{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-417.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-417.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-417.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-417.html"}],"law_id":58090,"edition_id":1,"section_id":58090,"structure_id":15258,"section_number":"25.1-417","catch_line":"General provisions for conduct of acquisition","history":"1972, c. 738, \u00a7\u00a7 25-235.1, 25-248; 2000, cc. 851, 1029; 2001, c. 260; 2003, c. 940; 2011, cc. 117, 190, 335; 2013, c. 764.","full_text":"A\n\nIf a state agency acquires real property in connection with any programs or projects, such acquisition shall be conducted, to the greatest extent practicable, in accordance with the following provisions:1\n\nThe state agency shall make every reasonable effort to acquire expeditiously real property by negotiation.2\n\nReal property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property; however, the requirements of this subdivision shall not apply if the state agency’s official who is responsible for the acquisition determines that the value of the property being acquired is less than $25,000, based on assessment records or other objective evidence. Whenever the value of the property being acquired is determined to be between $10,000 and $25,000, the state agency, at the time an offer is made initiating negotiations, shall disclose to the owner or his designated representative that the offer has been established based on assessment records or other objective evidence and not an appraisal and that he may request that an appraisal be prepared and used as the basis for establishing just compensation pursuant to this section.3\n\nBefore making an offer to acquire or initiating any related negotiations for real property, the state agency shall establish an amount which it believes to be just compensation therefor and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the state agency’s approved appraisal of the fair market value of such property, if such an appraisal is required, or the current assessed value of such property for real estate tax purposes, unless the property has physically changed in a material and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property, when the entire parcel for which the assessment is made is to be acquired, whichever is greater. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, shall be disregarded in determining the compensation for the property. The state agency concerned shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation and, if an appraisal is required or obtained, such written statement and summary shall include a complete copy of all appraisals of the real property to be acquired that the state agency obtained prior to making an offer to acquire or initiating any related negotiations for the real property. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated.4\n\nNo owner shall be required to surrender possession of real property before the state agency pays the agreed purchase price, or deposits with the state court in accordance with applicable law, for the benefit of the owner, (i) an amount not less than the state agency’s approved appraisal of the fair market value of such property, if such an appraisal is required, or the current assessed value of such property for real estate tax purposes, unless the property has physically changed in a material and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property, when the entire parcel for which the assessment is made is to be acquired, whichever is greater, or (ii) the amount of the award of compensation in the condemnation proceeding for such property.5\n\nThe construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling, assuming a replacement dwelling will be available, or to move his business or farm operation, without at least 90-days’ written notice from the state agency, of the date by which such move is required.6\n\nIf the state agency permits an owner or tenant to occupy the real property acquired on a rental basis for a short term for a period subject to termination by the state agency on a short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier.7\n\nIn no event shall the state agency either advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property.8\n\nIf any interest in real property is to be acquired by exercise of the power of eminent domain, the state agency shall institute formal condemnation proceedings. No state agency shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property.9\n\nIf the acquisition of only part of a property would leave its owner with an uneconomic remnant, the state agency concerned shall offer to acquire the entire property.10\n\nA person whose real property is being acquired in accordance with this article may, after the person has been fully informed of his right to receive just compensation for such property, donate such property, and part thereof, any interest therein, or any compensation paid therefor to a state agency, as such person shall determine.B\n\nThe provisions of this section create no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation.C\n\nNothing in this section shall make evidence of tax assessments admissible as proof of value in an eminent domain proceeding.","order_by":null,"text":{"0":{"id":212834,"text":"If a state agency acquires real property in connection with any programs or projects, such acquisition shall be conducted, to the greatest extent practicable, in accordance with the following provisions:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":212835,"text":"The state agency shall make every reasonable effort to acquire expeditiously real property by negotiation.