agency has determined has little or no value or utility to the owner.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"ancestry":[{"id":16119,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13536,"metadata":{},"date_created":"2026-06-26 04:06:26","date_modified":"2026-06-26 04:06:26","permalink":{"id":189867,"object_type":"structure","relational_id":16119,"identifier":"1","token":"25.1\/4\/1","url":"\/25.1\/4\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13536,"edition_id":1,"name":"Relocation Assistance and Real Property Acquisition Policies","identifier":"4","label":"chapter","depth":2,"order_by":1,"parent_id":13196,"metadata":{},"date_created":"2026-06-26 03:45:09","date_modified":"2026-06-26 03:45:09","permalink":{"id":189865,"object_type":"structure","relational_id":13536,"identifier":"4","token":"25.1\/4","url":"\/25.1\/4\/","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":79365,"structure_id":16119,"section_number":"25.1-400","catch_line":"Definitions","url":"\/25.1-400\/","token":"25.1\/4\/1\/25.1-400","metadata":false},{"id":63709,"structure_id":16119,"section_number":"25.1-401","catch_line":"Scope of chapter","url":"\/25.1-401\/","token":"25.1\/4\/1\/25.1-401","metadata":false},{"id":78137,"structure_id":16119,"section_number":"25.1-402","catch_line":"Rules and regulations","url":"\/25.1-402\/","token":"25.1\/4\/1\/25.1-402","metadata":false},{"id":64113,"structure_id":16119,"section_number":"25.1-403","catch_line":"Payments not considered income or resources","url":"\/25.1-403\/","token":"25.1\/4\/1\/25.1-403","metadata":false},{"id":82857,"structure_id":16119,"section_number":"25.1-404","catch_line":"Administrative payments; construction","url":"\/25.1-404\/","token":"25.1\/4\/1\/25.1-404","metadata":false},{"id":73134,"structure_id":16119,"section_number":"25.1-405","catch_line":"Funds for implementing provisions of chapter","url":"\/25.1-405\/","token":"25.1\/4\/1\/25.1-405","metadata":false}],"next_section":{"id":63709,"structure_id":16119,"section_number":"25.1-401","catch_line":"Scope of chapter","url":"\/25.1-401\/","token":"25.1\/4\/1\/25.1-401","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-400\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 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 1970, chapter 40; in 1972, chapter 738; in 1989, chapter 714; in 2000, chapter 851<\/a>; in 2002, chapter 878<\/a>; in 2003, chapter 940<\/a>; in 2011, chapters 117<\/a> and 190<\/a>; in 2023, chapters 148<\/a> and 149<\/a>.<\/p>","references":[{"id":81593,"section_number":"15.2-729","catch_line":"Relocation assistance programs","order_by":null,"url":"\/15.2-729\/"},{"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\/"},{"id":70540,"section_number":"36-106","catch_line":"Violation a misdemeanor; civil penalty","order_by":null,"url":"\/36-106\/"}],"refers_to":[{"id":67374,"section_number":"25.1-406","catch_line":"Moving and related expenses","order_by":null,"url":"\/25.1-406\/"},{"id":57603,"section_number":"25.1-407","catch_line":"Optional moving expense allowance for persons displaced from dwelling","order_by":null,"url":"\/25.1-407\/"},{"id":58526,"section_number":"25.1-411","catch_line":"Relocation planning, assistance coordination, and advisory services","order_by":null,"url":"\/25.1-411\/"}],"permalink":{"id":189869,"object_type":"law","relational_id":79365,"identifier":"25.1-400","token":"25.1\/4\/1\/25.1-400","url":"\/25.1-400\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-400\/","token":"25.1\/4\/1\/25.1-400","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-400","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this chapter, unless the context requires a different meaning:\n\t\t“Business<\/span>” means any lawful activity, except a farm operation<\/span>, conducted primarily:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> For the purchase, sale, lease and rental of personal and of real property<\/span>, and for the manufacture, processing, or marketing of products, commodities, or any other personal property<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> For the sale of services to the public; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> By a nonprofit organization<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Solely for the purposes of § 25.1-406<\/a>, for assisting in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property<\/span>, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not such display or displays are located on the premises on which any of the above activities are conducted.\n\t\t\t“Comparable replacement dwelling<\/span>” means any dwelling that is (i) decent, safe and sanitary; (ii) adequate in size to accommodate the occupants; (iii) within the financial means of the displaced person<\/span>; (iv) functionally equivalent; (v) in an area not subject to unreasonable adverse environmental conditions; and (vi) in a location generally not less desirable than the location of the displaced person<\/span>’s dwelling with respect to public utilities, facilities, services and the displaced person<\/span>’s place of employment.\n\t\t\t“Decent, safe, and sanitary dwelling<\/span>” means a dwelling that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Is structurally sound, weather tight and in good repair; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Has a safe electrical wiring system adequate for lighting and appliances; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Contains a heating system capable of maintaining a healthful temperature; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Is adequate in size with respect to the number of rooms and area of living space needed to accommodate the displaced household; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Has a separate, well-lighted and ventilated bathroom that provides privacy to the user and contains sink, toilet, and bathing facilities (shower or bath, or both), all operational and connected to a functional water and sewer disposal system; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Provides unobstructed egress to safe open space at ground level. If the unit is above the first floor and served by a common corridor, there must be two means of egress; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Is free of barriers to egress, ingress, and use by a displaced person<\/span> with a disability.