{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/36-27.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/36-27.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/36-27.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/36-27.html"}],"law_id":87214,"edition_id":1,"section_id":87214,"structure_id":14045,"section_number":"36-27","catch_line":"Eminent domain","history":"1938, p. 453; Michie Code 1942, \u00a7 3145(12); 1958, c. 518; 1972, cc. 466, 782; 1989, c. 593; 1998, c. 880; 2000, c. 1029; 2001, c. 729; 2002, c. 272; 2003, c. 940; 2006, cc. 586, 784.","full_text":"A\n\nAn authority shall have the right to acquire by the exercise of the power of eminent domain any real property pursuant to a duly adopted redevelopment or conservation plan, or otherwise only in accordance with this chapter, after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such public purposes. An authority may exercise the power of eminent domain in the manner provided in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1. In condemnation proceedings evidence may be presented as to the value of the property including but not limited to the owner’s appraisal and the effect that any pending application for a zoning change, special use permit application or variance application may have on the value of the property. The court may also determine whether there has been unreasonable delay in the institution of the proceedings after public announcement by the condemnor of a project that necessitates acquisition by the condemnor of a designated land area consisting of or including the land sought to be condemned. If the court determines that such unreasonable delay has occurred, it shall instruct the commissioners or jurors in such proceedings to allow any damages proved to their satisfaction by the landowner or landowners to have been sustained to his or their land during and because of such delay, in addition to and separately from the fair market value thereof, but such damages shall not exceed the actual diminution if any in fair market value of the land in substantially the same physical condition over the period of the delay.B\n\nPrior to the adoption of any redevelopment plan for a redevelopment area pursuant to § 36-49 or any conservation plan for a conservation area pursuant to § 36-49.1, an authority shall send by certified mail, postage prepaid, to the record owner or owners of every parcel of property to be acquired pursuant to such plan, at their last known address as contained in the records of the treasurer, the current real estate tax assessment records, or the records of such other officer responsible for collecting taxes in that locality, a notice advising such owner that (i) the property owned by such owner is proposed to be acquired, (ii) such owner will have the right to appear before the local governing body and present testimony with respect to the proposed redevelopment or conservation area, and (iii) such owner will have the right to appear in any condemnation proceeding instituted to acquire the property and present any defense which such owner may have to the taking. Such notice shall not be the basis for eligibility for relocation benefits. At the time it makes its price offer, the authority shall also provide to the property owner a copy of the appraisal of the fair market value of such property upon which the authority has based the amount offered for the property, which appraisal shall be prepared by a real estate appraiser licensed in accordance with Chapter 20.1 (§ 54.1-2009 et seq.) of Title 54.1.C\n\nIn all such cases the proceedings shall be according to the provisions of Chapter 2 (§ 25.1-200 et seq.) of Title 25.1, so far as they can be applied to the same. No real property belonging to the city, the county, the Commonwealth or any other political subdivision thereof may be acquired without its consent.","order_by":null,"text":{"0":{"id":312304,"text":"An authority shall have the right to acquire by the exercise of the power of eminent domain any real property pursuant to a duly adopted redevelopment or conservation plan, or otherwise only in accordance with this chapter, after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such public purposes. An authority may exercise the power of eminent domain in the manner provided in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1. In condemnation proceedings evidence may be presented as to the value of the property including but not limited to the owner’s appraisal and the effect that any pending application for a zoning change, special use permit application or variance application may have on the value of the property. The court may also determine whether there has been unreasonable delay in the institution of the proceedings after public announcement by the condemnor of a project that necessitates acquisition by the condemnor of a designated land area consisting of or including the land sought to be condemned. If the court determines that such unreasonable delay has occurred, it shall instruct the commissioners or jurors in such proceedings to allow any damages proved to their satisfaction by the landowner or landowners to have been sustained to his or their land during and because of such delay, in addition to and separately from the fair market value thereof, but such damages shall not exceed the actual diminution if any in fair market value of the land in substantially the same physical condition over the period of the delay.