A. When a county is authorized by subsection A of § 15.2-1904 to use theprocedures set forth in Chapter 3 (§ 25.1-300 et seq.) of Title 25.1, itshall comply either with the requirements of subsection B or subsection C.
B. 1. No property shall be entered upon and taken by any county before theconclusion of condemnation proceedings unless, prior to entering upon andtaking possession of such property or right-of-way, the governing body of thecounty notifies the owners of the property by certified mail, that it intendsto enter upon and take the property. Such notice shall be sent by the datespecified in the resolution or ordinance required by § 15.2-1903 and shallset forth the compensation and damages offered by the county to each propertyowner;
2. Any property owner given notice as provided in subdivision 1 may, within30 days following the sending of the notice, institute a proceeding in thecircuit court of the county, wherein the condemnation proceedings are to beinstituted, to determine whether such taking is of such necessity as tojustify resort to entry upon the property prior to an agreement between thecounty and the property owner as to compensation and damages to be paidtherefor. Any other property owner affected may intervene. The county shallbe served notice as provided by law and shall be made a party defendant. Theproceedings shall be placed upon the privileged docket of the court and shalltake precedence over all other civil matters pending therein and shall bespeedily heard and disposed of. The issue in any such proceeding shall bewhether the circumstances are such as to justify an entry upon and takingpossession by the county of the property involved prior to an agreement oraward upon compensation and damages therefor. If the court is of the opinionthat no such necessity exists, and that such manner of taking would work anundue hardship upon any such owner, it shall enter an order requiring thecounty to proceed by methods of condemnation providing for the determinationof compensation and damages for property to be taken prior to such taking, ifthe county deems it necessary to proceed with the project for which theproperty is sought; and
3. At any time after the giving of the notice as provided in subdivision 1,upon the filing of an application by the landowner to such effect in thecourt having jurisdiction, and, in any event, within 120 days after thecompletion of the project for which the entry and taking of possession priorto condemnation was undertaken, if the county and the owner of such propertyhave been unable to agree as to compensation and damages, if any, causedthereby, the county shall institute condemnation proceedings, and the amountof such compensation and damages, if any, awarded to the owner in suchproceeding shall be paid by the county. The authorities constructing suchproject under the authority of this section shall use diligence to protectgrowing crops and pastures and to prevent damage to any property not taken.So far as possible all rights-of-way shall be acquired or contracted forbefore any condemnation is resorted to.
C. As an alternative to the procedure set forth in subsection B, any otherlaws to the contrary notwithstanding, upon the passage of an ordinance orresolution following a public hearing by the board of supervisors of anycounty declaring its intent to enter and take certain specified propertiesfor any of the purposes set out in subsection A of § 15.2-1904, whichordinance or resolution shall also state the compensation and damages, ifany, offered each property owner by the county and declare the necessity toenter upon and take such property prior to or during the condemnationproceedings, the county, for such purposes set forth in the resolution orordinance, shall be authorized to institute and conduct condemnationproceedings in accordance with the procedure set forth in Chapter 2 (§25.1-200 et seq.) of Title 25.1, except that (i) the county may institute andconduct condemnation proceedings in accordance with the procedure set forthin Chapter 3 (§ 25.1-300 et seq.) of Title 25.1 and (ii) such proceedingsshall be instituted by and conducted in the name of the governing body of thecounty.
(Code 1950, §§ 15-668.1, 15-668.2; 1954, c. 384; 1958, c. 382; 1960, c. 6;1962, cc. 494, 511, 623, § 15.1-238; 1964, c. 269; 1979, c. 303; 1983, c.434; 1989, c. 304; 1990, c. 514; 1997, c. 587; 2003, c. 940.)
A. When a county is authorized by subsection A of § 15.2-1904 to use theprocedures set forth in Chapter 3 (§ 25.1-300 et seq.) of Title 25.1, itshall comply either with the requirements of subsection B or subsection C.
B. 1. No property shall be entered upon and taken by any county before theconclusion of condemnation proceedings unless, prior to entering upon andtaking possession of such property or right-of-way, the governing body of thecounty notifies the owners of the property by certified mail, that it intendsto enter upon and take the property. Such notice shall be sent by the datespecified in the resolution or ordinance required by § 15.2-1903 and shallset forth the compensation and damages offered by the county to each propertyowner;
2. Any property owner given notice as provided in subdivision 1 may, within30 days following the sending of the notice, institute a proceeding in thecircuit court of the county, wherein the condemnation proceedings are to beinstituted, to determine whether such taking is of such necessity as tojustify resort to entry upon the property prior to an agreement between thecounty and the property owner as to compensation and damages to be paidtherefor. Any other property owner affected may intervene. The county shallbe served notice as provided by law and shall be made a party defendant. Theproceedings shall be placed upon the privileged docket of the court and shalltake precedence over all other civil matters pending therein and shall bespeedily heard and disposed of. The issue in any such proceeding shall bewhether the circumstances are such as to justify an entry upon and takingpossession by the county of the property involved prior to an agreement oraward upon compensation and damages therefor. If the court is of the opinionthat no such necessity exists, and that such manner of taking would work anundue hardship upon any such owner, it shall enter an order requiring thecounty to proceed by methods of condemnation providing for the determinationof compensation and damages for property to be taken prior to such taking, ifthe county deems it necessary to proceed with the project for which theproperty is sought; and
3. At any time after the giving of the notice as provided in subdivision 1,upon the filing of an application by the landowner to such effect in thecourt having jurisdiction, and, in any event, within 120 days after thecompletion of the project for which the entry and taking of possession priorto condemnation was undertaken, if the county and the owner of such propertyhave been unable to agree as to compensation and damages, if any, causedthereby, the county shall institute condemnation proceedings, and the amountof such compensation and damages, if any, awarded to the owner in suchproceeding shall be paid by the county. The authorities constructing suchproject under the authority of this section shall use diligence to protectgrowing crops and pastures and to prevent damage to any property not taken.So far as possible all rights-of-way shall be acquired or contracted forbefore any condemnation is resorted to.
