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 1                                                 PROPOSED
 2                                              CHAPTER 7 19.
 3                                     PUBLIC WORKS GENERALLY.
 4                                            CONDEMNATION.
 5
 6          Chapter drafting note:      Old Article 1, relating to condemnation, is extensively
 7   rewritten for consistency and clarity.        Sections related to condemnation from other
 8   chapters are shown here and either amended or repealed. Old Articles 2 and 3 are now
 9   found in proposed Chapter 23.
10
11          Note to task force members: Certain members of the task force are working with
12   other interested parties to make additional modifications to this chapter. If all parties
13   agree, these changes can be recommended to the Code Commission at the September 18,
14   1996, joint meeting.
15
16                                                   Article 1.
17                                    Condemnation Proceedings Generally.
18
19          § 15.1-276 15.2-1900. Definition of public uses.
20          The term "public uses" mentioned in Article I, Section 11 of the Constitution of Virginia
21   is hereby defined to embrace all uses which are necessary for public purposes.
22          Drafting note: No significant change.
23
24          § 15.2-1901. Condemnation authority.
25          A. In addition to the authority granted to localities pursuant to any applicable charter
26   provision or other provision of law, whenever a locality is authorized to acquire real or personal
27   property or property interests for a public use, it may do so by exercise of the power of eminent
28   domain, except as provided in subsection C.
29          B. A city or town may acquire property or property interests outside its boundaries by
30   exercise of the power of eminent domain.
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 1           C. A county may acquire property or property interests outside its boundaries by exercise
 2   of the power of eminent domain only if such authority is expressly conferred by general law or
 3   special act.
 4           Drafting note: New. In subsection A, the power of eminent domain is generally
 5   conferred.     There is no intent to expand the instances in which property may be
 6   condemned, but only to make the code in this area more uniform and consistent.
 7           Sections 15.1-897, 15.1-898, 25-232.01 and 15.1-526 are the source of the language in
 8   subsection A. Section 15.1-897 authorizes municipal corporations (defined in 15.1-837 as
 9   cities of first and second class, incorporated towns and counties granted a charter under
10   title 15.1) to exercise the power of eminent domain for the purpose of exercising any of the
11   locality’s powers and duties and for performing any of its functions, as provided in §§
12   15.1-898 through 15.1-900.       Section 15.1-898 authorizes a municipal corporation to
13   exercise the power of eminent domain, and thereby “acquire lands, . . . whenever a public
14   necessity exists” for such acquisition. As to counties lacking charters, as well as counties
15   with charters and all cities and towns, § 25-232.01 authorizes the exercise of eminent
16   domain for the purpose of acquiring land, buildings and structures for “a road and for any
17   other authorized public undertaking . .” (The use of the power of eminent domain to
18   acquire property for the purposes set out in § 15.1-257 (courthouses, jails, and offices for
19   court clerks and commonwealth attorneys), a section that does not expressly extend the
20   power of eminent domain, has been held to arise under § 25-232.01.
21           Subsection B provides that cities and towns may exercise eminent domain outside
22   their boundaries. This is consistent with § 15.1-897 authorizing the acquisition of property
23   “within and without the municipal corporation” for certain purposes, and also authorizing
24   the exercise of eminent domain for the same purposes.
25           Subsection C provides that property interests outside a county’s boundaries may be
26   acquired by eminent domain only where such authority is expressly conferred.
27           All provisions regarding condemnation procedures are moved to the following
28   sections.
29