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":312305,"text":"Prior to the adoption of any redevelopment plan for a redevelopment area pursuant to § 36-49 or any conservation plan for a conservation area pursuant to § 36-49.1, an authority shall send by certified mail, postage prepaid, to the record owner or owners of every parcel of property to be acquired pursuant to such plan, at their last known address as contained in the records of the treasurer, the current real estate tax assessment records, or the records of such other officer responsible for collecting taxes in that locality, a notice advising such owner that (i) the property owned by such owner is proposed to be acquired, (ii) such owner will have the right to appear before the local governing body and present testimony with respect to the proposed redevelopment or conservation area, and (iii) such owner will have the right to appear in any condemnation proceeding instituted to acquire the property and present any defense which such owner may have to the taking. Such notice shall not be the basis for eligibility for relocation benefits. At the time it makes its price offer, the authority shall also provide to the property owner a copy of the appraisal of the fair market value of such property upon which the authority has based the amount offered for the property, which appraisal shall be prepared by a real estate appraiser licensed in accordance with Chapter 20.1 (§ 54.1-2009 et seq.) of Title 54.1.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":312306,"text":"In all such cases the proceedings shall be according to the provisions of Chapter 2 (§ 25.1-200 et seq.) of Title 25.1, so far as they can be applied to the same. No real property belonging to the city, the county, the Commonwealth or any other political subdivision thereof may be acquired without its consent.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14045,"edition_id":1,"name":"General Powers of Authority","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13338,"metadata":{},"date_created":"2026-06-26 03:46:41","date_modified":"2026-06-26 03:46:41","permalink":{"id":208365,"object_type":"structure","relational_id":14045,"identifier":"3","token":"36\/1\/3","url":"\/36\/1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13338,"edition_id":1,"name":"Housing Authorities Law","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12779,"metadata":{},"date_created":"2026-06-26 03:44:40","date_modified":"2026-06-26 03:44:40","permalink":{"id":208259,"object_type":"structure","relational_id":13338,"identifier":"1","token":"36\/1","url":"\/36\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12779,"edition_id":1,"name":"Housing","identifier":"36","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":208257,"object_type":"structure","relational_id":12779,"identifier":"36","token":"36","url":"\/36\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83308,"structure_id":14045,"section_number":"36-19","catch_line":"Enumeration of powers","url":"\/36-19\/","token":"36\/1\/3\/36-19","metadata":false},{"id":83656,"structure_id":14045,"section_number":"36-19.1","catch_line":"Special provisions; City of Roanoke","url":"\/36-19.1\/","token":"36\/1\/3\/36-19.1","metadata":false},{"id":63009,"structure_id":14045,"section_number":"36-19.2","catch_line":"Powers limited by necessity for authority from or approval by governing body; public hearing on proposed budget","url":"\/36-19.2\/","token":"36\/1\/3\/36-19.2","metadata":false},{"id":74193,"structure_id":14045,"section_number":"36-19.3","catch_line":"Repealed","url":"\/36-19.3\/","token":"36\/1\/3\/36-19.3","metadata":false},{"id":60046,"structure_id":14045,"section_number":"36-19.4","catch_line":"Referendum prior to making cooperation agreements for public housing projects in the City of Portsmouth","url":"\/36-19.4\/","token":"36\/1\/3\/36-19.4","metadata":false},{"id":74242,"structure_id":14045,"section_number":"36-19.5","catch_line":"Additional powers","url":"\/36-19.5\/","token":"36\/1\/3\/36-19.5","metadata":false},{"id":60448,"structure_id":14045,"section_number":"36-20","catch_line":"Housing research and studies","url":"\/36-20\/","token":"36\/1\/3\/36-20","metadata":false},{"id":62931,"structure_id":14045,"section_number":"36-21","catch_line":"Housing projects not to be operated for profit","url":"\/36-21\/","token":"36\/1\/3\/36-21","metadata":false},{"id":80328,"structure_id":14045,"section_number":"36-22","catch_line":"Rentals and tenant selection","url":"\/36-22\/","token":"36\/1\/3\/36-22","metadata":false},{"id":87386,"structure_id":14045,"section_number":"36-22.1","catch_line":"Conveyance of streets; no trespass policy","url":"\/36-22.1\/","token":"36\/1\/3\/36-22.1","metadata":false},{"id":70663,"structure_id":14045,"section_number":"36-23","catch_line":"Housing authority operations in other municipalities","url":"\/36-23\/","token":"36\/1\/3\/36-23","metadata":false},{"id":55139,"structure_id":14045,"section_number":"36-24","catch_line":"Cooperation of authorities","url":"\/36-24\/","token":"36\/1\/3\/36-24","metadata":false},{"id":67398,"structure_id":14045,"section_number":"36-25","catch_line":"Payments by housing authorities to other bodies","url":"\/36-25\/","token":"36\/1\/3\/36-25","metadata":false},{"id":74197,"structure_id":14045,"section_number":"36-26","catch_line":"Aid from federal government","url":"\/36-26\/","token":"36\/1\/3\/36-26","metadata":false},{"id":87214,"structure_id":14045,"section_number":"36-27","catch_line":"Eminent