                                 CODE OF VIRGINIA

DISMISSAL OF PROCEEDINGS AFTER COMMENCEMENT OF TRIAL ON ISSUE OF JUST
COMPENSATION (§ 25.1-249)

At any time after a hearing has begun in the trial of the issue of just
compensation for the taking or damaging of any property or property interest, if
the petitioner has not already acquired title or a lesser interest in, or taken
possession of, such property, or paid the amount of just compensation into
court, and before the time for noting an appeal from any final order upon a
report of just compensation, the petitioner may, upon motion, obtain as a matter
of right an order dismissing the proceedings as to such property. Such order
shall also provide that the petitioner shall pay such owner or owners for the
following expenses that have been actually incurred by them in such amounts as
the court deems just and reasonable: (i) an attorney&#8217;s fee; (ii) witness
fees, including reasonable fees of not more than three expert witnesses; and
(iii) other reasonable expenses and compensation for time spent as a result of
the condemnation proceedings. If any such expenses are not paid within 30 days
of the entry of such order, judgment therefor shall be entered against the
petitioner.

HISTORY: Code 1919, § 4387; 1934, p. 514; Code 1950, § 25-22; 1962, c. 426, §
25-46.34; 1972, c. 742; 2003, c. 940.