                                 CODE OF VIRGINIA

AUTHORITY OF CERTAIN CONDEMNORS TO INSPECT PROPERTY; REIMBURSEMENT FOR DAMAGES;
NOTICE PRIOR TO ENTRY (§ 25.1-203)

A. In connection with any project wherein the power of eminent domain may be
exercised, any locality or any petitioner exercising the procedure set forth in
Chapter 3 (&#xA7; 25.1-300 et seq.), acting through its duly authorized
officers, agents or employees, may enter upon any property without the written
permission of its owner if the petitioner has requested the owner&#8217;s
permission to inspect the property as provided in subsection B.

B. 1. A request for permission to inspect shall (i) be on the petitioner&#8217;s
official letterhead and signed by an authorized officer, agent, or employee of
such entity; (ii) be sent to the owner by certified mail, return receipt
requested, delivered by guaranteed overnight courier, or otherwise delivered to
the owner in person with proof of delivery; (iii) be made not less than 30 days
prior to the first date of the proposed inspection; and (iv) notify the owner
that if permission is withheld, the petitioner shall be permitted to enter the
property on the date of the proposed inspection. A mere citation of this section
number of the Code of Virginia shall not satisfy the requirements of clause
(iv). A request for permission to inspect shall be deemed to be made on the date
of mailing, if mailed, or otherwise on the date of delivery.

   2. A request for permission to inspect shall include (i) the specific date or
   dates such inspection is proposed to be made; (ii) the name of the entity
   entering the property; (iii) the number of persons for whom permission is
   sought; (iv) the purpose for which entry is made; and (v) the testing,
   appraisals, or examinations to be performed and other actions to be taken.

   3. If a request for permission is provided in accordance with subdivision 1, a
   petitioner may enter the property sooner than the 30 days indicated in the
   request only if the owner provides permission, in writing, to enter on an
   earlier date.

C. Any entry authorized by this section (i) shall be for the purpose of making
surveys, tests, appraisals or examinations thereof in order to determine the
suitability of such property for the project, and (ii) shall not be deemed a
trespass.

D. The petitioner shall make reimbursement for any actual damages resulting from
entry upon the property. In any action filed under this section, the court may
award the owner his reasonable (i) attorney fees, (ii) court costs, and (iii)
fees for up to three experts or as many experts as are called by the petitioner,
whichever is greater, who testified at trial if the court finds that the
petitioner damaged the owner&#8217;s property. A proceeding under this
subsection shall not preclude the owner from pursuing any additional remedies
available at law or equity.

E. The requirements of this section shall not apply to the practice of land
surveying, as defined in &#xA7; 54.1-400, when such surveying is not involved in
any eminent domain or any proposed eminent domain matter.

HISTORY: 1968, c. 415, § 25-232.1; 1970, c. 182; 2003, c. 940; 2005, c. 877;
2019, c. 788; 2021, Sp. Sess. I, c. 60.