                                 CODE OF VIRGINIA

PETITION BY OWNER FOR DETERMINATION OF JUST COMPENSATION (§ 25.1-318)

A. The owner of property that an authorized condemnor has entered and taken
possession of, or taken defeasible title of, pursuant to the provisions of this
chapter may petition the circuit court of the locality in which the greater
portion of the property lies for the appointment of commissioners or the
empanelment of a jury to determine just compensation for the property taken and
damages done, if any, to such property, as provided in Chapter 2 (§ 25.1-200 et
seq.) if (i) the owner and the authorized condemnor have not reached an
agreement as to compensation and damages, if any, and (ii) the authorized
condemnor:

   1. Has not completed the construction of the contemplated improvements upon
   the property after a reasonable time for such construction has elapsed; or

   2. Has not instituted condemnation proceedings within:
   				a. Sixty days after completion of the construction of the contemplated
   improvements upon the property;
   				b. One hundred days after the authorized condemnor has entered upon and
   taken possession of the property, regardless of whether the construction of
   the contemplated improvements has been completed; or
   				c. One hundred days after the recordation of a certificate.

B. A copy of such petition shall be served upon the authorized condemnor at
least 10 days before it is filed in the court. The authorized condemnor shall
file an answer thereto within five days after the filing of the petition. If the
court finds that the conditions prerequisite for such appointment as provided in
subsection A are satisfied, the court shall appoint commissioners or empanel a
jury, as requested in the owner&#8217;s petition, to ascertain the amount of
compensation to be paid for the property taken and damages done, if any. The
proceedings shall thereafter be governed by the procedure prescribed by Chapter
2 (&#xA7; 25.1-200 et seq.) insofar as the same may be applicable, except that
the owner shall have the burden of proceeding with the evidence as to just
compensation. The authorized condemnor shall reimburse the owner for his fees
and costs, including filing fees and attorney fees, incurred in filing the
owner&#8217;s petition.

HISTORY: 2003, c. 940; 2006, c. 586; 2010, c. 835; 2017, c. 593; 2022, c. 735;
2025, c. 617.