                                 CODE OF VIRGINIA

GENERAL PROVISIONS FOR CONDUCT OF ACQUISITION (§ 25.1-417)

A. If a state agency acquires real property in connection with any programs or
projects, such acquisition shall be conducted, to the greatest extent
practicable, in accordance with the following provisions:

   1. The state agency shall make every reasonable effort to acquire
   expeditiously real property by negotiation.

   2. Real property shall be appraised before the initiation of negotiations, and
   the owner or his designated representative shall be given an opportunity to
   accompany the appraiser during his inspection of the property; however, the
   requirements of this subdivision shall not apply if the state agency&#8217;s
   official who is responsible for the acquisition determines that the value of
   the property being acquired is less than $25,000, based on assessment records
   or other objective evidence. Whenever the value of the property being acquired
   is determined to be between $10,000 and $25,000, the state agency, at the time
   an offer is made initiating negotiations, shall disclose to the owner or his
   designated representative that the offer has been established based on
   assessment records or other objective evidence and not an appraisal and that
   he may request that an appraisal be prepared and used as the basis for
   establishing just compensation pursuant to this section.

   3. 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   the current assessment date such that the real estate tax assessment no longer
   represents a fair valuation of the property, when the entire parcel for which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 any related negotiations for the real property. Where appropriate,
   the just compensation for the real property acquired and for damages to
   remaining real property shall be separately stated.

   4. 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.

   5. The construction or development of a public improvement shall be so
   scheduled that, to the greatest extent practicable, no person lawfully
   occupying real property shall be required to move from a dwelling, assuming a
   replacement dwelling will be available, or to move his business or farm
   operation, without at least 90-days&#8217; written notice from the state
   agency, of the date by which such move is required.

   6. If the state agency permits an owner or tenant to occupy the real property
   acquired on a rental basis for a short term for a period subject to
   termination by the state agency on a short notice, the amount of rent required
   shall not exceed the fair rental value of the property to a short-term
   occupier.

   7. In no event shall the state agency either advance the time of condemnation,
   or defer negotiations or condemnation and the deposit of funds in court for
   the use of the owner, or take any other action coercive in nature, in order to
   compel an agreement on the price to be paid for the property.

   8. If any interest in real property is to be acquired by exercise of the power
   of eminent domain, the state agency shall institute formal condemnation
   proceedings. No state agency shall intentionally make it necessary for an
   owner to institute legal proceedings to prove the fact of the taking of his
   real property.

   9. If the acquisition of only part of a property would leave its owner with an
   uneconomic remnant, the state agency concerned shall offer to acquire the
   entire property.

   10. A person whose real property is being acquired in accordance with this
   article may, after the person has been fully informed of his right to receive
   just compensation for such property, donate such property, and part thereof,
   any interest therein, or any compensation paid therefor to a state agency, as
   such person shall determine.

B. The provisions of this section create no rights or liabilities and shall not
affect the validity of any property acquisitions by purchase or condemnation.

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

HISTORY: 1972, c. 738, §§ 25-235.1, 25-248; 2000, cc. 851, 1029; 2001, c. 260;
2003, c. 940; 2011, cc. 117, 190, 335; 2013, c. 764.