§ 15.2-1903. Requirements for initiating condemnation; filing of ordinance orresolution with petition; voluntary conveyance.
A. Condemnation proceedings may be instituted when:
1. the locality and owner cannot agree on the compensation to be paid orother terms of purchase or settlement;
2. the owner is legally incapacitated;
3. either the owner or his whereabouts is unknown; or
4. the owner is unable to convey valid title to the property.
B. Prior to initiating condemnation proceedings, the governing body shall,after a public hearing, adopt a resolution or ordinance approving theproposed public use and directing the acquisition of property for the publicuse by condemnation or other means. The resolution or ordinance shall statethe use to which the property shall be put and the necessity therefor.Furthermore, other political subdivisions of the Commonwealth shall also berequired to hold a public hearing prior to initiating condemnationproceedings.
C. When a petition for condemnation is filed by or on behalf of the locality,a true copy of the resolution or ordinance duly adopted by the governing bodydeclaring the intended public use of the property, and the necessitytherefor, may be filed with the petition, and when so filed constitutessufficient evidence of such public use and necessity.
D. The fact that no petition has been filed by a locality to condemn anyinterest conveyed by deed shall not by itself render such conveyance freefrom the threat of condemnation, nor shall such fact constitute sufficientproof of voluntary conveyance for the purposes of any taxing authority.
§ 15.2-1903. Requirements for initiating condemnation; filing of ordinance orresolution with petition; voluntary conveyance.
A. Condemnation proceedings may be instituted when:
1. the locality and owner cannot agree on the compensation to be paid orother terms of purchase or settlement;
2. the owner is legally incapacitated;
3. either the owner or his whereabouts is unknown; or
4. the owner is unable to convey valid title to the property.
B. Prior to initiating condemnation proceedings, the governing body shall,after a public hearing, adopt a resolution or ordinance approving theproposed public use and directing the acquisition of property for the publicuse by condemnation or other means. The resolution or ordinance shall statethe use to which the property shall be put and the necessity therefor.Furthermore, other political subdivisions of the Commonwealth shall also berequired to hold a public hearing prior to initiating condemnationproceedings.
C. When a petition for condemnation is filed by or on behalf of the locality,a true copy of the resolution or ordinance duly adopted by the governing bodydeclaring the intended public use of the property, and the necessitytherefor, may be filed with the petition, and when so filed constitutessufficient evidence of such public use and necessity.
D. The fact that no petition has been filed by a locality to condemn anyinterest conveyed by deed shall not by itself render such conveyance freefrom the threat of condemnation, nor shall such fact constitute sufficientproof of voluntary conveyance for the purposes of any taxing authority.
§ 15.2-1903. Requirements for initiating condemnation; filing of ordinance orresolution with petition; voluntary conveyance.
A. Condemnation proceedings may be instituted when:
1. the locality and owner cannot agree on the compensation to be paid orother terms of purchase or settlement;
2. the owner is legally incapacitated;
3. either the owner or his whereabouts is unknown; or
4. the owner is unable to convey valid title to the property.
B. Prior to initiating condemnation proceedings, the governing body shall,after a public hearing, adopt a resolution or ordinance approving theproposed public use and directing the acquisition of property for the publicuse by condemnation or other means. The resolution or ordinance shall statethe use to which the property shall be put and the necessity therefor.Furthermore, other political subdivisions of the Commonwealth shall also berequired to hold a public hearing prior to initiating condemnationproceedings.
C. When a petition for condemnation is filed by or on behalf of the locality,a true copy of the resolution or ordinance duly adopted by the governing bodydeclaring the intended public use of the property, and the necessitytherefor, may be filed with the petition, and when so filed constitutessufficient evidence of such public use and necessity.
D. The fact that no petition has been filed by a locality to condemn anyinterest conveyed by deed shall not by itself render such conveyance freefrom the threat of condemnation, nor shall such fact constitute sufficientproof of voluntary conveyance for the purposes of any taxing authority.
