                                 CODE OF VIRGINIA

FAILURE OF OWNER TO FILE ANSWER AND GROUNDS OF DEFENSE (§ 25.1-214)

A. The failure of any owner to file an answer and grounds of defense as provided
in &#xA7; 25.1-213 shall not preclude the owner from (i) appearing on the date
set for the appointment of commissioners or the empanelment of a jury, (ii)
presenting evidence as to valuation and damage, or (iii) sharing in the award of
just compensation according to his interest therein or otherwise protecting his
rights. However, such failure shall preclude the owner from any other defense by
way of pleas in bar or otherwise, except that for good cause shown the time for
filing such answer and grounds of defense may be extended by the court.

B. If the owner fails to file an answer and grounds of defense, or if the owner
files an answer and grounds of defense that fails to elect to have the
determination of just compensation made by either commissioners or a jury, then
the petitioner may elect to have the issue of just compensation determined by
either commissioners or a jury, or by the court as provided in &#xA7; 25.1-220.

HISTORY: Code 1919, § 4365; Code 1950, § 25-10; 1962, c. 426, § 25-46.9;
1975, c. 189; 1991, c. 520; 2000, c. 1029; 2003, c. 940; 2006, c. 586; 2010, c.
835.