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 1          § 15.1-236. Condemnation proceedings by counties, cities and towns; how conducted;
 2   taking or conversion of properties populated by low and moderate income families in
 3   multi-family projects.
 4          A.    Subject to the provisions and limitations of this article, proceedings for the
 5   acquisition of property and of property interests by counties, cities and towns in all cases in
 6   which they now have or may hereafter be given the right of eminent domain may be instituted
 7   and conducted in the name of the governing body of such county, city or town and the procedure
 8   may be mutatis mutandis the same as is prescribed in Article 7 (§ 33.1-89 et seq.) of Chapter 1 of
 9   Title 33.1 for condemnation proceedings by the Commonwealth Transportation Board in the
10   construction, reconstruction, alteration, maintenance and repair of the public highways of the
11   Commonwealth, or § 33.1-229, or the same as is prescribed in Chapter 1.1 (§ 25-46.1 et seq.) of
12   Title 25. Except that if the property sought to be taken is for the easement or right-of-way, the
13   plat attached to the petition as required by § 25-46.7 2 f shall reasonably indicate thereon an
14   appurtenant right-of-way or easement for ingress and egress to and from the principal easement
15   or right-of-way being taken.
16          If the property sought to be condemned is situated in a city the procedure shall be by
17   petition to the circuit court of the city or any other city court of record having jurisdiction of
18   condemnation proceedings, or to the judge of any such court in vacation.
19          B. In any condemnation proceeding initiated by any county, city, town or any public
20   agency or authority which involves the taking or conversion of properties populated by low and
21   moderate income families in multi-family projects owned or controlled by the redevelopment
22   and housing authority, the condemnor, simultaneously with the institution of condemnation
23   proceedings, shall file in the office of the clerk of the same court, a plan of relocation identifying
24   alternative housing for the persons who will be displaced, which plan has been approved by the
25   housing authority, or, if there is no housing authority, the governing body of the political
26   subdivision in which the land is located.
27          Drafting note: Repealed; the right of eminent domain and limitations on its use
28   referenced in this section are basically provided for in § 15.2-1901 and Title 25. The right
29   to use the "quick take" procedure in Title 33.1 is included in the rewritten § 15.2-1902.
30
31          § 15.1-237. Limitation on power of eminent domain.



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 1          No property shall be condemned for the purposes specified in §§ 15.1-14, 15.1-15 and
 2   15.1-292 unless the necessity therefor shall be shown to exist to the satisfaction of the court
 3   having jurisdiction of the case or shall be declared by resolution of the governing body following
 4   a public hearing and no property of any public service corporation, except lands required for
 5   drains, sewers or public ducts, shall be condemned except in accordance with §§ 15.1-335 to
 6   15.1-340 and 25-233. No property that is within an agricultural and forestal district as provided
 7   by § 15.1-1506 et seq. shall be condemned except in accordance with § 15.1-1512.
 8          Drafting note: Repealed; limitations on condemnation are found elsewhere in this
 9   chapter and in Title 25. For example, (i) the judicial review provisions regarding §§
10   15.1-14, 15.1-15 and 15.1-292 are satisfied by § 15.2-1903 B’s mandate of a public hearing
11   and a resolution or ordinance justifying the purpose and necessity of the taking, (ii) the
12   restrictions of §§ 15.1-335, 15.1-340 and 25-233 continue in § 15.2-1904 and (iii) the
13   procedural burdens on condemnation within forestal districts imposed by § 15.1-1512 are
14   self-executing.
15
16          § 15.1-238.1. Same; special provisions for certain counties.
17          A. In addition to the exercise of the power of eminent domain, as provided hereinabove,
18   and subject to the provisions of this section, every county having a population of more than
19   39,900 but less than 41,000, every county having a population of more than 250,000 and every
20   county having a population of more than 56,400 but less than 65,000 and every county having a
21   population of more than 117,000 but less than 120,000 and every county having a population of
22   more than 70,000 and adjoining four cities in this Commonwealth is authorized to enter upon and
23   take possession of such property and rights-of-way, for the purposes set out in subdivision (1) of
24   § 15.1-14, or § 25-232.01, and for the acquisition of necessary land for the construction of
25   drainage facilities, water supply and sewage disposal systems and roads and facilities related
26   thereto, as the governing body thereof may deem necessary and proceed with the construction of
27   such project.
28          B. No property shall be entered upon and taken by any such county under condemnation
29   proceedings unless, prior to entering upon and taking possession of such property or
30   right-of-way, the governing body of such county notifies the owners of such property and
31   rights-of-way by certified mail, that it intends to enter upon and take the same. Upon the