domain","url":"\/36-27\/","token":"36\/1\/3\/36-27","metadata":false},{"id":69973,"structure_id":14045,"section_number":"36-27.01","catch_line":"Plan for alternative housing of persons displaced by condemnation, conversion, etc","url":"\/36-27.01\/","token":"36\/1\/3\/36-27.01","metadata":false},{"id":56001,"structure_id":14045,"section_number":"36-27.1","catch_line":"Damages to leasehold interests in the City of Waynesboro","url":"\/36-27.1\/","token":"36\/1\/3\/36-27.1","metadata":false},{"id":76094,"structure_id":14045,"section_number":"36-27.2","catch_line":"Limitations on certain housing authorities; exception","url":"\/36-27.2\/","token":"36\/1\/3\/36-27.2","metadata":false},{"id":55897,"structure_id":14045,"section_number":"36-28","catch_line":"Planning, zoning and building laws","url":"\/36-28\/","token":"36\/1\/3\/36-28","metadata":false}],"previous_section":{"id":74197,"structure_id":14045,"section_number":"36-26","catch_line":"Aid from federal government","url":"\/36-26\/","token":"36\/1\/3\/36-26","metadata":false},"next_section":{"id":69973,"structure_id":14045,"section_number":"36-27.01","catch_line":"Plan for alternative housing of persons displaced by condemnation, conversion, etc","url":"\/36-27.01\/","token":"36\/1\/3\/36-27.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/36-27\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 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 1958, chapter 518; in 1972, chapters 466 and 782; in 1989, chapter 593; in 1998, chapter 880<\/a>; in 2000, chapter 1029<\/a>; in 2001, chapter 729<\/a>; in 2002, chapter 272<\/a>; in 2003, chapter 940<\/a>; in 2006, chapters 586<\/a> and 784<\/a>.<\/p>","references":[{"id":54556,"section_number":"15.2-4901","catch_line":"Purpose of chapter","order_by":null,"url":"\/15.2-4901\/"},{"id":56001,"section_number":"36-27.1","catch_line":"Damages to leasehold interests in the City of Waynesboro","order_by":null,"url":"\/36-27.1\/"},{"id":76094,"section_number":"36-27.2","catch_line":"Limitations on certain housing authorities; exception","order_by":null,"url":"\/36-27.2\/"},{"id":67710,"section_number":"36-49","catch_line":"Adoption of Redevelopment Plans","order_by":null,"url":"\/36-49\/"},{"id":68949,"section_number":"36-49.1","catch_line":"Adoption of Conservation Plans","order_by":null,"url":"\/36-49.1\/"},{"id":79608,"section_number":"36-49.1:1","catch_line":"Spot blight abatement authorized; procedure","order_by":null,"url":"\/36-49.1_1\/"},{"id":76351,"section_number":"36-51","catch_line":"Redevelopment plans","order_by":null,"url":"\/36-51\/"},{"id":85873,"section_number":"36-52.3","catch_line":"Adoption and designation of \"rehabilitation area.\"","order_by":null,"url":"\/36-52.3\/"}],"refers_to":[{"id":62316,"section_number":"25.1-200","catch_line":"Chapter controls condemnation proceedings","order_by":null,"url":"\/25.1-200\/"},{"id":67710,"section_number":"36-49","catch_line":"Adoption of Redevelopment Plans","order_by":null,"url":"\/36-49\/"},{"id":68949,"section_number":"36-49.1","catch_line":"Adoption of Conservation Plans","order_by":null,"url":"\/36-49.1\/"},{"id":87406,"section_number":"54.1-2009","catch_line":"Definitions","order_by":null,"url":"\/54.1-2009\/"}],"permalink":{"id":208423,"object_type":"law","relational_id":87214,"identifier":"36-27","token":"36\/1\/3\/36-27","url":"\/36-27\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/36-27\/","token":"36\/1\/3\/36-27","dublin_core":{"Title":"Eminent domain","Type":"Text","Format":"text\/html","Identifier":"\u00a7 36-27","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An authority<\/span> shall have the right to acquire by the exercise of the power of eminent domain any real property<\/span> pursuant to a duly adopted redevelopment or conservation plan, or otherwise only in accordance with this chapter, after the adoption by it of a resolution declaring that the acquisition of the real property<\/span> described therein is necessary for such public purposes. An authority<\/span> may exercise the power of eminent domain in the manner provided in Chapter 2 (§ 25.1-200<\/a> et seq.) of Title 25.1. In condemnation proceedings evidence<\/span> may be presented as to the value of the property including but not limited to the owner’s appraisal and the effect that any pending application for a zoning change, special use permit application or variance application may have on the value of the property. The court<\/span> may also determine whether there has been unreasonable delay in the institution of the proceedings after public announcement by the condemnor of a project that necessitates acquisition by the condemnor of a designated land area consisting of or including the land sought to be condemned. If the court<\/span> determines that such unreasonable delay has occurred, it shall instruct the commissioners or jurors in such proceedings to allow any damages<\/span> proved to their satisfaction by the landowner or landowners to have been sustained to his or their land during and because of such delay, in addition to and separately from the fair market value thereof, but such damages<\/span> shall not exceed the actual diminution if any in fair market value of the land in substantially the same physical condition over the period of the delay. