{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1000.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1000.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1000.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1000.html"}],"law_id":71835,"edition_id":1,"section_id":71835,"structure_id":14693,"section_number":"33.2-1000","catch_line":"Definitions","history":"2014, c. 805.","full_text":"As used in this article, unless the context requires a different meaning:\n\t\t“Certificate” means an instrument that, when recorded in the office of the clerk of the circuit court wherein condemnation proceedings are pending or are to be instituted by the Commissioner of Highways, terminates the interest or estate of the owner of the property described therein and vests defeasible title to such property or interest or estate of the owner in the Commonwealth. “Certificate” includes a certificate of deposit and a certificate of take.\n\t\t“Certificate of deposit” means a certificate issued by the Commissioner of Highways and countersigned by the State Treasurer, stating that any sum or sums designated therein shall be paid pursuant to the order of the court, and filed by the Commissioner of Highways with the court wherein condemnation proceedings are pending or are to be instituted in lieu of the payment of funds into court, as provided in subdivision A 2 of \u00a7 33.2-1019.\n\t\t“Certificate of take” means a certificate recorded by the Commissioner of Highways with the court wherein condemnation proceedings are pending or are to be instituted, in connection with which the Commissioner of Highways has deposited funds with the court as provided in subdivision A 1 of \u00a7 33.2-1019.\n\t\t“Owner” means any person owning land, buildings, structures, or improvements upon land where such ownership is of record in the land records of the clerk’s office of the circuit court of the city or county where the property is located. “Owner” does not include trustees or beneficiaries under a deed of trust, any person with a security interest in the property, or any person with a judgment or lien against the property. In proceedings instituted by the Commissioner of Highways under Title 25.1 or this title, “owner” includes persons owning structures or improvements for which an outdoor advertising permit has been issued by the Commissioner of Highways pursuant to \u00a7 33.2-1208. This definition of owner shall not alter in any way the valuation of such land, buildings, structures, or improvements under existing law.\n\t\t“Public highway” means a highway, road, or street. When applicable, “public highway” includes a bridge, ferry, causeway, landing, or wharf.","order_by":null,"text":{"0":{"id":258823,"text":"As used in this article, unless the context requires a different meaning:\n\t\t“Certificate” means an instrument that, when recorded in the office of the clerk of the circuit court wherein condemnation proceedings are pending or are to be instituted by the Commissioner of Highways, terminates the interest or estate of the owner of the property described therein and vests defeasible title to such property or interest or estate of the owner in the Commonwealth. “Certificate” includes a certificate of deposit and a certificate of take.\n\t\t“Certificate of deposit” means a certificate issued by the Commissioner of Highways and countersigned by the State Treasurer, stating that any sum or sums designated therein shall be paid pursuant to the order of the court, and filed by the Commissioner of Highways with the court wherein condemnation proceedings are pending or are to be instituted in lieu of the payment of funds into court, as provided in subdivision A 2 of \u00a7 33.2-1019.\n\t\t“Certificate of take” means a certificate recorded by the Commissioner of Highways with the court wherein condemnation proceedings are pending or are to be instituted, in connection with which the Commissioner of Highways has deposited funds with the court as provided in subdivision A 1 of \u00a7 33.2-1019.