{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-613.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-613.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-613.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-613.html"}],"law_id":77757,"edition_id":1,"section_id":77757,"structure_id":15155,"section_number":"45.2-613","catch_line":" Proceedings for condemnation","history":"Code 1950, \u00a7 45-151; 1950, p. 31; 1966, c. 594, \u00a7 45.1-151; 1994, c. 28, \u00a7 45.1-161.320; 2003, c. 940; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nProceedings for condemnation pursuant to this article shall be instituted and conducted in the name of the Commission, and the procedure shall, except as altered by the provisions of this article, be carried out as provided in Chapter 3 (§ 25.1-300 et seq.) of Title 25.1.B\n\nThe proceedings for condemnation shall be by petition to the circuit court of the county or city in which the land, property, or property right, or the major portion thereof sought to be temporarily acquired, is located. The petition shall set forth with reasonable particularity a description and designation of the interest, right, or property intended to be temporarily taken, the name of the owner of the interest, right, or property that is to be taken or affected and such other facts as the Commission deems necessary to give adequate information to the court and all persons in interest. The petition shall be verified by oath by a member of the Commission.C\n\nUpon (i) the filing of the petition described in subsection B in the office of the clerk of the circuit court to which it is addressed, together with as many copies thereof as there are defendants upon which it is to be served, and (ii) the depositing with the clerk for the custody of the court, and for the benefit of the owners of the property taken or affected, an amount of money that the Commission estimates to be just compensation for the property temporarily taken and any damage done, the Commission shall thereupon seize and take possession, custody, and control of the property. The amount of money deposited pursuant to clause (ii) shall not limit the amount of just compensation to be allowed to the owner of the property. The service of such petition upon the defendant shall be made in the manner prescribed by the Rules of Supreme Court of Virginia with respect to Practice and Procedure in Civil Actions in effect at the time the petition is filed.","order_by":null,"text":{"0":{"id":278885,"text":"Proceedings for condemnation pursuant to this article shall be instituted and conducted in the name of the Commission, and the procedure shall, except as altered by the provisions of this article, be carried out as provided in Chapter 3 (§ 25.1-300 et seq.) of Title 25.1.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":278886,"text":"The proceedings for condemnation shall be by petition to the circuit court of the county or city in which the land, property, or property right, or the major portion thereof sought to be temporarily acquired, is located. The petition shall set forth with reasonable particularity a description and designation of the interest, right, or property intended to be temporarily taken, the name of the owner of the interest, right, or property that is to be taken or affected and such other facts as the Commission deems necessary to give adequate information to the court and all persons in interest. The petition shall be verified by oath by a member of the Commission.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":278887,"text":"Upon (i) the filing of the petition described in subsection B in the office of the clerk of the circuit court to which it is addressed, together with as many copies thereof as there are defendants upon which it is to be served, and (ii) the depositing with the clerk for the custody of the court, and for the benefit of the owners of the property taken or affected, an amount of money that the Commission estimates to be just compensation for the property temporarily taken and any damage done, the Commission shall thereupon seize and take possession, custody, and control of the property. The amount of money deposited pursuant to clause (ii) shall not limit the amount of just compensation to be allowed to the owner of the property. The service of such petition upon the defendant shall be made in the manner prescribed by the Rules of Supreme Court of Virginia with respect to Practice and Procedure in Civil Actions in effect at the time the petition is filed.