A. The right to private property being a fundamental right, the GeneralAssembly shall not pass any law whereby private property shall be taken ordamaged for public uses without just compensation. The term "public uses"mentioned in Article I, Section 11 of the Constitution of Virginia is herebydefined as to embrace only the acquisition of property where: (i) theproperty is taken for the possession, ownership, occupation, and enjoyment ofproperty by the public or a public corporation; (ii) the property is takenfor construction, maintenance, or operation of public facilities by publiccorporations or by private entities provided that there is a writtenagreement with a public corporation providing for use of the facility by thepublic; (iii) the property is taken for the creation or functioning of anypublic service corporation, public service company, or railroad; (iv) theproperty is taken for the provision of any authorized utility service by agovernment utility corporation; (v) the property is taken for the eliminationof blight provided that the property itself is a blighted property; or (vi)the property taken is in a redevelopment or conservation area and isabandoned or the acquisition is needed to clear title where one of the ownersagrees to such acquisition or the acquisition is by agreement of all theowners.
B. For purposes of this section:
"Blighted property" means any property that endangers the public health orsafety in its condition at the time of the filing of the petition forcondemnation and is (i) a public nuisance or (ii) an individual commercial,industrial, or residential structure or improvement that is beyond repair orunfit for human occupancy or use.
"Government utility corporation" means any county or municipality, orentity or agency thereof, which provides or operates one or more of thefollowing authorized utility services: gas, pipeline, electric light, heat,power, water supply, sewer, telephone, or telegraph.
"Public corporation" means the Commonwealth of Virginia or any politicalsubdivision thereof or any incorporated municipality therein or any publicagency of the Commonwealth or of any political subdivision thereof or of anymunicipality therein.
"Public facilities" means (i) airports, landing fields, and air navigationfacilities; (ii) educational facilities; (iii) flood control, bank and shoreprotection, watershed protection, and dams; (iv) hospital facilities; (v)judicial and court facilities; (vi) correctional facilities, including jailsand penitentiaries; (vii) library facilities; (viii) military installations;(ix) parks so designated by the Commonwealth or by the locality in itscomprehensive plan; (x) properties of historical significance so designatedby the Commonwealth; (xi) law enforcement, fire, emergency medical, andrescue facilities; (xii) sanitary sewer, water or stormwater facilities;(xiii) transportation facilities including highways, roads, streets, andbridges, traffic signals, related easements and rights-of-way, mass transit,ports, and any components of federal, state, or local transportationfacilities; (xiv) waste management facilities for hazardous, radioactive, orother waste; (xv) office facilities occupied by a public corporation; and(xvi) such other facilities that are necessary to the construction,maintenance, or operation of a public facility as listed in clauses (i)through (xv) and directly related thereto.
C. No more private property may be taken than that which is necessary toachieve the stated public use.
D. Except where property is taken (i) for the creation or functioning of apublic service corporation, public service company, or railroad; or (ii) forthe provision of any authorized utility service by a government utilitycorporation, property can only be taken where: (a) the public interestdominates the private gain and (b) the primary purpose is not privatefinancial gain, private benefit, an increase in tax base or tax revenues, oran increase in employment.
E. During condemnation proceedings, the property owner may challenge whetherthe taking or damaging is for a public use, the stated public use is apretext for an unauthorized use, or the taking or damaging of property is aviolation of subsection D. Nothing in this section shall be construed asabrogating any defenses or rights otherwise available to the property ownerindependently of this section.
F. Subject to the provisions of subsection D, the limitations contained inthis section shall not abrogate any other provision of law that authorizes acondemnor to dispose of property taken for a public use as surplus property,as otherwise provided by law.
G. If the acquisition of only part of a property would leave its owner withan uneconomic remnant, the condemnor shall offer to acquire the entireproperty for its fair market value as otherwise provided by law, but thecondemnor shall not acquire an uneconomic remnant if the owner objects anddesires to maintain ownership of the excess property.
H. The provisions of this section shall control to the extent there are anyinconsistencies between this section and any other general or special law;otherwise, nothing herein shall be construed as abrogating the power ofeminent domain delegated independently of this section.
I. The provisions of this section shall not apply to the forfeiture ofproperty under Chapters 22 (§ 19.2-369 et seq.), 22.1 (§ 19.2-386.1 et seq.),and 22.2 (§ 19.2-386.15 et seq.) of Title 19.2.
J. The provisions of this section shall not apply to real property that issubject to a certificate of take or a certificate of deposit recorded priorto July 1, 2007, in the circuit court clerk's office for the circuit wherethe real property is located or real property that is the subject of apetition for condemnation filed prior to July 1, 2007.