\n\t\t“Owner” means any person owning land, buildings, structures, or improvements upon land where such ownership is of record in the land records of the clerk’s office of the circuit court of the city or county where the property is located. “Owner” does not include trustees or beneficiaries under a deed of trust, any person with a security interest in the property, or any person with a judgment or lien against the property. In proceedings instituted by the Commissioner of Highways under Title 25.1 or this title, “owner” includes persons owning structures or improvements for which an outdoor advertising permit has been issued by the Commissioner of Highways pursuant to \u00a7 33.2-1208. This definition of owner shall not alter in any way the valuation of such land, buildings, structures, or improvements under existing law.\n\t\t“Public highway” means a highway, road, or street. When applicable, “public highway” includes a bridge, ferry, causeway, landing, or wharf.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14693,"edition_id":1,"name":"Eminent Domain and Damages","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14692,"metadata":{},"date_created":"2026-06-26 03:49:23","date_modified":"2026-06-26 03:49:23","permalink":{"id":205373,"object_type":"structure","relational_id":14693,"identifier":"1","token":"33.2\/II\/10\/1","url":"\/33.2\/II\/10\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14692,"edition_id":1,"name":"Eminent Domain","identifier":"10","label":"chapter","depth":3,"order_by":1,"parent_id":12830,"metadata":{},"date_created":"2026-06-26 03:49:23","date_modified":"2026-06-26 03:49:23","permalink":{"id":205371,"object_type":"structure","relational_id":14692,"identifier":"10","token":"33.2\/II\/10","url":"\/33.2\/II\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12830,"edition_id":1,"name":"Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":205369,"object_type":"structure","relational_id":12830,"identifier":"II","token":"33.2\/II","url":"\/33.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12806,"edition_id":1,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":204785,"object_type":"structure","relational_id":12806,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71835,"structure_id":14693,"section_number":"33.2-1000","catch_line":"Definitions","url":"\/33.2-1000\/","token":"33.2\/II\/10\/1\/33.2-1000","metadata":false},{"id":68329,"structure_id":14693,"section_number":"33.2-1001","catch_line":"Power to acquire lands, etc.; conveyance to municipality after acquisition; property owners to be informed and briefed","url":"\/33.2-1001\/","token":"33.2\/II\/10\/1\/33.2-1001","metadata":false},{"id":86315,"structure_id":14693,"section_number":"33.2-1002","catch_line":"Limitation on power of eminent domain","url":"\/33.2-1002\/","token":"33.2\/II\/10\/1\/33.2-1002","metadata":false},{"id":79698,"structure_id":14693,"section_number":"33.2-1003","catch_line":"Additional power to acquire lands","url":"\/33.2-1003\/","token":"33.2\/II\/10\/1\/33.2-1003","metadata":false},{"id":75773,"structure_id":14693,"section_number":"33.2-1004","catch_line":"Plans for acquisition of rights-of-way","url":"\/33.2-1004\/","token":"33.2\/II\/10\/1\/33.2-1004","metadata":false},{"id":83207,"structure_id":14693,"section_number":"33.2-1005","catch_line":"Acquisition of real property that may be needed for transportation projects; sale of certain real property","url":"\/33.2-1005\/","token":"33.2\/II\/10\/1\/33.2-1005","metadata":false},{"id":67931,"structure_id":14693,"section_number":"33.2-1006","catch_line":"Reconveyance where property deemed suitable for mass transit purposes","url":"\/33.2-1006\/","token":"33.2\/II\/10\/1\/33.2-1006","metadata":false},{"id":69410,"structure_id":14693,"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","url":"\/33.2-1007\/","token":"33.2\/II\/10\/1\/33.2-1007","metadata":false},{"id":66167,"structure_id":14693,"section_number":"33.2-1008","catch_line":"Authority to acquire land to replace parkland; applicability","url":"\/33.2-1008\/","token":"33.2\/II\/10\/1\/33.2-1008","metadata":false},{"id":72685,"structure_id":14693,"section_number":"33.2-1009","catch_line":"Acquisition of residue parcels declared to be in public