                                 CODE OF VIRGINIA

NOTICE OF EXERCISE OF EMINENT DOMAIN POWER; EVIDENCE OF VALUE (§ 33.2-1013)

A. As used in this section:
			&#8220;Fair market value&#8221; means the price that the real property would
bring if it were offered for sale by one who wanted to sell, but was under no
necessity, and was bought by one who wanted to buy, but was under no necessity.
			&#8220;Owner&#8221; means any person owning an estate or interest in
buildings, structures, or other improvements on real property, which estate or
interest is recorded in the official records of the circuit court where the
property is located, or improvements for which a permit has been issued by the
Commissioner of Highways pursuant to &#xA7; 33.2-1208. &#8220;Owner&#8221; does
not include trustees or beneficiaries under a deed of trust or any person owning
only a security interest in the real property.

B. Notwithstanding anything to the contrary contained in this chapter or in
Chapter 2 (§ 25.1-200 et seq.) of Title 25.1:

   1. The Commissioner of Highways shall notify every owner, as defined in this
   section, of a building, structure, or other improvement if the Commissioner of
   Highways intends to exercise the power of eminent domain in a manner that
   would result in a taking of the building, structure, or other improvement.

   2. The owner of any such building, structure, or other improvement may present
   evidence of the fair market value of such building, structure, or other
   improvement in the proceedings described in &#xA7; 25.1-233, provided such
   owner has filed a petition for intervention pursuant to &#xA7; 25.1-218.

   3. If the owner of such building, structure, or improvement is different from
   the owner of the underlying land, then such owner shall not be allowed to
   proffer any evidence of value that the owner of the underlying land would not
   be permitted to proffer if the building, structure, or improvement were owned
   by the owner of the underlying land; and

   4. The provisions of this section shall not apply to condemnation proceedings
   in which the petition for condemnation was filed prior to July 1, 2000.

HISTORY: 2000, cc. 822, 843, § 33.1-95.1; 2003, c. 940; 2014, c. 805.