\n\t\t\t“Displaced person<\/span>” means: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any person<\/span> who moves from real property<\/span>, or moves his personal property<\/span> from real property<\/span> (i) as a direct result of a written notice of intent<\/span> to acquire or the acquisition of such real property<\/span>, in whole or in part, for any program or project undertaken by a state agency<\/span> or (ii) on which such person<\/span> is a residential tenant or conducts a small business<\/span>, a farm operation<\/span> or a business<\/span> described in clause 4 of the definition of “business<\/span>” in this section as a direct result of rehabilitation, demolition, or other displacing activity as the state agency<\/span> may prescribe, under a program or project undertaken by the state agency<\/span> in any case in which the state agency<\/span> determines that such displacement is permanent; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Solely for the purposes of §§ 25.1-406<\/a>, 25.1-407<\/a>, and 25.1-411<\/a>, any person<\/span> who moves from real property<\/span>, or moves his personal property<\/span> from real property<\/span>: (i) as a direct result of a written notice of intent<\/span> to acquire or the acquisition of other real property<\/span>, in whole or in part, on which such person<\/span> conducts a business<\/span> or farm operation<\/span>, for a program or project undertaken by a state agency<\/span> or (ii) as a direct result of rehabilitation, demolition, or other displacing activity as the state agency<\/span> may prescribe, of other real property<\/span> on which such person<\/span> conducts a business<\/span> or farm operation<\/span>, under a program or project undertaken by the state agency<\/span> in any case in which the state agency<\/span> determines that such displacement is permanent; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any person<\/span> who moves or discontinues his business<\/span> or moves other personal property<\/span>, or moves from his dwelling, as the direct result of (i) federally assisted activities for the enforcement of a building code or other similar code or (ii) a program of rehabilitation or demolition of buildings conducted pursuant to a federally assisted governmental program.\n\t\t\tThe term “displaced person<\/span>” does not include (i) a person<\/span> who has been determined, according to criteria established by the state agency<\/span>, to be either in unlawful occupancy of the displacement dwelling or to have occupied such dwelling for the purpose of obtaining assistance under this chapter or (ii) in any case where the state agency<\/span> acquires property<\/span> for a program or project, any person<\/span>, other than a person<\/span> who was an occupant of the property<\/span> at the time it was acquired, who occupies such property<\/span> on a rental basis for a short term or a period subject to termination when the property<\/span> is needed for the program or project.\n\t\t\t“Dwelling” means the place of permanent or customary and usual residence of a person<\/span>, according to local custom or law<\/span>, including a single-family house, a single family unit in a two-family, multi-family, or multi-purpose property<\/span>; a unit of a condominium or cooperative housing project; a nonhousekeeping unit; a mobile home; or any other residential unit.\n\t\t\t“Farm operation<\/span>” means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator’s support.\n\t\t\t“Mortgage<\/span>” means such classes of liens<\/span> as are commonly given to secure advances on, or the unpaid purchase price of, real property<\/span>, together with the credit instruments, if any, secured thereby.\n\t\t\t“Nonprofit organization<\/span>” means an organization that is exempt from paying federal income taxes under § 501 of the Internal Revenue Code (26 U.S.C. § 501).\n\t\t\t“Person<\/span>” means any (i) individual or (ii) partnership, corporation, limited liability company, association, or other business<\/span> entity.\n\t\t\t“Uneconomic remnant<\/span>” means a parcel of real property<\/span> in which the owner<\/span> is left with an interest after the partial acquisition of the owner<\/span>’s property<\/span> and which the state agency<\/span> has determined has little or no value or utility to the owner<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 25.1-400)\n\nAs used in this chapter, unless the context requires a different meaning:\n\t\t“Business” means any lawful activity, except a farm operation,\nconducted primarily:\n\n1. For the purchase, sale, lease and rental of personal and of real property,\nand for the manufacture, processing, or marketing of products, commodities, or\nany other personal property;\n\n2. For the sale of services to the public;\n\n3. By a nonprofit organization; or\n\n4. Solely for the purposes of § 25.1-406, for assisting in the purchase,\nsale, resale, manufacture, processing, or marketing of products, commodities,\npersonal property, or services by the erection and maintenance of an outdoor\nadvertising display or displays, whether or not such display or displays are\nlocated on the premises on which any of the above activities are conducted.