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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>87214</law_id><section_number>36-27</section_number><catch_line>Eminent domain</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>15.2-4901</reference><reference>36-27.1</reference><reference>36-27.2</reference><reference>36-49</reference><reference>36-49.1</reference><reference>36-49.1:1</reference><reference>36-51</reference><reference>36-52.3</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="36">Housing</unit><unit label="chapter" level="2" order_by="1" identifier="1">Housing Authorities Law</unit><unit label="article" level="3" order_by="1" identifier="3">General Powers of Authority</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> An <span class="dictionary">authority</span> shall have the right to acquire by the exercise of the power of eminent domain any <span class="dictionary">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 <span class="dictionary">real property</span> described therein is necessary for such public purposes. An <span class="dictionary">authority</span> may exercise the power of eminent domain in the manner provided in Chapter 2 (&#xA7; <a class="law" title="Chapter controls condemnation proceedings" href="/25.1-200/">25.1-200</a> et seq.) of Title 25.1. In condemnation proceedings <span class="dictionary">evidence</span> may be presented as to the value of the property including but not limited to the owner&#x2019;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 <span class="dictionary">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 <span class="dictionary">court</span> determines that such unreasonable delay has occurred, it shall instruct the commissioners or jurors in such proceedings to allow any <span class="dictionary">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 <span class="dictionary">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. <a id="paragraph-312304" class="section-permalink" href="https://vacode.org/36-27/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> Prior to the adoption of any redevelopment plan for a <span class="dictionary">redevelopment area</span> pursuant to &#xA7; <a class="law" title="Adoption of Redevelopment Plans" href="/36-49/">36-49</a> or any conservation plan for a <span class="dictionary">conservation area</span> pursuant to &#xA7; <a class="law" title="Adoption of Conservation Plans" href="/36-49.1/">36-49.1</a>, an <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">testimony</span> with respect to the proposed redevelopment or <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">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 (&#xA7; <a class="law" title="Definitions" href="/54.1-2009/">54.1-2009</a> et seq.) of Title 54.1. <a id="paragraph-312305" class="section-permalink" href="https://vacode.org/36-27/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> In all such cases the proceedings shall be according to the provisions of Chapter 2 (&#xA7; <a class="law" title="Chapter controls condemnation proceedings" href="/25.1-200/">25.1-200</a> et seq.) of Title 25.1, so far as they can be applied to the same. No <span class="dictionary">real property</span> belonging to the <span class="dictionary">city</span>, the <span class="dictionary">county</span>, the Commonwealth or any other political subdivision thereof may be acquired without its consent. <a id="paragraph-312306" class="section-permalink" href="https://vacode.org/36-27/#C"><i class="fa fa-link"/></a></p></section></text><history>1938, p. 453; Michie Code 1942, &#xA7; 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.</history><metadata></metadata></law>