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15155,"edition_id":1,"name":"Emergency Seizure of Coal Property by the Commonwealth","identifier":"3","label":"article","depth":5,"order_by":1,"parent_id":15154,"metadata":{},"date_created":"2026-06-26 03:52:34","date_modified":"2026-06-26 03:52:34","permalink":{"id":223039,"object_type":"structure","relational_id":15155,"identifier":"3","token":"45.2\/II\/A\/6\/3","url":"\/45.2\/II\/A\/6\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15154,"edition_id":1,"name":"Coal Mining Property, Interests, Adjacent Owners, and Dams","identifier":"6","label":"chapter","depth":4,"order_by":1,"parent_id":13784,"metadata":{},"date_created":"2026-06-26 03:52:34","date_modified":"2026-06-26 03:52:34","permalink":{"id":223001,"object_type":"structure","relational_id":15154,"identifier":"6","token":"45.2\/II\/A\/6","url":"\/45.2\/II\/A\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13784,"edition_id":1,"name":"Coal Mines Generally","identifier":"A","label":"part","depth":3,"order_by":1,"parent_id":12985,"metadata":{},"date_created":"2026-06-26 03:45:52","date_modified":"2026-06-26 03:45:52","permalink":{"id":222649,"object_type":"structure","relational_id":13784,"identifier":"A","token":"45.2\/II\/A","url":"\/45.2\/II\/A\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12985,"edition_id":1,"name":"Coal Mining","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:44:06","date_modified":"2026-06-26 03:44:06","permalink":{"id":222647,"object_type":"structure","relational_id":12985,"identifier":"II","token":"45.2\/II","url":"\/45.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59160,"structure_id":15155,"section_number":"45.2-608","catch_line":" \"Public uses\" defined; mining, etc., of coal essential business; subject to seizure by Commonwealth","url":"\/45.2-608\/","token":"45.2\/II\/A\/6\/3\/45.2-608","metadata":false},{"id":57727,"structure_id":15155,"section_number":"45.2-609","catch_line":" Interruption of public uses; proclamation of emergency; seizure","url":"\/45.2-609\/","token":"45.2\/II\/A\/6\/3\/45.2-609","metadata":false},{"id":84507,"structure_id":15155,"section_number":"45.2-610","catch_line":" Additional powers of Governor to operate seized properties","url":"\/45.2-610\/","token":"45.2\/II\/A\/6\/3\/45.2-610","metadata":false},{"id":63341,"structure_id":15155,"section_number":"45.2-611","catch_line":" Virginia Fuel Commission; purpose; membership; compensation; staff; powers and duties; report","url":"\/45.2-611\/","token":"45.2\/II\/A\/6\/3\/45.2-611","metadata":false},{"id":71240,"structure_id":15155,"section_number":"45.2-612","catch_line":" Negotiating purchase or lease of coal properties","url":"\/45.2-612\/","token":"45.2\/II\/A\/6\/3\/45.2-612","metadata":false},{"id":77757,"structure_id":15155,"section_number":"45.2-613","catch_line":" Proceedings for condemnation","url":"\/45.2-613\/","token":"45.2\/II\/A\/6\/3\/45.2-613","metadata":false},{"id":83041,"structure_id":15155,"section_number":"45.2-614","catch_line":" Expense of acquiring and operating coal property; funds derived from operation","url":"\/45.2-614\/","token":"45.2\/II\/A\/6\/3\/45.2-614","metadata":false},{"id":79284,"structure_id":15155,"section_number":"45.2-615","catch_line":"Restoration of property to owner or operator","url":"\/45.2-615\/","token":"45.2\/II\/A\/6\/3\/45.2-615","metadata":false},{"id":82887,"structure_id":15155,"section_number":"45.2-616","catch_line":" Article subject to provisions of general law","url":"\/45.2-616\/","token":"45.2\/II\/A\/6\/3\/45.2-616","metadata":false}],"previous_section":{"id":71240,"structure_id":15155,"section_number":"45.2-612","catch_line":" Negotiating purchase or lease of coal properties","url":"\/45.2-612\/","token":"45.2\/II\/A\/6\/3\/45.2-612","metadata":false},"next_section":{"id":83041,"structure_id":15155,"section_number":"45.2-614","catch_line":" Expense of acquiring and operating coal property; funds derived from operation","url":"\/45.2-614\/","token":"45.2\/II\/A\/6\/3\/45.2-614","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-613\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. 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 1966, chapter 594; in 1994, chapter 28<\/a>; in 2003, chapter 940<\/a>.