{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1814.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1814.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1814.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1814.html"}],"law_id":67019,"edition_id":1,"section_id":67019,"structure_id":13500,"section_number":"33.2-1814","catch_line":"Condemnation","history":"1994, c. 855, \u00a7 56-569; 1995, c. 647; 2005, cc. 504, 562; 2014, c. 805.","full_text":"A\n\nAt the request of the private entity, the responsible public entity may exercise any power of condemnation that it has under law for the purpose of acquiring any lands or estates or interests therein to the extent that the responsible public entity finds that such action serves the public purpose of this chapter. Any amounts to be paid in any such condemnation proceeding shall be paid by the private entity.B\n\nExcept as provided in subsection A, until the Commission, after notice to the private entity and the secured parties, as may appear in the private entity’s records, and an opportunity for hearing, has entered a final declaratory judgment that a material default has occurred and is continuing, the power of condemnation may not be exercised against a qualifying transportation facility.C\n\nAfter the entry of such final order by the Commission, any responsible public entity having the power of condemnation under state law may exercise such power of condemnation, in lieu of or at any time after taking over the transportation facility pursuant to subdivision A 1 of § 33.2-1813, to acquire the qualifying transportation facility or facilities. Nothing in this chapter shall be construed to limit the exercise of the power of condemnation by any responsible public entity against a qualifying transportation facility after the entry by the Commission of a final declaratory judgment order pursuant to subsection B. Any person that has provided financing for the qualifying transportation facility and the private entity, to the extent of its capital investment, may participate in the condemnation proceedings with the standing of a property owner.","order_by":null,"text":{"0":{"id":242918,"text":"At the request of the private entity, the responsible public entity may exercise any power of condemnation that it has under law for the purpose of acquiring any lands or estates or interests therein to the extent that the responsible public entity finds that such action serves the public purpose of this chapter. Any amounts to be paid in any such condemnation proceeding shall be paid by the private entity.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":242919,"text":"Except as provided in subsection A, until the Commission, after notice to the private entity and the secured parties, as may appear in the private entity’s records, and an opportunity for hearing, has entered a final declaratory judgment that a material default has occurred and is continuing, the power of condemnation may not be exercised against a qualifying transportation facility.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":242920,"text":"After the entry of such final order by the Commission, any responsible public entity having the power of condemnation under state law may exercise such power of condemnation, in lieu of or at any time after taking over the transportation facility pursuant to subdivision A 1 of § 33.2-1813, to acquire the qualifying transportation facility or facilities. Nothing in this chapter shall be construed to limit the exercise of the power of condemnation by any responsible public entity against a qualifying transportation facility after the entry by the Commission of a final declaratory judgment order pursuant to subsection B. Any person that has provided financing for the qualifying transportation facility and the private entity, to the extent of its capital investment, may participate in the condemnation proceedings with the standing of a property owner.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13500,"edition_id":1,"name":"Public-Private Transportation Act of 1995","identifier":"18","label":"chapter","depth":3,"order_by":1,"parent_id":13146,"metadata":{},"date_created":"2026-06-26 03:45:04","date_modified":"2026-06-26 03:45:04","permalink":{"id":206817,"object_type":"structure","relational_id":13500,"identifier":"18","token":"33.2\/III\/18","url":"\/33.2\/III\/18\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13146,"edition_id":1,"name":"Transportation Funding and Development","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":206483,"object_type":"structure","relational_id":13146,"identifier":"III","token":"33.2\/III","url":"\/33.2\/III\/","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":58174,"structure_id":13500,"section_number":"33.2-1800","catch_line":"Definitions","url":"\/33.2-1800\/","token":"33.2\/III\/18\/33.2-1800","metadata":false},{"id":54467,"structure_id":13500,"section_number":"33.2-1801","catch_line":"Policy","url":"\/33.2-1801\/","token":"33.2\/III\/18\/33.2-1801","metadata":false},{"id":71783,"structure_id":13500,"section_number":"33.2-1802","catch_line":"Prerequisite