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":212836,"text":"Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property; however, the requirements of this subdivision shall not apply if the state agency’s official who is responsible for the acquisition determines that the value of the property being acquired is less than $25,000, based on assessment records or other objective evidence. Whenever the value of the property being acquired is determined to be between $10,000 and $25,000, the state agency, at the time an offer is made initiating negotiations, shall disclose to the owner or his designated representative that the offer has been established based on assessment records or other objective evidence and not an appraisal and that he may request that an appraisal be prepared and used as the basis for establishing just compensation pursuant to this section.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":212837,"text":"Before making an offer to acquire or initiating any related negotiations for real property, the state agency shall establish an amount which it believes to be just compensation therefor and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the state agency’s approved appraisal of the fair market value of such property, if such an appraisal is required, or the current assessed value of such property for real estate tax purposes, unless the property has physically changed in a material and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property, when the entire parcel for which the assessment is made is to be acquired, whichever is greater. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, shall be disregarded in determining the compensation for the property. The state agency concerned shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation and, if an appraisal is required or obtained, such written statement and summary shall include a complete copy of all appraisals of the real property to be acquired that the state agency obtained prior to making an offer to acquire or initiating any related negotiations for the real property. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":212838,"text":"No owner shall be required to surrender possession of real property before the state agency pays the agreed purchase price, or deposits with the state court in accordance with applicable law, for the benefit of the owner, (i) an amount not less than the state agency’s approved appraisal of the fair market value of such property, if such an appraisal is required, or the current assessed value of such property for real estate tax purposes, unless the property has physically changed in a material and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property, when the entire parcel for which the assessment is made is to be acquired, whichever is greater, or (ii) the amount of the award of compensation in the condemnation proceeding for such property.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":212839,"text":"The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling, assuming a replacement dwelling will be available, or to move his business or farm operation, without at least 90-days’ written notice from the state agency, of the date by which such move is required.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":212840,"text":"If the state agency permits an owner or tenant to occupy the real property acquired on a rental basis for a short term for a period subject to termination by the state agency on a short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":212841,"text":"In no event shall the state agency either advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":212842,"text":"If any interest in real property is to be acquired by exercise of the power of eminent domain, the state agency shall institute formal condemnation proceedings. No state agency shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property.","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":212843,"text":"If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the state agency concerned shall offer to acquire the entire property.","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":212844,"text":"A person whose real property is being acquired in accordance with this article may, after the person has been fully informed of his right to receive just compensation for such property, donate such property, and part thereof, any interest therein, or any compensation paid therefor to a state agency, as such person shall determine.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"B"},"11":{"id":212845,"text":"The provisions of this section create no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A10","next_prefix":"C"},"12":{"id":212846,"text":"Nothing in this section shall make evidence of tax assessments admissible as proof of value in an eminent domain proceeding.