A. The right to private property being a fundamental right, the GeneralAssembly shall not pass any law whereby private property shall be taken ordamaged for public uses without just compensation. The term "public uses"mentioned in Article I, Section 11 of the Constitution of Virginia is herebydefined as to embrace only the acquisition of property where: (i) theproperty is taken for the possession, ownership, occupation, and enjoyment ofproperty by the public or a public corporation; (ii) the property is takenfor construction, maintenance, or operation of public facilities by publiccorporations or by private entities provided that there is a writtenagreement with a public corporation providing for use of the facility by thepublic; (iii) the property is taken for the creation or functioning of anypublic service corporation, public service company, or railroad; (iv) theproperty is taken for the provision of any authorized utility service by agovernment utility corporation; (v) the property is taken for the eliminationof blight provided that the property itself is a blighted property; or (vi)the property taken is in a redevelopment or conservation area and isabandoned or the acquisition is needed to clear title where one of the ownersagrees to such acquisition or the acquisition is by agreement of all theowners.
B. For purposes of this section:
"Blighted property" means any property that endangers the public health orsafety in its condition at the time of the filing of the petition forcondemnation and is (i) a public nuisance or (ii) an individual commercial,industrial, or residential structure or improvement that is beyond repair orunfit for human occupancy or use.
"Government utility corporation" means any county or municipality, orentity or agency thereof, which provides or operates one or more of thefollowing authorized utility services: gas, pipeline, electric light, heat,power, water supply, sewer, telephone, or telegraph.
"Public corporation" means the Commonwealth of Virginia or any politicalsubdivision thereof or any incorporated municipality therein or any publicagency of the Commonwealth or of any political subdivision thereof or of anymunicipality therein.
"Public facilities" means (i) airports, landing fields, and air navigationfacilities; (ii) educational facilities; (iii) flood control, bank and shoreprotection, watershed protection, and dams; (iv) hospital facilities; (v)judicial and court facilities; (vi) correctional facilities, including jailsand penitentiaries; (vii) library facilities; (viii) military installations;(ix) parks so designated by the Commonwealth or by the locality in itscomprehensive plan; (x) properties of historical significance so designatedby the Commonwealth; (xi) law enforcement, fire, emergency medical, andrescue facilities; (xii) sanitary sewer, water or stormwater facilities;(xiii) transportation facilities including highways, roads, streets, andbridges, traffic signals, related easements and rights-of-way, mass transit,ports, and any components of federal, state, or local transportationfacilities; (xiv) waste management facilities for hazardous, radioactive, orother waste; (xv) office facilities occupied by a public corporation; and(xvi) such other facilities that are necessary to the construction,maintenance, or operation of a public facility as listed in clauses (i)through (xv) and directly related thereto.
C. No more private property may be taken than that which is necessary toachieve the stated public use.
D. Except where property is taken (i) for the creation or functioning of apublic service corporation, public service company, or railroad; or (ii) forthe provision of any authorized utility service by a government utilitycorporation, property can only be taken where: (a) the public interestdominates the private gain and (b) the primary purpose is not privatefinancial gain, private benefit, an increase in tax base or tax revenues, oran increase in employment.
E. During condemnation proceedings, the property owner may challenge whetherthe taking or damaging is for a public use, the stated public use is apretext for an unauthorized use, or the taking or damaging of property is aviolation of subsection D. Nothing in this section shall be construed asabrogating any defenses or rights otherwise available to the property ownerindependently of this section.
F. Subject to the provisions of subsection D, the limitations contained inthis section shall not abrogate any other provision of law that authorizes acondemnor to dispose of property taken for a public use as surplus property,as otherwise provided by law.
G. If the acquisition of only part of a property would leave its owner withan uneconomic remnant, the condemnor shall offer to acquire the entireproperty for its fair market value as otherwise provided by law, but thecondemnor shall not acquire an uneconomic remnant if the owner objects anddesires to maintain ownership of the excess property.
H. The provisions of this section shall control to the extent there are anyinconsistencies between this section and any other general or special law;otherwise, nothing herein shall be construed as abrogating the power ofeminent domain delegated independently of this section.
I. The provisions of this section shall not apply to the forfeiture ofproperty under Chapters 22 (§ 19.2-369 et seq.), 22.1 (§ 19.2-386.1 et seq.),and 22.2 (§ 19.2-386.15 et seq.) of Title 19.2.
J. The provisions of this section shall not apply to real property that issubject to a certificate of take or a certificate of deposit recorded priorto July 1, 2007, in the circuit court clerk's office for the circuit wherethe real property is located or real property that is the subject of apetition for condemnation filed prior to July 1, 2007.
