{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1013.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1013.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1013.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1013.html"}],"law_id":63987,"edition_id":1,"section_id":63987,"structure_id":14693,"section_number":"33.2-1013","catch_line":"Notice of exercise of eminent domain power; evidence of value","history":"2000, cc. 822, 843, \u00a7 33.1-95.1; 2003, c. 940; 2014, c. 805.","full_text":"A\n\nAs used in this section:\n\t\t\t“Fair market value” means the price that the real property would bring if it were offered for sale by one who wanted to sell, but was under no necessity, and was bought by one who wanted to buy, but was under no necessity.\n\t\t\t“Owner” means any person owning an estate or interest in buildings, structures, or other improvements on real property, which estate or interest is recorded in the official records of the circuit court where the property is located, or improvements for which a permit has been issued by the Commissioner of Highways pursuant to § 33.2-1208. “Owner” does not include trustees or beneficiaries under a deed of trust or any person owning only a security interest in the real property.B\n\nNotwithstanding anything to the contrary contained in this chapter or in Chapter 2 (\u00a7 25.1-200 et seq.) of Title 25.1:1\n\nThe Commissioner of Highways shall notify every owner, as defined in this section, of a building, structure, or other improvement if the Commissioner of Highways intends to exercise the power of eminent domain in a manner that would result in a taking of the building, structure, or other improvement.2\n\nThe owner of any such building, structure, or other improvement may present evidence of the fair market value of such building, structure, or other improvement in the proceedings described in § 25.1-233, provided such owner has filed a petition for intervention pursuant to § 25.1-218.3\n\nIf the owner of such building, structure, or improvement is different from the owner of the underlying land, then such owner shall not be allowed to proffer any evidence of value that the owner of the underlying land would not be permitted to proffer if the building, structure, or improvement were owned by the owner of the underlying land; and4\n\nThe provisions of this section shall not apply to condemnation proceedings in which the petition for condemnation was filed prior to July 1, 2000.","order_by":null,"text":{"0":{"id":232996,"text":"As used in this section:\n\t\t\t“Fair market value” means the price that the real property would bring if it were offered for sale by one who wanted to sell, but was under no necessity, and was bought by one who wanted to buy, but was under no necessity.\n\t\t\t“Owner” means any person owning an estate or interest in buildings, structures, or other improvements on real property, which estate or interest is recorded in the official records of the circuit court where the property is located, or improvements for which a permit has been issued by the Commissioner of Highways pursuant to § 33.2-1208. “Owner” does not include trustees or beneficiaries under a deed of trust or any person owning only a security interest in the real property.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":232997,"text":"Notwithstanding anything to the contrary contained in this chapter or in Chapter 2 (\u00a7 25.1-200 et seq.) of Title 25.1:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":232998,"text":"The Commissioner of Highways shall notify every owner, as defined in this section, of a building, structure, or other improvement if the Commissioner of Highways intends to exercise the power of eminent domain in a manner that would result in a taking of the building, structure, or other improvement.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":232999,"text":"The owner of any such building, structure, or other improvement may present evidence of the fair market value of such building, structure, or other improvement in the proceedings described in § 25.1-233, provided such owner has filed a petition for intervention pursuant to § 25.1-218.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":233000,"text":"If the owner of such building, structure, or improvement is different from the owner of the underlying land, then such owner shall not be allowed to proffer any evidence of value that the owner of the underlying land would not be permitted to proffer if the building, structure, or improvement were owned by the owner of the underlying land; and","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":233001,"text":"The provisions of this section shall not apply to condemnation proceedings in which the petition for condemnation was filed prior to July 1, 2000.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1013\/","history_text":"