interest","url":"\/33.2-1009\/","token":"33.2\/II\/10\/1\/33.2-1009","metadata":false},{"id":66916,"structure_id":14693,"section_number":"33.2-1010","catch_line":"Use and disposition of residue parcels of land","url":"\/33.2-1010\/","token":"33.2\/II\/10\/1\/33.2-1010","metadata":false},{"id":56630,"structure_id":14693,"section_number":"33.2-1011","catch_line":"Right to enter on land to ascertain its suitability for highway and other transportation purposes; damage resulting from such entry","url":"\/33.2-1011\/","token":"33.2\/II\/10\/1\/33.2-1011","metadata":false},{"id":73031,"structure_id":14693,"section_number":"33.2-1012","catch_line":"Limitations in Title 25.1 not applicable to Commissioner of Highways","url":"\/33.2-1012\/","token":"33.2\/II\/10\/1\/33.2-1012","metadata":false},{"id":63987,"structure_id":14693,"section_number":"33.2-1013","catch_line":"Notice of exercise of eminent domain power; evidence of value","url":"\/33.2-1013\/","token":"33.2\/II\/10\/1\/33.2-1013","metadata":false},{"id":75259,"structure_id":14693,"section_number":"33.2-1014","catch_line":"Acquisition of interests for exchange with railroad, public utility company, public service corporation or company, political subdivision, or cable television company; relocation of poles, lines, etc","url":"\/33.2-1014\/","token":"33.2\/II\/10\/1\/33.2-1014","metadata":false},{"id":64801,"structure_id":14693,"section_number":"33.2-1015","catch_line":"Acquisition of land in median of highways for public mass transit; disposition of such property","url":"\/33.2-1015\/","token":"33.2\/II\/10\/1\/33.2-1015","metadata":false},{"id":72918,"structure_id":14693,"section_number":"33.2-1016","catch_line":"Procedure in general; suits in name of Commissioner of Highways; survival; validation of suits; notice of filing","url":"\/33.2-1016\/","token":"33.2\/II\/10\/1\/33.2-1016","metadata":false},{"id":83976,"structure_id":14693,"section_number":"33.2-1017","catch_line":"Taking highway materials from streams, rivers, and watercourses","url":"\/33.2-1017\/","token":"33.2\/II\/10\/1\/33.2-1017","metadata":false},{"id":63633,"structure_id":14693,"section_number":"33.2-1018","catch_line":"Authority to take possession and title to property before or during condemnation; purpose and intent of provisions","url":"\/33.2-1018\/","token":"33.2\/II\/10\/1\/33.2-1018","metadata":false},{"id":79287,"structure_id":14693,"section_number":"33.2-1019","catch_line":"Payments into court or filing certificate of deposit before entering upon land","url":"\/33.2-1019\/","token":"33.2\/II\/10\/1\/33.2-1019","metadata":false},{"id":56332,"structure_id":14693,"section_number":"33.2-1020","catch_line":"Payment of certificates of deposit; recordation of certain certificates; notice to owner","url":"\/33.2-1020\/","token":"33.2\/II\/10\/1\/33.2-1020","metadata":false},{"id":59508,"structure_id":14693,"section_number":"33.2-1021","catch_line":"Recordation of certificates; transfer of title or interest; land situated in two or more counties or cities","url":"\/33.2-1021\/","token":"33.2\/II\/10\/1\/33.2-1021","metadata":false},{"id":72666,"structure_id":14693,"section_number":"33.2-1022","catch_line":"Certificates to describe land and list owner","url":"\/33.2-1022\/","token":"33.2\/II\/10\/1\/33.2-1022","metadata":false},{"id":79560,"structure_id":14693,"section_number":"33.2-1023","catch_line":"Proceedings for distribution of funds; effect of acceptance of payments; evidence as to amount of deposit or certificate","url":"\/33.2-1023\/","token":"33.2\/II\/10\/1\/33.2-1023","metadata":false},{"id":67298,"structure_id":14693,"section_number":"33.2-1024","catch_line":"Reformation, alteration, revision, amendment, or invalidation of certificate","url":"\/33.2-1024\/","token":"33.2\/II\/10\/1\/33.2-1024","metadata":false},{"id":81667,"structure_id":14693,"section_number":"33.2-1025","catch_line":"When condemnation proceedings instituted; payment of compensation or damages; order confirming award; recording","url":"\/33.2-1025\/","token":"33.2\/II\/10\/1\/33.2-1025","metadata":false},{"id":69987,"structure_id":14693,"section_number":"33.2-1026","catch_line":"Awards in greater or