                                 CODE OF VIRGINIA

 PROCEEDINGS FOR CONDEMNATION (§ 45.2-613)

A. Proceedings for condemnation pursuant to this article shall be instituted and
conducted in the name of the Commission, and the procedure shall, except as
altered by the provisions of this article, be carried out as provided in Chapter
3 (&#xA7; 25.1-300 et seq.) of Title 25.1.

B. The proceedings for condemnation shall be by petition to the circuit court of
the county or city in which the land, property, or property right, or the major
portion thereof sought to be temporarily acquired, is located. The petition
shall set forth with reasonable particularity a description and designation of
the interest, right, or property intended to be temporarily taken, the name of
the owner of the interest, right, or property that is to be taken or affected
and such other facts as the Commission deems necessary to give adequate
information to the court and all persons in interest. The petition shall be
verified by oath by a member of the Commission.

C. Upon (i) the filing of the petition described in subsection B in the office
of the clerk of the circuit court to which it is addressed, together with as
many copies thereof as there are defendants upon which it is to be served, and
(ii) the depositing with the clerk for the custody of the court, and for the
benefit of the owners of the property taken or affected, an amount of money that
the Commission estimates to be just compensation for the property temporarily
taken and any damage done, the Commission shall thereupon seize and take
possession, custody, and control of the property. The amount of money deposited
pursuant to clause (ii) shall not limit the amount of just compensation to be
allowed to the owner of the property. The service of such petition upon the
defendant shall be made in the manner prescribed by the Rules of Supreme Court
of Virginia with respect to Practice and Procedure in Civil Actions in effect at
the time the petition is filed.

HISTORY: Code 1950, § 45-151; 1950, p. 31; 1966, c. 594, § 45.1-151; 1994, c.
28, § 45.1-161.320; 2003, c. 940; 2021, Sp. Sess. I, c. 387.