This law was first created in 2000. The record of its establishment is cataloged in chapters 822<\/a> and 843<\/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 2 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 2003, chapter 940<\/a>; in 2014, chapter 805<\/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\/"},{"id":65942,"section_number":"25.1-233","catch_line":"Confirmation of report; exceptions to report","order_by":null,"url":"\/25.1-233\/"},{"id":83618,"section_number":"33.2-1208","catch_line":"Permits required","order_by":null,"url":"\/33.2-1208\/"}],"permalink":{"id":205427,"object_type":"law","relational_id":63987,"identifier":"33.2-1013","token":"33.2\/II\/10\/1\/33.2-1013","url":"\/33.2-1013\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1013\/","token":"33.2\/II\/10\/1\/33.2-1013","dublin_core":{"Title":"Notice of exercise of eminent domain power; evidence of value","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1013","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Fair market value<\/span>” means the price that the real property would bring if it were offered for sale by one who wanted to sell, but was under no necessity, and was bought by one who wanted to buy, but was under no necessity.\n\t\t\t“Owner<\/span>” means any person owning an estate or interest in buildings, structures, or other improvements on real property, which estate or interest is recorded in the official records of the circuit<\/span> court<\/span> where the property is located, or improvements for which a permit has been issued by the Commissioner of Highways<\/span> pursuant to § 33.2-1208<\/a>. “Owner<\/span>” does not include trustees or beneficiaries under a deed of trust or any person owning only a security interest in the real property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Notwithstanding anything to the contrary contained in this chapter or in Chapter 2 (\u00a7 25.1-200<\/a> et seq.) of Title 25.1: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Commissioner of Highways<\/span> shall notify every owner<\/span>, as defined in this section, of a building, structure, or other improvement if the Commissioner of Highways<\/span> intends to exercise the power of eminent domain in a manner that would result in a taking of the building, structure, or other improvement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The owner<\/span> of any such building, structure, or other improvement may present evidence<\/span> of the fair market value<\/span> of such building, structure, or other improvement in the proceedings described in § 25.1-233<\/a>, provided such owner<\/span> has filed a petition<\/span> for intervention pursuant to § 25.1-218<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If the owner<\/span> of such building, structure, or improvement is different from the owner<\/span> of the underlying land, then such owner<\/span> shall not be allowed to proffer any evidence<\/span> of value that the owner<\/span> of the underlying land would not be permitted to proffer if the building, structure, or improvement were owned by the owner<\/span> of the underlying land; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The provisions of this section shall not apply to condemnation proceedings in which the petition<\/span> for condemnation was filed prior to July 1, 2000. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE OF EXERCISE OF EMINENT DOMAIN POWER; EVIDENCE OF VALUE (\u00a7 33.2-1013)\n\nA. As used in this section:\n\t\t\t“Fair market value” means the price that the real property would\nbring if it were offered for sale by one who wanted to sell, but was under no\nnecessity, and was bought by one who wanted to buy, but was under no necessity.\n\t\t\t“Owner” means any person owning an estate or interest in\nbuildings, structures, or other improvements on real property, which estate or\ninterest is recorded in the official records of the circuit court where the\nproperty is located, or improvements for which a permit has been issued by the\nCommissioner of Highways pursuant to § 33.2-1208. “Owner” does\nnot include trustees or beneficiaries under a deed of trust or any person owning\nonly a security interest in the real property.\n\nB. Notwithstanding anything to the contrary contained in this chapter or in\nChapter 2 (\u00a7 25.1-200 et seq.) of Title 25.1:\n\n 1. The Commissioner of Highways shall notify every owner, as defined in this\n section, of a building, structure, or other improvement if the Commissioner of\n Highways intends to exercise the power of eminent domain in a manner that\n would result in a taking of the building, structure, or other improvement.\n\n 2. The owner of any such building, structure, or other improvement may present\n evidence of the fair market value of such building, structure, or other\n improvement in the proceedings described in § 25.1-233, provided such\n owner has filed a petition for intervention pursuant to § 25.1-218.\n\n 3. If the owner of such building, structure, or improvement is different from\n the owner of the underlying land, then such owner shall not be allowed to\n proffer any evidence of value that the owner of the underlying land would not\n be permitted to proffer if the building, structure, or improvement were owned\n by the owner of the underlying land; and\n\n 4. The provisions of this section shall not apply to condemnation proceedings\n in which the petition for condemnation was filed prior to July 1, 2000.\n\nHISTORY: 2000, cc. 822, 843, \u00a7 33.1-95.1; 2003, c. 940; 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}}