                                 CODE OF VIRGINIA

EFFORT TO PURCHASE REQUIRED; PREREQUISITE TO EFFORT TO PURCHASE OR FILING
CERTIFICATE (§ 25.1-204)

A. A condemnor shall not institute proceedings to condemn property until a bona
fide but ineffectual effort to purchase from the owner the property sought to be
condemned has been made. However, such effort shall not be required if the
consent cannot be obtained because one or more of the owners (i) is a person
under a disability or is otherwise unable to convey legal title to such
property, (ii) is unknown, or (iii) cannot with reasonable diligence be found
within this Commonwealth.

B. Such bona fide effort shall include delivery of, or attempt to deliver, a
written offer to acquire accompanied by a written statement to the owner that
explains the factual basis for the condemnor&#8217;s offer. The written
statement shall include a description of the public use for which it is
necessary to acquire the owner&#8217;s property and shall contain a
certification that the acquisition has been reviewed by the condemnor for
purposes of complying with &#xA7; 1-219.1. The written offer shall be made upon
the state agency&#8217;s letterhead and shall be signed by an authorized
employee of such state agency.

C. If the condemnor obtains an appraisal of the property pursuant to the
provisions of &#xA7; 25.1-417, such written statement shall include a complete
copy of the appraisal of the property upon which such offer is based. If the
condemnor obtains more than one appraisal, such written statement shall include
a copy of all appraisals obtained prior to making an offer to acquire or
initiating negotiations for the real property.

D. Notwithstanding any provision of law to the contrary, a condemnor, prior to
making an offer to acquire a permanent interest in property by purchase or
filing a certificate of take or certificate of deposit pursuant to Chapter 3
(&#xA7; 25.1-300 et seq.) or &#xA7; 33.2-1019, shall (i) conduct or cause to be
conducted an examination of title to the property in order to ascertain the
identity of each owner of such property and to determine the nature and extent
of such owner&#8217;s interests in the property, which examination of title
shall be for at least 60 years and shall be documented in a report showing all
matters that affect the current ownership, existing liens, encumbrances, and
other matters affecting title as of the date of the title report; (ii) provide
to such owner or owners a copy of the title report; and (iii) provide to such
owner or owners a copy of all recorded instruments identified in the title
report.

E. A state agency&#8217;s acquisition of real property in connection with any
programs or projects pursuant to this title or Title 33.2 shall be conducted in
accordance with the following provisions:

   1. Before making an offer to acquire or initiating any related negotiations
   for real property, the state agency shall establish an amount which it
   believes to be just compensation therefor and shall make a prompt offer to
   acquire the property for the full amount so established. In no event shall
   such amount be less than the state agency&#8217;s approved appraisal of the
   fair market value of such property, if such an appraisal is required, or the
   current assessed value of such property for real estate tax purposes, unless
   the property has physically changed in a material and substantial way since
   the current assessment date such that the real estate tax assessment no longer
   represents a fair valuation of the property, when the entire parcel for which
   the assessment is made is to be acquired, whichever is greater. Any decrease
   or increase in the fair market value of real property prior to the date of
   valuation caused by the public improvement for which such property is
   acquired, or by the likelihood that the property would be acquired for such
   improvement, other than that due to physical deterioration within the
   reasonable control of the owner, shall be disregarded in determining the
   compensation for the property. The state agency concerned shall provide the
   owner of real property to be acquired with a written statement of, and summary
   of the basis for, the amount it established as just compensation, and, if an
   appraisal is required or obtained, such written statement and summary shall
   include a complete copy of all appraisals of the real property to be acquired
   that the state agency obtained prior to making an offer to acquire or
   initiating negotiations for the real property. The state agency shall provide
   its written statement of the amount it established as just compensation on its
   letterhead, which shall be signed by an authorized employee of such state
   agency. Where appropriate, the just compensation for the real property
   acquired and for damages to remaining real property shall be separately
   stated.

   2. No owner shall be required to surrender possession of real property before
   the state agency pays the agreed purchase price, or deposits with the state
   court in accordance with applicable law, for the benefit of the owner, (i) an
   amount not less than the state agency&#8217;s approved appraisal of the fair
   market value of such property, if such an appraisal is required, or the
   current assessed value of such property for real estate tax purposes, unless
   the property has physically changed in a material and substantial way since
   the current assessment date such that the real estate tax assessment no longer
   represents a fair valuation of the property, when the entire parcel for which
   the assessment is made is to be acquired, whichever is greater, or (ii) the
   amount of the award of compensation in the condemnation proceeding for such
   property.

F. Nothing in this section shall make evidence of tax assessments admissible as
proof of value in an eminent domain proceeding.

HISTORY: Code 1919, § 4363; Code 1950, § 25-7; 1962, c. 426, § 25-46.5; 1998,
c. 556; 2000, c. 1029; 2003, cc. 627, 940; 2005, c. 878; 2011, cc. 117, 190;
2013, c. 764; 2020, c. 793; 2022, c. 735; 2025, cc. 125, 617.