\n\t\t\t“Comparable replacement dwelling” means any dwelling that is (i)\ndecent, safe and sanitary; (ii) adequate in size to accommodate the occupants;\n(iii) within the financial means of the displaced person; (iv) functionally\nequivalent; (v) in an area not subject to unreasonable adverse environmental\nconditions; and (vi) in a location generally not less desirable than the\nlocation of the displaced person’s dwelling with respect to public\nutilities, facilities, services and the displaced person’s place of\nemployment.\n\t\t\t“Decent, safe, and sanitary dwelling” means a dwelling that:\n\n1. Is structurally sound, weather tight and in good repair;\n\n2. Has a safe electrical wiring system adequate for lighting and appliances;\n\n3. Contains a heating system capable of maintaining a healthful temperature;\n\n4. Is adequate in size with respect to the number of rooms and area of living\nspace needed to accommodate the displaced household;\n\n5. Has a separate, well-lighted and ventilated bathroom that provides privacy to\nthe user and contains sink, toilet, and bathing facilities (shower or bath, or\nboth), all operational and connected to a functional water and sewer disposal\nsystem;\n\n6. Provides unobstructed egress to safe open space at ground level. If the unit\nis above the first floor and served by a common corridor, there must be two\nmeans of egress; and\n\n7. Is free of barriers to egress, ingress, and use by a displaced person with a\ndisability.\n\t\t\t“Displaced person” means:\n\n1. Any person who moves from real property, or moves his personal property from\nreal property (i) as a direct result of a written notice of intent to acquire or\nthe acquisition of such real property, in whole or in part, for any program or\nproject undertaken by a state agency or (ii) on which such person is a\nresidential tenant or conducts a small business, a farm operation or a business\ndescribed in clause 4 of the definition of “business” in this\nsection as a direct result of rehabilitation, demolition, or other displacing\nactivity as the state agency may prescribe, under a program or project\nundertaken by the state agency in any case in which the state agency determines\nthat such displacement is permanent;\n\n2. Solely for the purposes of §§ 25.1-406, 25.1-407, and 25.1-411, any\nperson who moves from real property, or moves his personal property from real\nproperty: (i) as a direct result of a written notice of intent to acquire or the\nacquisition of other real property, in whole or in part, on which such person\nconducts a business or farm operation, for a program or project undertaken by a\nstate agency or (ii) as a direct result of rehabilitation, demolition, or other\ndisplacing activity as the state agency may prescribe, of other real property on\nwhich such person conducts a business or farm operation, under a program or\nproject undertaken by the state agency in any case in which the state agency\ndetermines that such displacement is permanent; and\n\n3. Any person who moves or discontinues his business or moves other personal\nproperty, or moves from his dwelling, as the direct result of (i) federally\nassisted activities for the enforcement of a building code or other similar code\nor (ii) a program of rehabilitation or demolition of buildings conducted\npursuant to a federally assisted governmental program.\n\t\t\tThe term “displaced person” does not include (i) a person who has\nbeen determined, according to criteria established by the state agency, to be\neither in unlawful occupancy of the displacement dwelling or to have occupied\nsuch dwelling for the purpose of obtaining assistance under this chapter or (ii)\nin any case where the state agency acquires property for a program or project,\nany person, other than a person who was an occupant of the property at the time\nit was acquired, who occupies such property on a rental basis for a short term\nor a period subject to termination when the property is needed for the program\nor project.\n\t\t\t“Dwelling” means the place of permanent or customary and usual\nresidence of a person, according to local custom or law, including a\nsingle-family house, a single family unit in a two-family, multi-family, or\nmulti-purpose property; a unit of a condominium or cooperative housing project;\na nonhousekeeping unit; a mobile home; or any other residential unit.\n\t\t\t“Farm operation” means any activity conducted solely or primarily\nfor the production of one or more agricultural products or commodities,\nincluding timber, for sale or home use, and customarily producing such products\nor commodities in sufficient quantity to be capable of contributing materially\nto the operator’s support.\n\t\t\t“Mortgage” means such classes of liens as are commonly given to\nsecure advances on, or the unpaid purchase price of, real property, together\nwith the credit instruments, if any, secured thereby.\n\t\t\t“Nonprofit organization” means an organization that is exempt\nfrom paying federal income taxes under § 501 of the Internal Revenue Code\n(26 U.S.C. § 501).\n\t\t\t“Person” means any (i) individual or (ii) partnership,\ncorporation, limited liability company, association, or other business entity.\n\t\t\t“Uneconomic remnant” means a parcel of real property in which the\nowner is left with an interest after the partial acquisition of the\nowner’s property and which the state agency has determined has little or\nno value or utility to the owner.\n\nHISTORY: Code 1950, \u00a7\u00a7 33-75.02, 33.1-132.2; 1970, c. 40, \u00a7 25-238; 1972, c.\n738; 1989, c. 714; 2000, c. 851; 2002, c. 878; 2003, c. 940; 2011, cc. 117, 190;\n2023, cc. 148, 149.","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}}