                                 CODE OF VIRGINIA

EMPANELMENT OF COMMISSIONERS (§ 25.1-227.2)

A. The parties to the eminent domain proceeding may agree upon five or nine
persons qualified to act as commissioners, as provided in subsection B of &#xA7;
25.1-227.1.

B. If the parties cannot agree upon five or nine qualified persons to act as
commissioners, then each party shall present to the court a list containing the
names of at least eight qualified persons. If any party fails to submit such a
list of names, the court may, in its discretion, submit such a list on such
party&#8217;s behalf.

C. From the lists submitted pursuant to subsection B, the court shall select the
names of thirteen potential commissioners and at least two alternates. At least
30 days prior to their service, such persons shall be summoned to appear.

D. If nine qualified persons are selected, the petitioner and the owners shall
each have two peremptory challenges and the remaining five shall serve as
commissioners. If five qualified persons are agreed upon as provided in
subsection A, they shall serve as commissioners.

E. If an owner has filed no answer to the petition, and the court finds that the
owner is not represented by counsel, the court may, in its discretion, and
subject to the right of the petitioner to challenge for cause, subpoena five
persons who shall serve as commissioners.

F. Any three or more of the five commissioners may act.

G. In condemnation proceedings instituted by the Commissioner of Highways, a
person owning structures or improvements for which an outdoor advertising permit
has been issued by the Commissioner of Highways pursuant to &#xA7; 33.2-1208
shall be deemed to be an &#8220;owner&#8221; for purposes of this section.

HISTORY: 2010, c. 835; 2016, c. 265; 2018, c. 158.