                                 CODE OF VIRGINIA

CONDEMNATION OF PROPERTY OF CORPORATIONS POSSESSING POWER OF EMINENT DOMAIN (§
25.1-102)

A. Except as provided in &#xA7;&#xA7; 15.2-1906 and 15.2-2146, no (i)
corporation or (ii) electric authority created under the provisions of Chapter
54 (&#xA7; 15.2-5400 et seq.) of Title 15.2 shall file a petition to take by
condemnation proceedings any property belonging to any other corporation
possessing the power of eminent domain, unless, after notice to all parties in
interest and an opportunity for a hearing, the State Corporation Commission
shall certify that a public necessity or that an essential public convenience
shall so require, and shall give its permission thereto; and in no event shall
one corporation take by condemnation proceedings any property owned by and
essential to the purposes of another corporation possessing the power of eminent
domain. Notwithstanding anything herein to the contrary, a locality exercising
the powers granted by &#xA7; 15.2-2109 or &#xA7; 15.2-2115 shall be subject to
the provisions of this section to the same extent as are corporations, unless
otherwise provided in &#xA7; 15.2-1906 or &#xA7; 15.2-2146.

B. If the State Corporation Commission gives its permission to a condemnation,
the Commission shall establish for use in any condemnation proceeding whether
any payment for stranded investment is appropriate and, if so, the amount of
such payment and any conditions thereof.

C. Any condemnor that is authorized to use the procedure set out in Chapter 3
(&#xA7; 25.1-300 et seq.) of this title by a provision that incorporates such
procedure by reference shall, in using such procedure, be subject to the
provisions of this section to the same extent as are corporations, unless the
provision specifically provides that this section shall not apply to such
condemnor&#8217;s use of such procedure.

HISTORY: Code 1919, § 3832; 1996, c. 619, § 25-233; 1999, cc. 484, 531; 2003,
c. 940.