                                 CODE OF VIRGINIA

EMINENT DOMAIN (§ 36-27)

A. An authority shall have the right to acquire by the exercise of the power of
eminent domain any real property pursuant to a duly adopted redevelopment or
conservation plan, or otherwise only in accordance with this chapter, after the
adoption by it of a resolution declaring that the acquisition of the real
property described therein is necessary for such public purposes. An authority
may exercise the power of eminent domain in the manner provided in Chapter 2
(&#xA7; 25.1-200 et seq.) of Title 25.1. In condemnation proceedings evidence
may be presented as to the value of the property including but not limited to
the owner&#8217;s appraisal and the effect that any pending application for a
zoning change, special use permit application or variance application may have
on the value of the property. The court may also determine whether there has
been unreasonable delay in the institution of the proceedings after public
announcement by the condemnor of a project that necessitates acquisition by the
condemnor of a designated land area consisting of or including the land sought
to be condemned. If the court determines that such unreasonable delay has
occurred, it shall instruct the commissioners or jurors in such proceedings to
allow any damages proved to their satisfaction by the landowner or landowners to
have been sustained to his or their land during and because of such delay, in
addition to and separately from the fair market value thereof, but such damages
shall not exceed the actual diminution if any in fair market value of the land
in substantially the same physical condition over the period of the delay.

B. Prior to the adoption of any redevelopment plan for a redevelopment area
pursuant to &#xA7; 36-49 or any conservation plan for a conservation area
pursuant to &#xA7; 36-49.1, an authority shall send by certified mail, postage
prepaid, to the record owner or owners of every parcel of property to be
acquired pursuant to such plan, at their last known address as contained in the
records of the treasurer, the current real estate tax assessment records, or the
records of such other officer responsible for collecting taxes in that locality,
a notice advising such owner that (i) the property owned by such owner is
proposed to be acquired, (ii) such owner will have the right to appear before
the local governing body and present testimony with respect to the proposed
redevelopment or conservation area, and (iii) such owner will have the right to
appear in any condemnation proceeding instituted to acquire the property and
present any defense which such owner may have to the taking. Such notice shall
not be the basis for eligibility for relocation benefits. At the time it makes
its price offer, the authority shall also provide to the property owner a copy
of the appraisal of the fair market value of such property upon which the
authority has based the amount offered for the property, which appraisal shall
be prepared by a real estate appraiser licensed in accordance with Chapter 20.1
(&#xA7; 54.1-2009 et seq.) of Title 54.1.

C. In all such cases the proceedings shall be according to the provisions of
Chapter 2 (&#xA7; 25.1-200 et seq.) of Title 25.1, so far as they can be applied
to the same. No real property belonging to the city, the county, the
Commonwealth or any other political subdivision thereof may be acquired without
its consent.

HISTORY: 1938, p. 453; Michie Code 1942, § 3145(12); 1958, c. 518; 1972, cc.
466, 782; 1989, c. 593; 1998, c. 880; 2000, c. 1029; 2001, c. 729; 2002, c. 272;
2003, c. 940; 2006, cc. 586, 784.