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to the adoption of any redevelopment plan for a redevelopment area<\/span> pursuant to § 36-49<\/a> or any conservation plan for a conservation area<\/span> pursuant to § 36-49.1<\/a>, an authority<\/span> shall send by certified mail, postage prepaid, to the record owner or owners of every parcel of property to be acquired pursuant to such plan, at their last known address as contained in the records of the treasurer, the current real estate tax assessment records, or the records of such other officer responsible for collecting taxes in that locality<\/span>, a notice advising such owner that (i) the property owned by such owner is proposed to be acquired, (ii) such owner will have the right to appear before the local governing body and present testimony<\/span> with respect to the proposed redevelopment or conservation area<\/span>, and (iii) such owner will have the right to appear in any condemnation proceeding instituted to acquire the property and present any defense which such owner may have to the taking. Such notice shall not be the basis for eligibility for relocation benefits. At the time it makes its price offer, the authority<\/span> shall also provide to the property owner a copy of the appraisal of the fair market value of such property upon which the authority<\/span> has based the amount offered for the property, which appraisal shall be prepared by a real estate appraiser licensed in accordance with Chapter 20.1 (§ 54.1-2009<\/a> et seq.) of Title 54.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In all such cases the proceedings shall be according to the provisions of Chapter 2 (§ 25.1-200<\/a> et seq.) of Title 25.1, so far as they can be applied to the same. No real property<\/span> belonging to the city<\/span>, the county<\/span>, the Commonwealth or any other political subdivision thereof may be acquired without its consent. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMINENT DOMAIN (\u00a7 36-27)\n\nA. An authority shall have the right to acquire by the exercise of the power of\neminent domain any real property pursuant to a duly adopted redevelopment or\nconservation plan, or otherwise only in accordance with this chapter, after the\nadoption by it of a resolution declaring that the acquisition of the real\nproperty described therein is necessary for such public purposes. An authority\nmay exercise the power of eminent domain in the manner provided in Chapter 2\n(§ 25.1-200 et seq.) of Title 25.1. In condemnation proceedings evidence\nmay be presented as to the value of the property including but not limited to\nthe owner’s appraisal and the effect that any pending application for a\nzoning change, special use permit application or variance application may have\non the value of the property. The court may also determine whether there has\nbeen unreasonable delay in the institution of the proceedings after public\nannouncement by the condemnor of a project that necessitates acquisition by the\ncondemnor of a designated land area consisting of or including the land sought\nto be condemned. If the court determines that such unreasonable delay has\noccurred, it shall instruct the commissioners or jurors in such proceedings to\nallow any damages proved to their satisfaction by the landowner or landowners to\nhave been sustained to his or their land during and because of such delay, in\naddition to and separately from the fair market value thereof, but such damages\nshall not exceed the actual diminution if any in fair market value of the land\nin substantially the same physical condition over the period of the delay.\n\nB. Prior to the adoption of any redevelopment plan for a redevelopment area\npursuant to § 36-49 or any conservation plan for a conservation area\npursuant to § 36-49.1, an authority shall send by certified mail, postage\nprepaid, to the record owner or owners of every parcel of property to be\nacquired pursuant to such plan, at their last known address as contained in the\nrecords of the treasurer, the current real estate tax assessment records, or the\nrecords of such other officer responsible for collecting taxes in that locality,\na notice advising such owner that (i) the property owned by such owner is\nproposed to be acquired, (ii) such owner will have the right to appear before\nthe local governing body and present testimony with respect to the proposed\nredevelopment or conservation area, and (iii) such owner will have the right to\nappear in any condemnation proceeding instituted to acquire the property and\npresent any defense which such owner may have to the taking. Such notice shall\nnot be the basis for eligibility for relocation benefits. At the time it makes\nits price offer, the authority shall also provide to the property owner a copy\nof the appraisal of the fair market value of such property upon which the\nauthority has based the amount offered for the property, which appraisal shall\nbe prepared by a real estate appraiser licensed in accordance with Chapter 20.1\n(§ 54.1-2009 et seq.) of Title 54.1.\n\nC. In all such cases the proceedings shall be according to the provisions of\nChapter 2 (§ 25.1-200 et seq.) of Title 25.1, so far as they can be applied\nto the same. No real property belonging to the city, the county, the\nCommonwealth or any other political subdivision thereof may be acquired without\nits consent.\n\nHISTORY: 1938, p. 453; Michie Code 1942, \u00a7 3145(12); 1958, c. 518; 1972, cc.\n466, 782; 1989, c. 593; 1998, c. 880; 2000, c. 1029; 2001, c. 729; 2002, c. 272;\n2003, c. 940; 2006, cc. 586, 784.","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}}