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15258,"edition_id":1,"name":"Real Property Acquisition Policies","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13536,"metadata":{},"date_created":"2026-06-26 03:53:24","date_modified":"2026-06-26 03:53:24","permalink":{"id":189939,"object_type":"structure","relational_id":15258,"identifier":"3","token":"25.1\/4\/3","url":"\/25.1\/4\/3\/","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":58090,"structure_id":15258,"section_number":"25.1-417","catch_line":"General provisions for conduct of acquisition","url":"\/25.1-417\/","token":"25.1\/4\/3\/25.1-417","metadata":false},{"id":76861,"structure_id":15258,"section_number":"25.1-417.1","catch_line":"Expired","url":"\/25.1-417.1\/","token":"25.1\/4\/3\/25.1-417.1","metadata":false},{"id":62581,"structure_id":15258,"section_number":"25.1-418","catch_line":"Reimbursement of owner for certain expenses","url":"\/25.1-418\/","token":"25.1\/4\/3\/25.1-418","metadata":false},{"id":75380,"structure_id":15258,"section_number":"25.1-419","catch_line":"Reimbursement of owner for costs when taking is abandoned or denied","url":"\/25.1-419\/","token":"25.1\/4\/3\/25.1-419","metadata":false},{"id":71243,"structure_id":15258,"section_number":"25.1-420","catch_line":"Reimbursement of owner for costs incurred in inverse condemnation proceeding","url":"\/25.1-420\/","token":"25.1\/4\/3\/25.1-420","metadata":false},{"id":59926,"structure_id":15258,"section_number":"25.1-421","catch_line":"Buildings, structures and other improvements on real property","url":"\/25.1-421\/","token":"25.1\/4\/3\/25.1-421","metadata":false}],"next_section":{"id":76861,"structure_id":15258,"section_number":"25.1-417.1","catch_line":"Expired","url":"\/25.1-417.1\/","token":"25.1\/4\/3\/25.1-417.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-417\/","history_text":"

This law was first created in 1972. The record of its establishment is cataloged in chapter 738 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 1972 \u201cActs\u201d aren\u2019t available online. 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 2000, chapters 851<\/a> and 1029<\/a>; in 2001, chapter 260<\/a>; in 2003, chapter 940<\/a>; in 2011, chapters 117<\/a>, 190<\/a>, and 335<\/a>; in 2013, chapter 764<\/a>.<\/p>","references":[{"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\/"},{"id":60232,"section_number":"25.1-303","catch_line":"Effort to acquire property by purchase","order_by":null,"url":"\/25.1-303\/"},{"id":63540,"section_number":"25.1-305","catch_line":"Authorized condemnor to make payment into court or file certificate of deposit before entering upon land","order_by":null,"url":"\/25.1-305\/"},{"id":68329,"section_number":"33.2-1001","catch_line":"Power to acquire lands, etc.; conveyance to municipality after acquisition; property owners to be informed and briefed","order_by":null,"url":"\/33.2-1001\/"},{"id":69410,"section_number":"33.2-1007","catch_line":"Authority to acquire entire tract of land, or parcel thereof, when only part to be utilized for highway purposes","order_by":null,"url":"\/33.2-1007\/"},{"id":79287,"section_number":"33.2-1019","catch_line":"Payments into court or filing certificate of deposit before entering upon land","order_by":null,"url":"\/33.2-1019\/"}],"refers_to":false,"permalink":{"id":189941,"object_type":"law","relational_id":58090,"identifier":"25.1-417","token":"25.1\/4\/3\/25.1-417","url":"\/25.1-417\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-417\/","token":"25.1\/4\/3\/25.1-417","dublin_core":{"Title":"General provisions for conduct of acquisition","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-417","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If a state agency<\/span> acquires real property<\/span> in connection with any programs or projects, such acquisition shall be conducted, to the greatest extent practicable, in accordance with the following provisions: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The state agency<\/span> shall make every reasonable effort to acquire expeditiously real property<\/span> by negotiation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Real property<\/span> shall be appraised before the initiation of negotiations, and the owner<\/span> or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property<\/span>; however, the requirements of this subdivision shall not apply if the state agency<\/span>’s official who is responsible for the acquisition determines that the value of the property<\/span> being acquired is less than $25,000, based on assessment records or other objective evidence<\/span>. Whenever the value of the property<\/span> being acquired is determined to be between $10,000 and $25,000, the state agency<\/span>, at the time an offer is made initiating negotiations, shall disclose to the owner<\/span> or his designated representative that the offer has been established based on assessment records or other objective evidence<\/span> and not an appraisal<\/span> and that he may request that an appraisal<\/span> be prepared and used as the basis for establishing just compensation pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Before making an offer to acquire or initiating any related negotiations for real property<\/span>, the state agency<\/span> shall establish an amount which it believes to be just compensation therefor and shall make a prompt offer to acquire the property<\/span> for the full amount so established. In no event shall such amount be less than the state agency<\/span>’s approved appraisal<\/span> of the fair market value of such property<\/span>, if such an appraisal<\/span> is required, or the current assessed value of such property<\/span> for real estate tax purposes, unless the property<\/span> has physically changed in a material<\/span> and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property<\/span>, when the entire parcel for which the assessment is made is to be acquired, whichever is greater. Any decrease or increase in the fair market value of