                                 CODE OF VIRGINIA

BUILDINGS, STRUCTURES AND OTHER IMPROVEMENTS ON REAL PROPERTY (§ 25.1-421)

A. To the greatest extent practicable, where an interest in real property is
acquired by a state agency, the state agency shall acquire an equal interest in
all buildings, structures, or other improvements located upon the real property
so acquired and that are required to be removed from such real property so
acquired and that are determined to be adversely affected by the use to which
such real property will be put.

B. For the purpose of determining the just compensation to be paid for any
building, structure or other improvement required to be acquired as provided in
subsection A, such building, structure or other improvement shall be deemed to
be a part of the real property to be acquired, notwithstanding the right or
obligation of a tenant, as against the owner of any other interest in the real
property, to remove such building, structure or improvement at the expiration of
his term. In such event, the tenant shall be paid an amount equal to the greater
of (i) the fair market value that such building, structure or improvement
contributes to the fair market value of the real property to be acquired or (ii)
the fair market value of such building, structure or improvement to be removed
from the real property.

C. Payment for such building, structures or improvements as set forth in
subsections A and B shall not result in duplication of any payments otherwise
authorized by other laws of the Commonwealth. No such payment shall be made
unless the owner of the land involved disclaims all interest in the improvements
of the tenant. In consideration for any such payment, the tenant shall assign,
transfer and release all his right, title and interest in and to such
improvements. Nothing with regard to such acquisition of buildings, structures
or other improvements shall be construed to deprive the tenant of any rights to
reject payment under this section and to obtain payment for such property
interests in accordance with other laws of the Commonwealth.

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

HISTORY: 1972, c. 738, §§ 25-235.1, 25-252; 2003, c. 940.