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 1   passage of a resolution or ordinance providing for any such taking, such notice setting forth the
 2   compensation and damages offered by the county to each property owner shall be sent forthwith
 3   on a date to be specified in such ordinance or resolution and the property owners affected shall
 4   have thirty days within which to contest the taking in such fashion.
 5          C. At any time after the giving of such notice, upon the filing of an application by the
 6   landowner to such effect in the court having jurisdiction and in any event within one hundred
 7   twenty days after the completion of such project, if the county and the owners of such land are
 8   unable to agree as to compensation and damages, if any, caused thereby, the county shall
 9   institute condemnation proceedings, as provided in this article; and the amount of such
10   compensation and damages, if any, awarded to the owner in such proceeding shall be paid by
11   such county. The county shall pay to the landowner or into court or to the clerk thereof for his
12   benefit such sum as the governing body thereof estimates to be a fair value of the land taken and
13   damage done, before entering upon such land for construction purposes, provided such payment
14   shall in nowise limit the amount to be allowed under proper proceedings. It is the intention of
15   this section to provide that such property and rights-of-way may be condemned after the
16   construction of the project, as well as prior thereto, and to direct the fund out of which the
17   judgment of the court in condemnation proceedings shall be paid, except that no property of any
18   public service corporation shall be condemned except in accordance with §§ 15.1-335 to
19   15.1-340 and 25-233. But the authorities constructing such project under the authority of this
20   section shall use diligence to protect growing crops and pastures and to prevent damage to any
21   property not taken. So far as possible all rights-of-way shall be acquired or contracted for before
22   any condemnation is resorted to.
23          D. Any owner of property or rights-of-way sought to be taken by any such county by
24   entry upon and taking possession thereof shall be given notice as provided in subsection B of this
25   section and shall have thirty days within which to contest the manner of such taking. Any such
26   property owner desiring so to do may institute a proceeding in the circuit court of the county,
27   wherein the condemnation proceedings are to be instituted, to determine whether or not such
28   taking is of an emergency nature such as to justify resort to entry upon the land prior to an
29   agreement between the county and the property owner as to compensation and damages to be
30   paid therefor. Any other property owner affected may intervene. The members of the governing
31   body of the county shall be served with notice as provided by law and shall be made parties



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 1   defendant. Upon the bringing of any such proceeding the same shall be placed upon the
 2   privileged docket of the court and shall take precedence over all other civil matters pending
 3   therein and shall be speedily heard and disposed of. The issue in any such proceeding shall be
 4   whether or not the circumstances are such as to justify an entry upon and taking possession by
 5   the county of the property involved prior to an agreement or award upon compensation and
 6   damages therefor. If the court be of the opinion that no such emergency exists, and that such
 7   manner of taking would work an undue hardship upon any such owner, it shall enter an order
 8   requiring the county to proceed by methods of condemnation providing for the ascertainment of
 9   compensation and damages for property to be taken prior to such taking, if the county deems it
10   necessary to proceed with the project for which the property is sought.
11          Drafting note: Repealed; the substance of section is found in § 15.2-1902.
12
13          § 15.1-851. Acquisition of rights of abutting owners in sewers, culverts or drains.
14          A municipal corporation may acquire in any manner authorized by this chapter or in its
15   charter any interest or right of any abutting landowner in or to any sewer, culvert or drain or in or
16   to the use thereof.
17          Drafting note: Repealed; the substance of this section is included in § 15.2-1901.
18
19          § 15.1-898. Condemnation proceedings generally.
20          A municipal corporation may acquire by condemnation proceedings, in the manner and in
21   accordance with the procedure provided in Title 25 of the Code or in §§ 33.1-91 through
22   33.1-94, 33.1-96 and 33.1-98 through 33.1-132 of this Code, or any amendment or revision
23   thereof or provisions of law which are successor thereto, lands, buildings and other structures
24   and personal property, including any interest, right, easement or estate therein of any person or
25   corporation, whenever a public necessity exists therefor which shall be declared in the resolution
26   or ordinance adopted by the municipal corporation directing such acquisition by condemnation
27   proceedings, whenever the municipal corporation cannot agree on the compensation to be paid
28   the owner or owners of such property or other terms of purchase or settlement, or because of the
29   incapacity of such owner or owners or because such owner or owners are nonresidents of the
30   Commonwealth, or because such owner or owners are unknown, or because such owner or
31   owners are unable to convey valid title to such property; provided, however, that the provisions



