                                 CODE OF VIRGINIA

DEFINITIONS (§ 25.1-100)

As used in this title, unless the context requires a different meaning:
		&#8220;Appraisal&#8221; means a written statement independently and
impartially prepared by a qualified appraiser setting forth an opinion of
defined value of an adequately described property as of a specific date,
supported by the presentation and analysis of relevant market information.
		&#8220;Body determining just compensation&#8221; means a panel of
commissioners empaneled pursuant to § 25.1-227.2, jury selected pursuant to §
25.1-229, or the court if neither a panel of commissioners nor a jury is
appointed or empaneled.
		&#8220;Court&#8221; means the court having jurisdiction as provided in §
25.1-201.
		&#8220;Date of valuation&#8221; means the time of the lawful taking by the
petitioner, or the date of the filing of the petition pursuant to § 25.1-205,
whichever occurs first.
		&#8220;Freeholder&#8221; means any person owning an interest in land in fee,
including a person owning a condominium unit.
		&#8220;Land&#8221; means real estate and all rights and appurtenances thereto,
together with the structures and other improvements thereon, and any right,
title, interest, estate or claim in or to real estate.
		&#8220;Locality&#8221; or &#8220;local government&#8221; means a county, city,
or town, as the context may require.
		&#8220;Lost access&#8221; means a change of vehicular or pedestrian access to
property that is caused by a public use project for which the eminent domain
power has been exercised against the property and which results in a diminution
in the value of the property.
		&#8220;Lost profits&#8221; means a loss of profits or expected profits
suffered by a business or farm operation as a result of a taking or damaging of
the property on which the business or farm operation is operated for a period
not to exceed three years from the later of (i) the date of valuation or (ii)
the date the state agency or its contractor prevents the owner from using the
land or any of the owner&#8217;s other property rights are taken. The business
or farm operation claiming lost profits is entitled to compensation whether part
of the property or the entire parcel of property is taken or damaged, and bears
the burden of proving lost profits in accordance with the requirements of
subsection C of § 25.1-230.1.
		&#8220;Owner&#8221; means any person who owns property, provided that the
person&#8217;s ownership of the property is of record in the land records of the
clerk&#8217;s office of the circuit court of the county or city where the
property is located. The term &#8220;owner&#8221; shall not include trustees or
beneficiaries under a deed of trust, any person with a security interest in the
property, or any person with a judgment or lien against the property. This
definition of the term &#8220;owner&#8221; shall not affect in any way the
valuation of property.
		&#8220;Person&#8221; means any individual; firm; cooperative; association;
corporation; limited liability company; trust; business trust; syndicate;
partnership; limited liability partnership; joint venture; receiver; trustee in
bankruptcy or any other person acting in a fiduciary or representative capacity,
whether appointed by a court or otherwise; club, society or other group or
combination acting as a unit; the Commonwealth or any department, agency or
instrumentality thereof; any city, county, town, or other political subdivision
or any department, agency or instrumentality thereof; or any interstate body to
which the Commonwealth is a party.
		&#8220;Petitioner&#8221; or &#8220;condemnor&#8221; means any person who
possesses the power to exercise the right of eminent domain and who seeks to
exercise such power. The term &#8220;petitioner&#8221; or
&#8220;condemnor&#8221; includes a state agency.
		&#8220;Property&#8221; means land and personal property, and any right, title,
interest, estate or claim in or to such property.
		&#8220;State agency&#8221; means any (i) department, agency or instrumentality
of the Commonwealth; (ii) public authority, municipal corporation, local
governmental unit or political subdivision of the Commonwealth or any
department, agency or instrumentality thereof; (iii) person who has the
authority to acquire property by eminent domain under state law; or (iv) two or
more of the aforementioned that carry out projects that cause persons to be
displaced.
		&#8220;State institution&#8221; means any (i) institution enumerated in §
23.1-1100 or (ii) state hospital or state training center operated by the
Department of Behavioral Health and Developmental Services.

HISTORY: 1962, c. 426, § 25-46.3; 1991, c. 520; 2000, c. 1029; 2002, c. 878;
2003, c. 940; 2006, c. 586; 2009, cc. 813, 840; 2010, c. 835; 2011, cc. 117,
190; 2012, cc. 476, 507, 699, 719; 2015, c. 642; 2017, c. 314; 2018, c. 702;
2022, cc. 734, 735.