real property<\/span> prior to the date of valuation<\/span> caused by the public improvement for which such property<\/span> is acquired, or by the likelihood that the property<\/span> would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner<\/span>, shall be disregarded in determining the compensation for the property<\/span>. The state agency<\/span> concerned shall provide the owner<\/span> of real property<\/span> to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation and, if an appraisal<\/span> is required or obtained, such written statement and summary shall include a complete copy of all appraisals<\/span> of the real property<\/span> to be acquired that the state agency<\/span> obtained prior to making an offer to acquire or initiating any related negotiations for the real property<\/span>. Where appropriate, the just compensation for the real property<\/span> acquired and for damages<\/span> to remaining real property<\/span> shall be separately stated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> No owner<\/span> shall be required to surrender possession<\/span> of real property<\/span> before the state agency<\/span> pays the agreed purchase price, or deposits with the state court<\/span> in accordance with applicable law<\/span>, for the benefit of the owner<\/span>, (i) an amount not less than the state agency<\/span>’s approved appraisal<\/span> of the fair market value of such property<\/span>, if such an appraisal<\/span> is required, or the current assessed value of such property<\/span> for real estate tax purposes, unless the property<\/span> has physically changed in a material<\/span> and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property<\/span>, when the entire parcel for which the assessment is made is to be acquired, whichever is greater, or (ii) the amount of the award of compensation in the condemnation proceeding for such property<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person<\/span> lawfully occupying real property<\/span> shall be required to move from a dwelling<\/span>, assuming a replacement dwelling<\/span> will be available, or to move his business<\/span> or farm operation<\/span>, without at least 90-days’ written notice from the state agency<\/span>, of the date by which such move is required. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> If the state agency<\/span> permits an owner<\/span> or tenant to occupy the real property<\/span> acquired on a rental basis for a short term for a period subject to termination by the state agency<\/span> on a short notice, the amount of rent required shall not exceed the fair rental value of the property<\/span> to a short-term occupier. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> In no event shall the state agency<\/span> either advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court<\/span> for the use of the owner<\/span>, or take any other action coercive in nature, in order<\/span> to compel an agreement on the price to be paid for the property<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> If any interest in real property<\/span> is to be acquired by exercise of the power of eminent domain, the state agency<\/span> shall institute formal condemnation proceedings. No state agency<\/span> shall intentionally make it necessary for an owner<\/span> to institute legal proceedings to prove the fact<\/span> of the taking of his real property<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> If the acquisition of only part of a property<\/span> would leave its owner<\/span> with an uneconomic remnant<\/span>, the state agency<\/span> concerned shall offer to acquire the entire property<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> A person<\/span> whose real property<\/span> is being acquired in accordance with this article may, after the person<\/span> has been fully informed of his right to receive just compensation for such property<\/span>, donate such property<\/span>, and part thereof, any interest therein, or any compensation paid therefor to a state agency<\/span>, as such person<\/span> shall determine. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of this section create no rights or liabilities and shall not affect the validity of any property<\/span> acquisitions by purchase or condemnation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Nothing in this section shall make evidence<\/span> of tax assessments admissible<\/span> as proof of value in an eminent domain proceeding. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGENERAL PROVISIONS FOR CONDUCT OF ACQUISITION (\u00a7 25.1-417)\n\nA. If a state agency acquires real property in connection with any programs or\nprojects, such acquisition shall be conducted, to the greatest extent\npracticable, in accordance with the following provisions:\n\n 1. The state agency shall make every reasonable effort to acquire\n expeditiously real property by negotiation.\n\n 2. Real property shall be appraised before the initiation of negotiations, and\n the owner or his designated representative shall be given an opportunity to\n accompany the appraiser during his inspection of the property; however, the\n requirements of this subdivision shall not apply if the state agency’s\n official who is responsible for the acquisition determines that the value of\n the property being acquired is less than $25,000, based on assessment records\n or other objective evidence. Whenever the value of the property being acquired\n is determined to be between $10,000 and $25,000, the state agency, at the time\n an offer is made initiating negotiations, shall disclose to the owner or his\n designated representative that the offer has been established based on\n assessment records or other objective evidence and not an appraisal and that\n he may request that an appraisal be prepared and used as the basis for\n establishing just compensation pursuant to this section.