                                 CODE OF VIRGINIA

POSSESSION OF PROPERTY PRIOR TO CONDEMNATION; AUTHORITY TO UTILIZE EXPEDITED
ACQUISITION PROCEDURE CONFERRED (§ 15.2-1904)

A. When a condemnation is authorized by &#xA7; 15.2-1901, a locality may enter
upon and take possession of property before the conclusion of condemnation
proceedings, using the procedures in Chapter 3 (&#xA7; 25.1-300 et seq.) of
Title 25.1, for public purposes of (i) streets and roads, (ii) drainage
facilities, (iii) water supply and sewage disposal systems, including pipes and
lines, (iv) oyster beds and grounds, and for any of the purposes set out in
&#xA7; 15.2-1901.1. In such proceedings, the procedure may be the same as is
prescribed in Chapter 2 (&#xA7; 25.1-200 et seq.) of Title 25.1 or Chapter 3 of
Title 25.1. Property may be condemned after the construction of a project, as
well as prior thereto. The provisions of Chapter 3 of Title 25.1 shall be used
to identify the fund out of which the judgment of the court in condemnation
proceedings shall be paid. However, no property of any public service
corporation shall be condemned except in accordance with &#xA7;&#xA7; 15.2-1906,
15.2-2146 through 15.2-2148 and 25.1-102.

B. In all other condemnation proceedings authorized by &#xA7; 15.2-1901,
property shall be acquired by condemnation proceedings in accordance with the
procedure provided in Chapter 2 of Title 25.1.

C. Before entering and taking possession of any property, the locality shall pay
into court or to the clerk thereof, for the property owner&#8217;s benefit, such
sum as the governing body estimates to be the fair value of the property taken
and damage, if any, done to the residue. Such payment shall not limit the amount
to be allowed under proper proceedings.

D. When a locality enters upon and takes possession of property before the
conclusion of condemnation proceedings pursuant to the procedures in Chapter 3
of Title 25.1, a certificate in lieu of payment may be issued by the governing
body through its authorized designee, which certificate shall be countersigned
by the locality&#8217;s director of finance or authorized agent for availability
of funds.

E. As soon as practicable after the date of payment of the purchase price or the
date of deposit into court of funds to satisfy the award of compensation in a
condemnation proceeding to acquire real property, whichever is earlier, the
locality shall reimburse the property owner, or other person legally obligated
to pay the real property taxes, for the pro rata portion of real property taxes
paid for the period subsequent to the date of title vesting in the locality or
the effective date of possession of the real property by the locality, whichever
is earlier.

HISTORY: Code 1950, §§ 15-668.1, 15-668.2; 1954, c. 384; 1958, c. 382; 1960,
c. 6; 1962, cc. 494, 511, 623, § 15.1-238; 1964, c. 269; 1979, c. 303; 1983, c.
434; 1989, c. 304; 1990, c. 514; 1997, c. 587; 2003, cc. 680, 940.