lesser amounts than deposit; interest","url":"\/33.2-1026\/","token":"33.2\/II\/10\/1\/33.2-1026","metadata":false},{"id":69653,"structure_id":14693,"section_number":"33.2-1027","catch_line":"Agreements as to compensation; petition and order of court thereon; disposition of deposit","url":"\/33.2-1027\/","token":"33.2\/II\/10\/1\/33.2-1027","metadata":false},{"id":83027,"structure_id":14693,"section_number":"33.2-1027.1","catch_line":"Distribution of funds to owner or owner's attorney","url":"\/33.2-1027.1\/","token":"33.2\/II\/10\/1\/33.2-1027.1","metadata":false},{"id":60410,"structure_id":14693,"section_number":"33.2-1028","catch_line":"Enhancement to be offset against damage","url":"\/33.2-1028\/","token":"33.2\/II\/10\/1\/33.2-1028","metadata":false},{"id":78337,"structure_id":14693,"section_number":"33.2-1029","catch_line":"Repealed","url":"\/33.2-1029\/","token":"33.2\/II\/10\/1\/33.2-1029","metadata":false},{"id":72451,"structure_id":14693,"section_number":"33.2-1029.1","catch_line":"Petition by owner for determination of just compensation","url":"\/33.2-1029.1\/","token":"33.2\/II\/10\/1\/33.2-1029.1","metadata":false},{"id":68699,"structure_id":14693,"section_number":"33.2-1030","catch_line":"Installation of broadband conduit","url":"\/33.2-1030\/","token":"33.2\/II\/10\/1\/33.2-1030","metadata":false}],"next_section":{"id":68329,"structure_id":14693,"section_number":"33.2-1001","catch_line":"Power to acquire lands, etc.; conveyance to municipality after acquisition; property owners to be informed and briefed","url":"\/33.2-1001\/","token":"33.2\/II\/10\/1\/33.2-1001","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1000\/","history_text":"

This law was first created in 2014. The record of its establishment is cataloged in chapter 805<\/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.<\/p>","references":[{"id":78532,"section_number":"33.2-2012","catch_line":"Approval by Commonwealth Transportation Board","order_by":null,"url":"\/33.2-2012\/"},{"id":69643,"section_number":"33.2-2113","catch_line":"Approval by Commonwealth Transportation Board","order_by":null,"url":"\/33.2-2113\/"},{"id":81160,"section_number":"33.2-246","catch_line":"Recreational waysides; regulations; penalties","order_by":null,"url":"\/33.2-246\/"},{"id":68131,"section_number":"33.2-2712","catch_line":"Approval by Commonwealth Transportation Board","order_by":null,"url":"\/33.2-2712\/"},{"id":77373,"section_number":"33.2-338","catch_line":"Construction and improvement of primary or secondary highways by counties","order_by":null,"url":"\/33.2-338\/"},{"id":68978,"section_number":"55.1-2441","catch_line":"Pendency of escheat proceedings no bar to condemnation proceedings","order_by":null,"url":"\/55.1-2441\/"}],"refers_to":[{"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\/"},{"id":83618,"section_number":"33.2-1208","catch_line":"Permits required","order_by":null,"url":"\/33.2-1208\/"}],"permalink":{"id":205375,"object_type":"law","relational_id":71835,"identifier":"33.2-1000","token":"33.2\/II\/10\/1\/33.2-1000","url":"\/33.2-1000\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1000\/","token":"33.2\/II\/10\/1\/33.2-1000","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1000","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

As used in this article, unless the context requires a different meaning:\n\t\t“Certificate” means an instrument that, when recorded in the office of the clerk of the circuit<\/span> court<\/span> wherein condemnation proceedings are pending or are to be instituted by the Commissioner of Highways<\/span>, terminates the interest or estate of the owner<\/span> of the property described therein and vests defeasible title to such property or interest or estate of the owner<\/span> in the Commonwealth. “Certificate” includes a certificate of deposit<\/span> and a certificate of take<\/span>.\n\t\t“Certificate of deposit<\/span>” means a certificate issued by the Commissioner of Highways<\/span> and countersigned by the State Treasurer, stating that any sum or sums designated therein shall be paid pursuant to the order<\/span> of the court<\/span>, and filed by the Commissioner of Highways<\/span> with the court<\/span> wherein condemnation proceedings are pending or are to be instituted in lieu of the payment of funds into court<\/span>, as provided in subdivision A 2 of \u00a7 33.2-1019<\/a>.