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 1   of § 33.1-119 shall not be used except for the acquisition of lands or easements necessary for
 2   streets, water, sewer, municipally owned gas or utility pipes or lines or related facilities.
 3            Drafting note: Repealed; the substance of this section is found in § 15.2-1902.
 4
 5            § 15.2-1902. Condemnation proceedings generally.
 6            Except where otherwise authorized by any applicable charter provision, a locality shall
 7   exercise the power of eminent domain in the manner, and in accordance with the procedures, set
 8   out in Title 25 or §§ 33.1-91 through 33.1-94, § 33.1-96, and §§ 33.1-98 through 33.1-132,
 9   except that (i) only lands or easements for streets and roads, drainage facilities, water supply and
10   sewage     disposal   systems     (including    pipes   and    lines),   and    water,   sewer   and
11   governmentally-owned gas and utility lines and pipes and related facilities may be condemned
12   using the procedures in §§ 33.1-98 through 33.1-132, as provided in §§ 15.2-1904 and
13   15.2-1905, as applicable, (ii) existing water and sewage disposal systems in their entirety shall be
14   condemned in accordance with the procedures in § 15.2-1906, and (iii) oyster bottoms and
15   grounds may be condemned utilizing the procedures in §§ 33.1-98 through 33.1-132, as required
16   by § 28.2-628.
17            Drafting note:     This section is derived from existing §§ 15.1-236, 15.1-238,
18   15.1-238.1, 15.1-320, 15.1-340 and 15.1-898, all of which address the procedures to be used
19   by localities when exercising their power of eminent domain. Each of these sections has
20   some reference to the quick take procedure available to the Commonwealth
21   Transportation Commissioner under § 33.1-119 et seq., but the current interplay of the
22   sections makes this procedure, sometimes in modified form, available in different situations
23   to different localities. For instance, § 15.1-236 makes the title 33.1 quick take procedure
24   available to all cities and towns in all cases of condemnation, but § 15.1-898 restricts the
25   availability of the procedure to such localities to certain instances of condemnation.
26   Similarly, § 15.1-236 makes the title 33.1 quick take procedure available to all counties in
27   all cases of condemnation, but is followed by §§ 15.1-238 and 15.1-238.1, which are
28   applicable to only counties (the latter section applies to five population-bracketed counties,
29   and the former ostensibly to all others), and which (i) provide, in certain instances of
30   condemnation only, a modified quick take procedure -- the modification being twofold:
31   one, an extension to landowners of the right to judicially contest a county decision to enter,



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 1   take possession of and begin working on property before the commencement of formal
 2   condemnation proceedings, a right not provided under the title 33.1 procedure (it should be
 3   noted that the two sections differ as to this authority, in that § 15.1-238 extends the
 4   modified procedure where this is a “necessity” for the quick take, and § 15.1-238.1 extends
 5   it where there is an “emergency” justifying the quick take); and, two, an ability on the
 6   property owner’s part to force the commencement of formal condemnation proceedings far
 7   earlier than is the case under title 33.1 -- and (ii) provide, in § 15.1-238, to the
 8   non-population-bracketed counties only and in certain instances of condemnation only, the
 9   full quick take powers in title 33.1.
10          Provision (ii) of this section is derived from §§ 15.1-320.1 (sewage disposal systems)
11   and 15.1-340 (water supply systems). Provision (iii) is derived from § 28.2-628.
12
13          § 15.2-1903. Requirements for initiating condemnation; filing of ordinance or resolution
14   with petition; voluntary conveyance.
15          A. Condemnation proceedings may be instituted when:
16          1. the locality and owner cannot agree on the compensation to be paid or other terms of
17   purchase or settlement;
18          2. the owner is legally incapacitated;
19          3. either the owner or his whereabouts is unknown; or
20          4. the owner is unable to convey valid title to the property.
21          B. Prior to initiating condemnation proceedings, the governing body shall adopt a
22   resolution or ordinance approving the project and directing the acquisition of property for the
23   project by condemnation or other means. The resolution or ordinance shall state the public
24   necessity of the acquisition and the planned public use of the property.
25          C. When a petition for condemnation is filed by or on behalf of the locality, a true copy
26   of the resolution or ordinance duly adopted by the governing body declaring the public use for
27   the taking, and the necessity therefor, may be filed with the petition, and when so filed
28   constitutes sufficient evidence of such public use and necessity.
29          D.   The fact that no petition has been filed by a locality to condemn any interest
30   conveyed by deed shall not by itself render such conveyance free from the threat of




