                                 CODE OF VIRGINIA

PRETRIAL SETTLEMENT CONFERENCE; DETERMINATION OF PRELIMINARY ISSUES; FIXING DATE
OF TRIAL ON ISSUE OF JUST COMPENSATION (§ 25.1-219)

A. The owner or the petitioner in any condemnation proceeding may request and,
if requested, the court shall order a pretrial settlement conference. Such
conference shall be conducted by a neutral third party, if available. Such
conference may be requested at any time by either the owner or the petitioner.
If requested, such conference shall be held within the 30 days preceding the
scheduled trial date. If such a conference is ordered, the court shall order
both parties to appear with counsel, if any, and the parties shall appear with
settlement authority. All settlement conferences conducted pursuant to this
provision shall be nonbinding. If settlement is not reached, the matter shall
proceed to trial as set upon the docket.

B. At the hearing upon the petition and application for either the appointment
of commissioners or the empanelment of a jury made in accordance with &#xA7;
25.1-209, if no answer and grounds of defense has been filed objecting to the
jurisdiction of the court to hear the case and to proceed with the appointment
of commissioners or the empanelment of a jury, the court shall enter an order
fixing a date for the trial of the issue of just compensation and stating that
such issue shall be determined by a commission, by a jury or by the court, as
provided in &#xA7; 25.1-220. If any answer and grounds of defense has been filed
objecting to the jurisdiction of the court, the court shall determine such
issues or other matters in controversy, excepting the issue of just compensation
or matters relating to the ownership of any land or other property or the
interests of any party in such land or other property before fixing a date for
the trial of the issue of just compensation.

C. If the court determines all such issues or other matters involving the
jurisdiction of the court in favor of the petitioner, the court shall enter an
order fixing a date for the trial of the issue of just compensation and stating
that such issue shall be determined either by a commission, by a jury or by the
court, as provided in &#xA7; 25.1-220.

D. An order of the court in favor of the petitioner on any of the foregoing
preliminary issues or matters shall not be a final order for purposes of appeal
but an order against the petitioner on such issues or matters shall be a final
order for purposes of appeal, if the petitioner so elects. If the order against
the petitioner does not dismiss the petition, the petitioner may elect to
proceed with the case without waiving any of its objections and exceptions to
the rulings of the court.

E. At such hearing the court shall also determine whether the petitioner shall
be granted a right of entry as provided in &#xA7; 25.1-223.

HISTORY: 1962, c. 426, § 25-46.17; 1991, c. 520; 2000, c. 1029; 2002, c. 272;
2003, c. 940; 2006, c. 586; 2010, c. 835.