for operation","url":"\/33.2-1802\/","token":"33.2\/III\/18\/33.2-1802","metadata":false},{"id":87041,"structure_id":13500,"section_number":"33.2-1803","catch_line":"Approval by the responsible public entity","url":"\/33.2-1803\/","token":"33.2\/III\/18\/33.2-1803","metadata":false},{"id":82571,"structure_id":13500,"section_number":"33.2-1803.1","catch_line":"Finding of public interest","url":"\/33.2-1803.1\/","token":"33.2\/III\/18\/33.2-1803.1","metadata":false},{"id":68237,"structure_id":13500,"section_number":"33.2-1803.1:1","catch_line":"Public sector analysis and competition","url":"\/33.2-1803.1_1\/","token":"33.2\/III\/18\/33.2-1803.1_1","metadata":false},{"id":80775,"structure_id":13500,"section_number":"33.2-1803.2","catch_line":"Transportation Public-Private Partnership Steering Committee","url":"\/33.2-1803.2\/","token":"33.2\/III\/18\/33.2-1803.2","metadata":false},{"id":85932,"structure_id":13500,"section_number":"33.2-1804","catch_line":"Service contracts","url":"\/33.2-1804\/","token":"33.2\/III\/18\/33.2-1804","metadata":false},{"id":65908,"structure_id":13500,"section_number":"33.2-1805","catch_line":"Affected localities or public entities","url":"\/33.2-1805\/","token":"33.2\/III\/18\/33.2-1805","metadata":false},{"id":84826,"structure_id":13500,"section_number":"33.2-1806","catch_line":"Dedication of public property","url":"\/33.2-1806\/","token":"33.2\/III\/18\/33.2-1806","metadata":false},{"id":60775,"structure_id":13500,"section_number":"33.2-1807","catch_line":"Powers and duties of the private entity","url":"\/33.2-1807\/","token":"33.2\/III\/18\/33.2-1807","metadata":false},{"id":67786,"structure_id":13500,"section_number":"33.2-1808","catch_line":"Comprehensive agreement","url":"\/33.2-1808\/","token":"33.2\/III\/18\/33.2-1808","metadata":false},{"id":84012,"structure_id":13500,"section_number":"33.2-1809","catch_line":"Interim agreement","url":"\/33.2-1809\/","token":"33.2\/III\/18\/33.2-1809","metadata":false},{"id":86910,"structure_id":13500,"section_number":"33.2-1810","catch_line":"Multiple public entities","url":"\/33.2-1810\/","token":"33.2\/III\/18\/33.2-1810","metadata":false},{"id":76088,"structure_id":13500,"section_number":"33.2-1811","catch_line":"Federal, state, and local assistance","url":"\/33.2-1811\/","token":"33.2\/III\/18\/33.2-1811","metadata":false},{"id":74906,"structure_id":13500,"section_number":"33.2-1812","catch_line":"Financing","url":"\/33.2-1812\/","token":"33.2\/III\/18\/33.2-1812","metadata":false},{"id":80530,"structure_id":13500,"section_number":"33.2-1813","catch_line":"Material default; remedies","url":"\/33.2-1813\/","token":"33.2\/III\/18\/33.2-1813","metadata":false},{"id":67019,"structure_id":13500,"section_number":"33.2-1814","catch_line":"Condemnation","url":"\/33.2-1814\/","token":"33.2\/III\/18\/33.2-1814","metadata":false},{"id":73567,"structure_id":13500,"section_number":"33.2-1815","catch_line":"Utility crossings","url":"\/33.2-1815\/","token":"33.2\/III\/18\/33.2-1815","metadata":false},{"id":79555,"structure_id":13500,"section_number":"33.2-1816","catch_line":"Police powers; violations of law","url":"\/33.2-1816\/","token":"33.2\/III\/18\/33.2-1816","metadata":false},{"id":82536,"structure_id":13500,"section_number":"33.2-1817","catch_line":"Dedication of assets","url":"\/33.2-1817\/","token":"33.2\/III\/18\/33.2-1817","metadata":false},{"id":80098,"structure_id":13500,"section_number":"33.2-1818","catch_line":"Sovereign immunity","url":"\/33.2-1818\/","token":"33.2\/III\/18\/33.2-1818","metadata":false},{"id":72301,"structure_id":13500,"section_number":"33.2-1819","catch_line":"Procurement","url":"\/33.2-1819\/","token":"33.2\/III\/18\/33.2-1819","metadata":false},{"id":55286,"structure_id":13500,"section_number":"33.2-1820","catch_line":"Posting of conceptual proposals; public comment; public access to procurement records","url":"\/33.2-1820\/","token":"33.2\/III\/18\/33.2-1820","metadata":false},{"id":71227,"structure_id":13500,"section_number":"33.2-1821","catch_line":"Jurisdiction","url":"\/33.2-1821\/","token":"33.2\/III\/18\/33.2-1821","metadata":false},{"id":76828,"structure_id":13500,"section_number":"33.2-1822","catch_line":"Contributions and gifts; prohibition during approval process","url":"\/33.2-1822\/","token":"33.2\/III\/18\/33.2-1822","metadata":false},{"id":75555,"structure_id":13500,"section_number":"33.2-1823","catch_line":"Preservation of the Virginia Highway Corporation Act of 1988","url":"\/33.2-1823\/","token":"33.2\/III\/18\/33.2-1823","metadata":false},{"id":69769,"structure_id":13500,"section_number":"33.2-1824","catch_line":"Repealed","url":"\/33.2-1824\/","token":"33.2\/III\/18\/33.2-1824","metadata":false}],"previous_section":{"id":80530,"structure_id":13500,"section_number":"33.2-1813","catch_line":"Material default; remedies","url":"\/33.2-1813\/","token":"33.2\/III\/18\/33.2-1813","metadata":false},"next_section":{"id":73567,"structure_id":13500,"section_number":"33.2-1815","catch_line":"Utility crossings","url":"\/33.2-1815\/","token":"33.2\/III\/18\/33.2-1815","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1814\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 855<\/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 3 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 1995, chapter 647<\/a>; in 2005, chapters 504<\/a> and 562<\/a>; in 2014, chapter 805<\/a>.