                                 CODE OF VIRGINIA

CONDEMNATION OF LANDS WITHIN ADOPTED CONSERVATION OR REDEVELOPMENT PLANS (§
25.1-107)

A. After the adoption of a conservation or redevelopment plan pursuant to
Article 7 (&#xA7; 36-48 et seq.) of Chapter 1 of Title 36, should any property
located within the area of the conservation or redevelopment plan be downzoned
without the expressed consent of the property owner and should the locality
initiate condemnation proceedings against that owner after any such downzoning,
the date of valuation shall be the date of adoption of the conservation or
redevelopment plan. However, if the owner of the property on the date of the
downzoning no longer owns the property on the date condemnation proceedings are
initiated, then the date of valuation shall be the date of the filing of the
petition for a condemnation or a certificate pursuant to Chapter 3 of this
title, as the case may be.

B. If property located within a conservation or redevelopment plan adopted
pursuant to Article 7 (&#xA7; 36-48 et seq.) of Chapter 1 of Title 36 was
downzoned without the expressed consent of the property owner within a period of
five years prior to the adoption of the conservation or redevelopment plan and
if such downzoning was not part of a comprehensive rezoning of the locality,
then, if the locality should initiate condemnation proceedings within five years
after the adoption of the conservation or redevelopment plan against the same
owner who owned the property at the time of the downzoning, the date of
valuation shall be the day before the date the property was downzoned. However,
if the owner of the property on the date condemnation proceedings are initiated
is not the same owner on the date the property is downzoned, then the date of
valuation shall be the date of the filing of a petition for condemnation or a
certificate pursuant to Chapter 3 (&#xA7; 25.1-300 et seq.) of this title, as
the case may be.

C. Where the date of valuation in condemnation proceedings governed by this
section predates the date of any downzoning action, the locality may introduce
into evidence before the body determining just compensation the estimated
difference between the amount of real estate taxes that the owner would have
paid had the downzoning not occurred and the amount of real estate taxes
assessed against the property since the date of the downzoning and the body
determining just compensation may offset the award by that amount.

HISTORY: 2004, c. 540.