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 1   condemnation, nor shall such fact constitute sufficient proof of voluntary conveyance for the
 2   purposes of any taxing authority.
 3           Drafting note: In subsections A and B, the procedural preconditions to instituting
 4   a condemnation proceeding are carried forward from § 15.1-898, but addressed in reverse
 5   order. Since proposed § 15.2-1902 authorizes the exercise of eminent domain authority to
 6   acquire property for a “public use” and since current § 15.1-898, as well as § 15.1-237,
 7   requires there be a “public necessity “ for the use, in subsection B, retaining the
 8   formulation of “public necessity” is retained and integrated with the concept of “public
 9   use.”
10           In subsection D, a provision is added clarifying that the fact that a petition in
11   condemnation has not been filed does not, by itself, establish either that a conveyance of the
12   property was not made under threat of condemnation, or that the conveyance was
13   voluntary.
14
15           § 15.1-899. Jurisdiction of proceedings.
16           Condemnation proceedings for the acquisition of such property shall be instituted in the
17   circuit or corporation court of or in the municipal corporation having jurisdiction of such
18   proceedings if the subject to be acquired is located within the municipal corporation. If the
19   subject to be acquired is located without the municipal corporation, then the proceedings shall be
20   instituted in the circuit court of the county in which the subject is located. If the subject to be
21   acquired is located partly within a municipal corporation of the first class and partly within a
22   county, then the circuit court of the county shall have concurrent jurisdiction of such proceedings
23   with the circuit or corporation court of the municipal corporation.
24           Drafting note: Repealed; the substance of this section is found in Title 25.
25
26           § 15.1-900. Condemnation of property of corporations possessing power of eminent
27   domain.
28           A municipal corporation in the exercise of the power of eminent domain, pursuant to the
29   provisions of this article shall be subject to the provisions of § 25-233 when the interest sought is
30   held by another corporation having the power of eminent domain.
31           Drafting note: Repealed; the substance of this section is found in Title 25.



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 1
 2          § 15.1-238 15.2-1904. Counties authorized to take possession Possession of property
 3   prior to condemnation; notice to owner; how taking contested; powers of Commonwealth
 4   Transportation Commissioner vested in boards of supervisors for purposes of certain takings
 5   conferred.
 6          A. In the exercise of the power of eminent domain as provided hereinabove, and subject
 7   to the provisions of this section, every county is authorized to enter upon and take possession of
 8   such property and rights-of-way, for the purpose of laying out, constructing, altering, improving
 9   and lighting streets and alleys, of acquiring necessary land for the construction of drainage
10   facilities, water supply and sewage disposal systems and roads and facilities relating thereto, or
11   for any of the purposes set out in § 25-232.01, as the governing body thereof may deem
12   necessary, and proceed with the construction of such project.
13          A. When a condemnation is authorized by § 15.2-1902, a locality may enter upon and
14   take possession of property before the conclusion of condemnation procedures, using the
15   procedures in §§ 33.1-119 through 33.1-132, for public purposes of streets and roads, drainage
16   facilities, water supply and sewage disposal systems (including pipes and lines) and oyster beds
17   and grounds, and the procedure may be, when the necessary changes have been made, the same
18   as is prescribed in Article 7 (§ 33.1-89 et seq.) of Chapter 33.1 for condemnation proceedings by
19   the Commonwealth Transportation Commission in the construction, reconstruction, alteration,
20   maintenance, and repair of the public highways of the Commonwealth or § 33.1-229, or the same
21   as prescribed in Chapter 1.1 (§ 25-46.1 et seq.) of Title 25. It is the intention of this section to
22   provide that property may be condemned after the construction of a project, as well as prior
23   thereto, and to direct the fund out of which the judgment of the court in condemnation
24   proceedings shall be paid. However, no property of any public service corporation shall be
25   condemned except in accordance with §§ 15.2-1905, 15.2-2146 through 15.2-2148 and 25-233.
26          B. Except as otherwise provided, no property shall be entered upon and taken by any
27   county under condemnation proceedings unless, prior to entering upon and taking possession of
28   such property or right-of-way, the governing body of the county notifies the owners of such
29   property and rights-of-way by certified mail, that it intends to enter upon and take the same.
30   Upon the passage of an ordinance or resolution providing for any such taking, such notice setting
31   forth the compensation and damages offered by the county to each property owner shall be sent