<\/p>","references":false,"refers_to":[{"id":80530,"section_number":"33.2-1813","catch_line":"Material default; remedies","order_by":null,"url":"\/33.2-1813\/"}],"permalink":{"id":206887,"object_type":"law","relational_id":67019,"identifier":"33.2-1814","token":"33.2\/III\/18\/33.2-1814","url":"\/33.2-1814\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1814\/","token":"33.2\/III\/18\/33.2-1814","dublin_core":{"Title":"Condemnation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1814","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> At the request of the private entity<\/span>, the responsible public entity<\/span> may exercise any power of condemnation that it has under law<\/span> for the purpose of acquiring any lands or estates or interests therein to the extent that the responsible public entity<\/span> finds that such action serves the public purpose of this chapter. Any amounts to be paid in any such condemnation proceeding shall be paid by the private entity<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as provided in subsection A, until the Commission<\/span>, after notice to the private entity<\/span> and the secured parties, as may appear in the private entity<\/span>’s records, and an opportunity for hearing<\/span>, has entered a final declaratory judgment<\/span> that a material default<\/span> has occurred and is continuing, the power of condemnation may not be exercised against a qualifying transportation facility<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> After the entry of such final order<\/span> by the Commission<\/span>, any responsible public entity<\/span> having the power of condemnation under state<\/span> law<\/span> may exercise such power of condemnation, in lieu of or at any time after taking over the transportation facility pursuant to subdivision A 1 of § 33.2-1813<\/a>, to acquire the qualifying transportation facility<\/span> or facilities. Nothing in this chapter shall be construed to limit the exercise of the power of condemnation by any responsible public entity<\/span> against a qualifying transportation facility<\/span> after the entry by the Commission<\/span> of a final declaratory judgment<\/span> order pursuant to subsection B. Any person that has provided financing for the qualifying transportation facility<\/span> and the private entity<\/span>, to the extent of its capital investment, may participate in the condemnation proceedings with the standing of a property owner. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONDEMNATION (\u00a7 33.2-1814)\n\nA. At the request of the private entity, the responsible public entity may\nexercise any power of condemnation that it has under law for the purpose of\nacquiring any lands or estates or interests therein to the extent that the\nresponsible public entity finds that such action serves the public purpose of\nthis chapter. Any amounts to be paid in any such condemnation proceeding shall\nbe paid by the private entity.\n\nB. Except as provided in subsection A, until the Commission, after notice to the\nprivate entity and the secured parties, as may appear in the private\nentity’s records, and an opportunity for hearing, has entered a final\ndeclaratory judgment that a material default has occurred and is continuing, the\npower of condemnation may not be exercised against a qualifying transportation\nfacility.\n\nC. After the entry of such final order by the Commission, any responsible public\nentity having the power of condemnation under state law may exercise such power\nof condemnation, in lieu of or at any time after taking over the transportation\nfacility pursuant to subdivision A 1 of § 33.2-1813, to acquire the\nqualifying transportation facility or facilities. Nothing in this chapter shall\nbe construed to limit the exercise of the power of condemnation by any\nresponsible public entity against a qualifying transportation facility after the\nentry by the Commission of a final declaratory judgment order pursuant to\nsubsection B. Any person that has provided financing for the qualifying\ntransportation facility and the private entity, to the extent of its capital\ninvestment, may participate in the condemnation proceedings with the standing of\na property owner.\n\nHISTORY: 1994, c. 855, \u00a7 56-569; 1995, c. 647; 2005, cc. 504, 562; 2014, c.\n805.","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}}