                                 CODE OF VIRGINIA

SPECIAL PROVISIONS FOR COUNTIES (§ 15.2-1905)

A. When a county is authorized by subsection A of &#xA7; 15.2-1904 to use the
procedures set forth in Chapter 3 (&#xA7; 25.1-300 et seq.) of Title 25.1, it
shall comply either with the requirements of subsection B or subsection C.

B. 1. No property shall be entered upon and taken by any county before the
conclusion of condemnation proceedings unless, prior to entering upon and taking
possession of such property or right-of-way, the governing body of the county
notifies the owners of the property by certified mail, that it intends to enter
upon and take the property. Such notice shall be sent by the date specified in
the resolution or ordinance required by § 15.2-1903 and shall set forth the
compensation and damages offered by the county to each property owner;

   2. Any property owner given notice as provided in subdivision 1 may, within 30
   days following the sending of the notice, institute a proceeding in the
   circuit court of the county, wherein the condemnation proceedings are to be
   instituted, to determine whether such taking is of such necessity as to
   justify resort to entry upon the property prior to an agreement between the
   county and the property owner as to compensation and damages to be paid
   therefor. Any other property owner affected may intervene. The county shall be
   served notice as provided by law and shall be made a party defendant. The
   proceedings shall be placed upon the privileged docket of the court and shall
   take precedence over all other civil matters pending therein and shall be
   speedily heard and disposed of. The issue in any such proceeding shall be
   whether the circumstances are such as to justify an entry upon and taking
   possession by the county of the property involved prior to an agreement or
   award upon compensation and damages therefor. If the court is of the opinion
   that no such necessity exists, and that such manner of taking would work an
   undue hardship upon any such owner, it shall enter an order requiring the
   county to proceed by methods of condemnation providing for the determination
   of compensation and damages for property to be taken prior to such taking, if
   the county deems it necessary to proceed with the project for which the
   property is sought; and

   3. At any time after the giving of the notice as provided in subdivision 1,
   upon the filing of an application by the landowner to such effect in the court
   having jurisdiction, and, in any event, within 120 days after the completion
   of the project for which the entry and taking of possession prior to
   condemnation was undertaken, if the county and the owner of such property have
   been unable to agree as to compensation and damages, if any, caused thereby,
   the county shall institute condemnation proceedings, and the amount of such
   compensation and damages, if any, awarded to the owner in such proceeding
   shall be paid by the county. The authorities constructing such project under
   the authority of this section shall use diligence to protect growing crops and
   pastures and to prevent damage to any property not taken. So far as possible
   all rights-of-way shall be acquired or contracted for before any condemnation
   is resorted to.

C. As an alternative to the procedure set forth in subsection B, any other laws
to the contrary notwithstanding, upon the passage of an ordinance or resolution
following a public hearing by the board of supervisors of any county declaring
its intent to enter and take certain specified properties for any of the
purposes set out in subsection A of &#xA7; 15.2-1904, which ordinance or
resolution shall also state the compensation and damages, if any, offered each
property owner by the county and declare the necessity to enter upon and take
such property prior to or during the condemnation proceedings, the county, for
such purposes set forth in the resolution or ordinance, shall be authorized to
institute and conduct condemnation proceedings in accordance with the procedure
set forth in Chapter 2 (&#xA7; 25.1-200 et seq.) of Title 25.1, except that (i)
the county may institute and conduct condemnation proceedings in accordance with
the procedure set forth in Chapter 3 (&#xA7; 25.1-300 et seq.) of Title 25.1 and
(ii) such proceedings shall be instituted by and conducted in the name of the
governing body of the county.

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, c. 940.