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 1   forthwith on a date to be specified in such ordinance and the property owners affected shall have
 2   thirty days within which to contest the taking in such fashion.
 3          C. At any time after the giving of such notice upon the filing of an application by the
 4   landowner to such effect in the court having jurisdiction and in any event within sixty days after
 5   the completion of such project, if the county and the owners of such land are unable to agree as
 6   to compensation and damages, if any, caused thereby, the county shall institute condemnation
 7   proceedings, as provided in this article; and the amount of such compensation and damages, if
 8   any, awarded to the owner in such proceeding shall be paid by the county. The county shall pay
 9   to the landowner or into court or to the clerk thereof for his benefit such sum as the governing
10   body thereof estimates to be the fair value of the land taken and damage done, before entering
11   upon such land for construction purposes, provided such payment shall in nowise limit the
12   amount to be allowed under proper proceedings. It is the intention of this section to provide that
13   such property and rights-of-way may be condemned after the construction of the project, as well
14   as prior thereto, and to direct the fund out of which the judgment of the court in condemnation
15   proceedings shall be paid, except that no property of any public service corporation shall be
16   condemned except in accordance with §§ 15.1-335 through 15.1-340 and 25-233. But the
17   authorities constructing such project under the authority of this section shall use diligence to
18   protect growing crops and pastures and to prevent damage to any property not taken. So far as
19   possible all rights-of-way shall be acquired or contracted for before any condemnation is resorted
20   to.
21          D. Except as otherwise provided, any owner of property or rights-of-way sought to be
22   taken by the county by entry upon and taking possession thereof shall be given notice as
23   provided in subsection B of this section and shall have thirty days within which to contest the
24   manner of such taking. Any such property owner desiring so to do may institute a proceeding in
25   the circuit court of the county, wherein the condemnation proceedings are to be instituted, to
26   determine whether such taking is of such necessity as to justify resort to entry upon the land prior
27   to an agreement between the county and the property owner as to compensation and damages to
28   be paid therefor. Any other property owner affected may intervene. The members of the
29   governing body of the county shall be served with notice as provided by law and shall be made
30   parties defendant. Upon the bringing of any such proceeding the same shall be placed upon the
31   privileged docket of the court and shall take precedence over all other civil matters pending



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 1   therein and shall be speedily heard and disposed of. The issue in any such proceeding shall be
 2   whether or not the circumstances are such as to justify an entry upon and taking possession by
 3   the county of the property involved prior to an agreement or award upon compensation and
 4   damages therefor. If the court be of the opinion that no such necessity exists, and that such
 5   manner of taking would work an undue hardship upon any such owner, it shall enter an order
 6   requiring the county to proceed by methods of condemnation providing for the ascertainment of
 7   compensation and damages for property to be taken prior to such taking, if the county deems it
 8   necessary to proceed with the project for which the property is sought.
 9          E. The provisions of subsections B and D of this section and any other laws to the
10   contrary notwithstanding, upon the passage of an ordinance or resolution following a public
11   hearing by the board of supervisors of any county declaring its intent to enter and take certain
12   specified properties, rights-of-way or other easements or properties for the purposes of
13   constructing, installing, expanding, maintaining, or repairing pipelines, meter boxes, pumps,
14   treatment or storage facilities or any other appurtenances to a sewerage disposal system or a
15   water distribution system, or both, or for counties under § 33.1-75.3, for roads and related or
16   appurtenant facilities, with such ordinances or resolutions also setting forth compensation and
17   damages, if any, offered each property owner by the county, and declaring the necessity to enter
18   upon and take such property prior to or during the condemnation proceeding, and the county for
19   such purposes set forth in the ordinance or resolution shall be vested with those powers granted
20   the Commonwealth Transportation Commissioner pursuant to §§ 33.1-119 through 33.1-129,
21   both inclusive, and the board of supervisors shall perform the duties and functions required of the
22   Commonwealth Transportation Commissioner in such statutes. Procedures in eminent domain
23   suits brought under this subsection shall be as described in § 33.1-98, except that such suits shall
24   be instituted by and conducted in the name of the governing body of the county.
25          B. In all other condemnation proceedings authorized by § 15.2-1901, property shall be
26   acquired by condemnation proceedings in accordance with the procedure provided in Title 25.
27          C. Before entering and taking possession of any property, the locality shall pay into
28   court or to the clerk thereof, for the property owner’s benefit, such sum as the governing body
29   estimates to be the fair value of the property taken and damage, if any, done to the residue.
30   Such payment shall not limit the amount to be allowed under proper proceedings.