\n\n 3. Before making an offer to acquire or initiating any related negotiations\n for real property, the state agency shall establish an amount which it\n believes to be just compensation therefor and shall make a prompt offer to\n acquire the property for the full amount so established. In no event shall\n such amount be less than the state agency’s approved appraisal of the\n fair market value of such property, if such an appraisal is required, or the\n current assessed value of such property for real estate tax purposes, unless\n the property has physically changed in a material and substantial way since\n the current assessment date such that the real estate tax assessment no longer\n represents a fair valuation of the property, when the entire parcel for which\n the assessment is made is to be acquired, whichever is greater. Any decrease\n or increase in the fair market value of real property prior to the date of\n valuation caused by the public improvement for which such property is\n acquired, or by the likelihood that the property would be acquired for such\n improvement, other than that due to physical deterioration within the\n reasonable control of the owner, shall be disregarded in determining the\n compensation for the property. The state agency concerned shall provide the\n owner of real property to be acquired with a written statement of, and summary\n of the basis for, the amount it established as just compensation and, if an\n appraisal is required or obtained, such written statement and summary shall\n include a complete copy of all appraisals of the real property to be acquired\n that the state agency obtained prior to making an offer to acquire or\n initiating any related negotiations for the real property. Where appropriate,\n the just compensation for the real property acquired and for damages to\n remaining real property shall be separately stated.\n\n 4. No owner shall be required to surrender possession of real property before\n the state agency pays the agreed purchase price, or deposits with the state\n court in accordance with applicable law, for the benefit of the owner, (i) an\n amount not less than the state agency’s approved appraisal of the fair\n market value of such property, if such an appraisal is required, or the\n current assessed value of such property for real estate tax purposes, unless\n the property has physically changed in a material and substantial way since\n the current assessment date such that the real estate tax assessment no longer\n represents a fair valuation of the property, when the entire parcel for which\n the assessment is made is to be acquired, whichever is greater, or (ii) the\n amount of the award of compensation in the condemnation proceeding for such\n property.\n\n 5. The construction or development of a public improvement shall be so\n scheduled that, to the greatest extent practicable, no person lawfully\n occupying real property shall be required to move from a dwelling, assuming a\n replacement dwelling will be available, or to move his business or farm\n operation, without at least 90-days’ written notice from the state\n agency, of the date by which such move is required.\n\n 6. If the state agency permits an owner or tenant to occupy the real property\n acquired on a rental basis for a short term for a period subject to\n termination by the state agency on a short notice, the amount of rent required\n shall not exceed the fair rental value of the property to a short-term\n occupier.\n\n 7. In no event shall the state agency either advance the time of condemnation,\n or defer negotiations or condemnation and the deposit of funds in court for\n the use of the owner, or take any other action coercive in nature, in order to\n compel an agreement on the price to be paid for the property.\n\n 8. If any interest in real property is to be acquired by exercise of the power\n of eminent domain, the state agency shall institute formal condemnation\n proceedings. No state agency shall intentionally make it necessary for an\n owner to institute legal proceedings to prove the fact of the taking of his\n real property.\n\n 9. If the acquisition of only part of a property would leave its owner with an\n uneconomic remnant, the state agency concerned shall offer to acquire the\n entire property.\n\n 10. A person whose real property is being acquired in accordance with this\n article may, after the person has been fully informed of his right to receive\n just compensation for such property, donate such property, and part thereof,\n any interest therein, or any compensation paid therefor to a state agency, as\n such person shall determine.\n\nB. The provisions of this section create no rights or liabilities and shall not\naffect the validity of any property acquisitions by purchase or condemnation.\n\nC. Nothing in this section shall make evidence of tax assessments admissible as\nproof of value in an eminent domain proceeding.\n\nHISTORY: 1972, c. 738, \u00a7\u00a7 25-235.1, 25-248; 2000, cc. 851, 1029; 2001, c. 260;\n2003, c. 940; 2011, cc. 117, 190, 335; 2013, c. 764.","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}}