\n\t\t“Certificate of take<\/span>” means a certificate recorded by the Commissioner of Highways<\/span> with the court<\/span> wherein condemnation proceedings are pending or are to be instituted, in connection with which the Commissioner of Highways<\/span> has deposited funds with the court<\/span> as provided in subdivision A 1 of \u00a7 33.2-1019<\/a>.\n\t\t“Owner<\/span>” means any person owning land, buildings, structures, or improvements upon land where such ownership is of record in the land records of the clerk’s office of the circuit<\/span> court<\/span> of the city or county where the property is located. “Owner<\/span>” does not include trustees or beneficiaries under a deed of trust, any person with a security interest in the property, or any person with a judgment<\/span> or lien<\/span> against the property. In proceedings instituted by the Commissioner of Highways<\/span> under Title 25.1 or this title, “owner<\/span>” includes persons owning structures or improvements for which an outdoor advertising permit has been issued by the Commissioner of Highways<\/span> pursuant to \u00a7 33.2-1208<\/a>. This definition of owner<\/span> shall not alter in any way the valuation of such land, buildings, structures, or improvements under existing law<\/span>.\n\t\t“Public highway<\/span>” means a highway, road, or street. When applicable, “public highway<\/span>” includes a bridge, ferry, causeway, landing, or wharf.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 33.2-1000)\n\nAs used in this article, unless the context requires a different meaning:\n\t\t“Certificate” means an instrument that, when recorded in the\noffice of the clerk of the circuit court wherein condemnation proceedings are\npending or are to be instituted by the Commissioner of Highways, terminates the\ninterest or estate of the owner of the property described therein and vests\ndefeasible title to such property or interest or estate of the owner in the\nCommonwealth. “Certificate” includes a certificate of deposit and a\ncertificate of take.\n\t\t“Certificate of deposit” means a certificate issued by the\nCommissioner of Highways and countersigned by the State Treasurer, stating that\nany sum or sums designated therein shall be paid pursuant to the order of the\ncourt, and filed by the Commissioner of Highways with the court wherein\ncondemnation proceedings are pending or are to be instituted in lieu of the\npayment of funds into court, as provided in subdivision A 2 of \u00a7 33.2-1019.\n\t\t“Certificate of take” means a certificate recorded by the\nCommissioner of Highways with the court wherein condemnation proceedings are\npending or are to be instituted, in connection with which the Commissioner of\nHighways has deposited funds with the court as provided in subdivision A 1 of \u00a7\n33.2-1019.\n\t\t“Owner” means any person owning land, buildings, structures, or\nimprovements upon land where such ownership is of record in the land records of\nthe clerk’s office of the circuit court of the city or county where the\nproperty is located. “Owner” does not include trustees or\nbeneficiaries under a deed of trust, any person with a security interest in the\nproperty, or any person with a judgment or lien against the property. In\nproceedings instituted by the Commissioner of Highways under Title 25.1 or this\ntitle, “owner” includes persons owning structures or improvements\nfor which an outdoor advertising permit has been issued by the Commissioner of\nHighways pursuant to \u00a7 33.2-1208. This definition of owner shall not alter in\nany way the valuation of such land, buildings, structures, or improvements under\nexisting law.\n\t\t“Public highway” means a highway, road, or street. When\napplicable, “public highway” includes a bridge, ferry, causeway,\nlanding, or wharf.\n\nHISTORY: 2014, c. 805.","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}}