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 1          D. When a locality enters upon and takes possession of property before the conclusion
 2   of a condemnation case pursuant to the procedures in §§ 33.1-119 through 33.1-132, a certificate
 3   in lieu of payment may be issued by the governing body through its authorized designee, which
 4   certificate shall be countersigned by the locality’s director of finance or authorized agent for
 5   availability of funds.
 6          Drafting note: This section is rewritten to apply to all localities, with the unique
 7   restrictions on counties (old subsections B through E) relocated in § 15.2-1905.              The
 8   “quick-take” procedure is limited to certain public purposes which are identified in
 9   subsection A.     Pursuant to A, a locality may condemn for certain purposes utilizing
10   “quick-take” or the procedures of Title 25. Subsection B confirms that condemnation for
11   all public purposes not identified as in subsection A may condemn only using those
12   procedures in Title 25. Subsection C codifies the requirement to pay money into court
13   under §§ 25-46.8 and 33.1-120. Subsection D is added to clarify the manner in which
14   localities may exercise the authority conferred by reference to §§ 33.1-119 through
15   33.1-132.
16
17          § 15.1-1905. Special provisions for counties.
18          A.    When a county elects to use the procedures set forth in §§ 33.1-119 through
19   33.1-132, as authorized by § 15.2-1904 A, it shall comply with the requirements of this section.
20          B. No property shall be entered upon and taken by any county before the conclusion of
21   condemnation proceedings unless, prior to entering upon and taking possession of such property
22   or right-of-way, the governing body of the county notifies the owners of the property by certified
23   mail, that it intends to enter upon and take the property. Such notice shall be sent by the date
24   specified in the resolution or ordinance required by § 15.2-1903 and shall set forth the
25   compensation and damages offered by the county to each property owner.
26          C. Any property owner given notice as provided in subsection B may, within 30 days
27   following the sending of the notice, institute a proceeding in the circuit court of the county,
28   wherein the condemnation proceedings are to be instituted, to determine whether such taking is
29   of such necessity as to justify resort to entry upon the property prior to an agreement between the
30   county and the property owner as to compensation and damages to paid therefor. Any other
31   property owner affected may intervene. The county shall be served notice as provided by law



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 1   and shall be made a party defendant. The proceedings shall be placed upon the privileged
 2   docket of the court and shall take precedence over all other civil matters pending therein and
 3   shall be speedily heard and disposed of . The issue in any such proceeding shall be whether the
 4   circumstances are such as to justify an entry upon and taking possession by the county of the
 5   property involved prior to an agreement or award upon compensation and damages therefor. If
 6   the court is of the opinion that no such necessity exists, and that such manner of taking would
 7   work an undue hardship upon any such owner, it shall enter an order requiring the county to
 8   proceed by methods of condemnation providing for the determination of compensation and
 9   damages for property to be taken prior to such taking, if the county deems it necessary to proceed
10   with the project for which the property is sought.
11          D. At any time after the giving of the notice as provided in subsection B, upon the filing
12   of an application by the landowner to such effect in the court having jurisdiction, and, in any
13   event, within 120 days after the completion of the project for which the entry and taking of
14   possession prior to condemnation was undertaken, if the county and the owner of such property
15   have been unable to agree as to compensation and damages, if any, caused thereby, the county
16   shall institute condemnation proceedings, and the amount of such compensation and damages, if
17   any, awarded to the owner in such proceeding shall be paid by the county. But the authorities
18   constructing such project under the authority of this section shall use diligence to protect
19   growing crops and pastures and to prevent damage to any property not taken. So far as possible
20   all rights-of-way shall be acquired or contracted for before any condemnation is resorted to.
21          E.   The provisions of B and C of this section and any other laws to the contrary
22   notwithstanding, upon the passage of an ordinance or resolution following a public hearing by
23   the board of supervisors of any county declaring its intent to enter and take certain specified
24   properties for any of the purposes set out in § 15.2-1904 A, with such ordinance or resolution
25   also setting forth compensation and damages, if any, offered each property owner by the county,
26   and declaring the necessity to enter upon and take such property prior to or during the
27   condemnation proceeding, the county for such purposes set forth in the resolution or ordinance
28   shall be vested with those powers granted the Commonwealth Transportation Commissioner
29   pursuant to §§ 22.1-119 through 33.1-132. Procedures in eminent domain suits brought under
30   this section shall be as described in § 33.1-198, except that suits shall be instituted by and
31   conducted in the name of the governing body of the county.