A. The right to private property being a fundamental right, the GeneralAssembly shall not pass any law whereby private property shall be taken ordamaged for public uses without just compensation. The term "public uses"mentioned in Article I, Section 11 of the Constitution of Virginia is herebydefined as to embrace only the acquisition of property where: (i) theproperty is taken for the possession, ownership, occupation, and enjoyment ofproperty by the public or a public corporation; (ii) the property is takenfor construction, maintenance, or operation of public facilities by publiccorporations or by private entities provided that there is a writtenagreement with a public corporation providing for use of the facility by thepublic; (iii) the property is taken for the creation or functioning of anypublic service corporation, public service company, or railroad; (iv) theproperty is taken for the provision of any authorized utility service by agovernment utility corporation; (v) the property is taken for the eliminationof blight provided that the property itself is a blighted property; or (vi)the property taken is in a redevelopment or conservation area and isabandoned or the acquisition is needed to clear title where one of the ownersagrees to such acquisition or the acquisition is by agreement of all theowners.
B. For purposes of this section:
"Blighted property" means any property that endangers the public health orsafety in its condition at the time of the filing of the petition forcondemnation and is (i) a public nuisance or (ii) an individual commercial,industrial, or residential structure or improvement that is beyond repair orunfit for human occupancy or use.
"Government utility corporation" means any county or municipality, orentity or agency thereof, which provides or operates one or more of thefollowing authorized utility services: gas, pipeline, electric light, heat,power, water supply, sewer, telephone, or telegraph.
"Public corporation" means the Commonwealth of Virginia or any politicalsubdivision thereof or any incorporated municipality therein or any publicagency of the Commonwealth or of any political subdivision thereof or of anymunicipality therein.
"Public facilities" means (i) airports, landing fields, and air navigationfacilities; (ii) educational facilities; (iii) flood control, bank and shoreprotection, watershed protection, and dams; (iv) hospital facilities; (v)judicial and court facilities; (vi) correctional facilities, including jailsand penitentiaries; (vii) library facilities; (viii) military installations;(ix) parks so designated by the Commonwealth or by the locality in itscomprehensive plan; (x) properties of historical significance so designatedby the Commonwealth; (xi) law enforcement, fire, emergency medical, andrescue facilities; (xii) sanitary sewer, water or stormwater facilities;(xiii) transportation facilities including highways, roads, streets, andbridges, traffic signals, related easements and rights-of-way, mass transit,ports, and any components of federal, state, or local transportationfacilities; (xiv) waste management facilities for hazardous, radioactive, orother waste; (xv) office facilities occupied by a public corporation; and(xvi) such other facilities that are necessary to the construction,maintenance, or operation of a public facility as listed in clauses (i)through (xv) and directly related thereto.
C. No more private property may be taken than that which is necessary toachieve the stated public use.
D. Except where property is taken (i) for the creation or functioning of apublic service corporation, public service company, or railroad; or (ii) forthe provision of any authorized utility service by a government utilitycorporation, property can only be taken where: (a) the public interestdominates the private gain and (b) the primary purpose is not privatefinancial gain, private benefit, an increase in tax base or tax revenues, oran increase in employment.
E. During condemnation proceedings, the property owner may challenge whetherthe taking or damaging is for a public use, the stated public use is apretext for an unauthorized use, or the taking or damaging of property is aviolation of subsection D. Nothing in this section shall be construed asabrogating any defenses or rights otherwise available to the property ownerindependently of this section.
F. Subject to the provisions of subsection D, the limitations contained inthis section shall not abrogate any other provision of law that authorizes acondemnor to dispose of property taken for a public use as surplus property,as otherwise provided by law.
G. If the acquisition of only part of a property would leave its owner withan uneconomic remnant, the condemnor shall offer to acquire the entireproperty for its fair market value as otherwise provided by law, but thecondemnor shall not acquire an uneconomic remnant if the owner objects anddesires to maintain ownership of the excess property.
H. The provisions of this section shall control to the extent there are anyinconsistencies between this section and any other general or special law;otherwise, nothing herein shall be construed as abrogating the power ofeminent domain delegated independently of this section.
I. The provisions of this section shall not apply to the forfeiture ofproperty under Chapters 22 (§ 19.2-369 et seq.), 22.1 (§ 19.2-386.1 et seq.),and 22.2 (§ 19.2-386.15 et seq.) of Title 19.2.
J. The provisions of this section shall not apply to real property that issubject to a certificate of take or a certificate of deposit recorded priorto July 1, 2007, in the circuit court clerk's office for the circuit wherethe real property is located or real property that is the subject of apetition for condemnation filed prior to July 1, 2007.