<\/p>","references":false,"refers_to":[{"id":83870,"section_number":"25.1-300","catch_line":"Definitions","order_by":null,"url":"\/25.1-300\/"}],"permalink":{"id":223061,"object_type":"law","relational_id":77757,"identifier":"45.2-613","token":"45.2\/II\/A\/6\/3\/45.2-613","url":"\/45.2-613\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-613\/","token":"45.2\/II\/A\/6\/3\/45.2-613","dublin_core":{"Title":" Proceedings for condemnation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-613","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Proceedings for condemnation pursuant to this article shall be instituted and conducted in the name of the Commission, and the procedure shall, except as altered by the provisions of this article, be carried out as provided in Chapter 3 (§ 25.1-300<\/a> et seq.) of Title 25.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The proceedings for condemnation shall be by petition<\/span> to the circuit<\/span> court<\/span> of the county or city in which the land, property, or property right, or the major portion thereof sought to be temporarily acquired, is located. The petition<\/span> shall set forth with reasonable particularity a description and designation of the interest, right, or property intended to be temporarily taken, the name of the owner of the interest, right, or property that is to be taken or affected and such other facts<\/span> as the Commission deems necessary to give adequate information to the court<\/span> and all persons in interest. The petition<\/span> shall be verified by oath<\/span> by a member of the Commission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon (i) the filing of the petition<\/span> described in subsection B in the office of the clerk of the circuit<\/span> court<\/span> to which it is addressed, together with as many copies thereof as there are defendants<\/span> upon which it is to be served, and (ii) the depositing with the clerk for the custody<\/span> of the court<\/span>, and for the benefit of the owners of the property taken or affected, an amount of money that the Commission estimates to be just compensation for the property temporarily taken and any damage done, the Commission shall thereupon seize and take possession<\/span>, custody<\/span>, and control of the property. The amount of money deposited pursuant to clause (ii) shall not limit the amount of just compensation to be allowed to the owner of the property. The service of such petition<\/span> upon the defendant<\/span> shall be made in the manner prescribed by the Rules of Supreme Court<\/span> of Virginia with respect to Practice and Procedure in Civil Actions<\/span> in effect at the time the petition<\/span> is filed. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n PROCEEDINGS FOR CONDEMNATION (\u00a7 45.2-613)\n\nA. Proceedings for condemnation pursuant to this article shall be instituted and\nconducted in the name of the Commission, and the procedure shall, except as\naltered by the provisions of this article, be carried out as provided in Chapter\n3 (§ 25.1-300 et seq.) of Title 25.1.\n\nB. The proceedings for condemnation shall be by petition to the circuit court of\nthe county or city in which the land, property, or property right, or the major\nportion thereof sought to be temporarily acquired, is located. The petition\nshall set forth with reasonable particularity a description and designation of\nthe interest, right, or property intended to be temporarily taken, the name of\nthe owner of the interest, right, or property that is to be taken or affected\nand such other facts as the Commission deems necessary to give adequate\ninformation to the court and all persons in interest. The petition shall be\nverified by oath by a member of the Commission.\n\nC. Upon (i) the filing of the petition described in subsection B in the office\nof the clerk of the circuit court to which it is addressed, together with as\nmany copies thereof as there are defendants upon which it is to be served, and\n(ii) the depositing with the clerk for the custody of the court, and for the\nbenefit of the owners of the property taken or affected, an amount of money that\nthe Commission estimates to be just compensation for the property temporarily\ntaken and any damage done, the Commission shall thereupon seize and take\npossession, custody, and control of the property. The amount of money deposited\npursuant to clause (ii) shall not limit the amount of just compensation to be\nallowed to the owner of the property. The service of such petition upon the\ndefendant shall be made in the manner prescribed by the Rules of Supreme Court\nof Virginia with respect to Practice and Procedure in Civil Actions in effect at\nthe time the petition is filed.\n\nHISTORY: Code 1950, \u00a7 45-151; 1950, p. 31; 1966, c. 594, \u00a7 45.1-151; 1994, c.\n28, \u00a7 45.1-161.320; 2003, c. 940; 2021, Sp. Sess. I, c. 387.","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}}