                                                     14
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 1          Drafting note: This section is derived from subsections B through E of § 15.1-238
 2   (§ 15.2-1904).
 3
 4          § 15.1-320.1. Condemnation proceedings under article.
 5          In condemnation proceedings had under this article, the provisions of Chapter 2 (§ 25-47
 6   et seq.) of Title 25 so far as applicable shall govern; except that the provisions of § 25-233 shall
 7   not apply in the case of the condemnation of an existing sewage disposal system in its entirety.
 8   The proper court of the county, city or town wherein the property proposed to be condemned, or
 9   any part thereof, is located, shall have jurisdiction of the condemnation proceedings. It shall not
10   be necessary to file with the petition for the condemnation of an existing sewage disposal system,
11   in its entirety, a minute inventory and description of the property sought to be condemned,
12   provided the property is described therein generally and with reasonable particularity and in such
13   manner as to disclose the intention of the petitioner that such existing sewage disposal system be
14   condemned in its entirety. But the court having jurisdiction of the condemnation proceedings
15   shall, as the occasion arises and prior to the filing of the report of the commissioners appointed to
16   ascertain a just compensation for the property sought to be condemned in its entirety, take such
17   steps as may be necessary and proper to cause to be included in an inventory of the property
18   sought to be condemned full descriptions of any and all such property whenever the exigencies
19   of the case or the ends of justice will be promoted thereby. Such inventory shall be made a part
20   of the record in the proceedings and referred to the commissioners.
21          Drafting note: Repealed; the substance of this section is combined with § 15.1-340
22   in § 15.2-1906.
23
24          § 15.1-340 15.2-1906. Condemnation proceedings under article of existing water or
25   sewage disposal systems.
26          In condemnation proceedings had under this article Condemnation of existing water or
27   sewage disposal system, shall be governed by the provisions of Chapter 2 (§ 25-47 et seq.) of
28   Title 25 so far as applicable shall govern; except that however, the provisions of § 25-233 shall
29   not apply in the case of condemnation of an existing water or sewage disposal system in its
30   entirety. The proper circuit court of for the city or county wherein the property proposed to be
31   condemned, or any part thereof, is located, shall have jurisdiction of the condemnation



                                                      15
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 1   proceedings. It shall not be necessary to file with the petition for the condemnation of an existing
 2   waterworks system water or sewage system, in its entirety, a minute inventory and description of
 3   the property sought to be condemned, provided the property is described therein generally and
 4   with reasonable particularity and in such manner as to disclose the intention of the petitioner that
 5   such existing waterworks system water or sewage system be condemned in its entirety. But the
 6   The court having jurisdiction of the condemnation proceedings shall, as the occasion arises and
 7   prior to the filing of the report of the commissioners appointed to ascertain determine a just
 8   compensation for the property sought to be condemned in its entirety, take such steps as may be
 9   necessary and proper to cause to be included in an inventory of the property sought to be
10   condemned full descriptions of any and all such property whenever the exigencies of the case or
11   the ends of justice will be promoted thereby. Such inventory shall be made a part of the record in
12   the proceedings and referred to the commissioners.
13          Drafting note: This section combines former §§ 15.1-320.1 and 15.1-340 which are
14   nearly identical except for subject matter (one for water the other for sewage); however,
15   note that § 15.1-340 does not specifically limit the waiver of § 25-233’s application only to
16   condemnation of an entire waterworks system.




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