C. As an alternative to the procedure set forth in subsection B, any otherlaws to the contrary notwithstanding, upon the passage of an ordinance orresolution following a public hearing by the board of supervisors of anycounty declaring its intent to enter and take certain specified propertiesfor any of the purposes set out in subsection A of § 15.2-1904, whichordinance or resolution shall also state the compensation and damages, ifany, offered each property owner by the county and declare the necessity toenter upon and take such property prior to or during the condemnationproceedings, the county, for such purposes set forth in the resolution orordinance, shall be authorized to institute and conduct condemnationproceedings in accordance with the procedure set forth in Chapter 2 (§25.1-200 et seq.) of Title 25.1, except that (i) the county may institute andconduct condemnation proceedings in accordance with the procedure set forthin Chapter 3 (§ 25.1-300 et seq.) of Title 25.1 and (ii) such proceedingsshall be instituted by and conducted in the name of the governing body of thecounty.
(Code 1950, §§ 15-668.1, 15-668.2; 1954, c. 384; 1958, c. 382; 1960, c. 6;1962, cc. 494, 511, 623, § 15.1-238; 1964, c. 269; 1979, c. 303; 1983, c.434; 1989, c. 304; 1990, c. 514; 1997, c. 587; 2003, c. 940.)
A. When a county is authorized by subsection A of § 15.2-1904 to use theprocedures set forth in Chapter 3 (§ 25.1-300 et seq.) of Title 25.1, itshall comply either with the requirements of subsection B or subsection C.
B. 1. No property shall be entered upon and taken by any county before theconclusion of condemnation proceedings unless, prior to entering upon andtaking possession of such property or right-of-way, the governing body of thecounty notifies the owners of the property by certified mail, that it intendsto enter upon and take the property. Such notice shall be sent by the datespecified in the resolution or ordinance required by § 15.2-1903 and shallset forth the compensation and damages offered by the county to each propertyowner;
2. Any property owner given notice as provided in subdivision 1 may, within30 days following the sending of the notice, institute a proceeding in thecircuit court of the county, wherein the condemnation proceedings are to beinstituted, to determine whether such taking is of such necessity as tojustify resort to entry upon the property prior to an agreement between thecounty and the property owner as to compensation and damages to be paidtherefor. Any other property owner affected may intervene. The county shallbe served notice as provided by law and shall be made a party defendant. Theproceedings shall be placed upon the privileged docket of the court and shalltake precedence over all other civil matters pending therein and shall bespeedily heard and disposed of. The issue in any such proceeding shall bewhether the circumstances are such as to justify an entry upon and takingpossession by the county of the property involved prior to an agreement oraward upon compensation and damages therefor. If the court is of the opinionthat no such necessity exists, and that such manner of taking would work anundue hardship upon any such owner, it shall enter an order requiring thecounty to proceed by methods of condemnation providing for the determinationof compensation and damages for property to be taken prior to such taking, ifthe county deems it necessary to proceed with the project for which theproperty is sought; and
3. At any time after the giving of the notice as provided in subdivision 1,upon the filing of an application by the landowner to such effect in thecourt having jurisdiction, and, in any event, within 120 days after thecompletion of the project for which the entry and taking of possession priorto condemnation was undertaken, if the county and the owner of such propertyhave been unable to agree as to compensation and damages, if any, causedthereby, the county shall institute condemnation proceedings, and the amountof such compensation and damages, if any, awarded to the owner in suchproceeding shall be paid by the county. The authorities constructing suchproject under the authority of this section shall use diligence to protectgrowing crops and pastures and to prevent damage to any property not taken.So far as possible all rights-of-way shall be acquired or contracted forbefore any condemnation is resorted to.
C. As an alternative to the procedure set forth in subsection B, any otherlaws to the contrary notwithstanding, upon the passage of an ordinance orresolution following a public hearing by the board of supervisors of anycounty declaring its intent to enter and take certain specified propertiesfor any of the purposes set out in subsection A of § 15.2-1904, whichordinance or resolution shall also state the compensation and damages, ifany, offered each property owner by the county and declare the necessity toenter upon and take such property prior to or during the condemnationproceedings, the county, for such purposes set forth in the resolution orordinance, shall be authorized to institute and conduct condemnationproceedings in accordance with the procedure set forth in Chapter 2 (§25.1-200 et seq.) of Title 25.1, except that (i) the county may institute andconduct condemnation proceedings in accordance with the procedure set forthin Chapter 3 (§ 25.1-300 et seq.) of Title 25.1 and (ii) such proceedingsshall be instituted by and conducted in the name of the governing body of thecounty.
(Code 1950, §§ 15-668.1, 15-668.2; 1954, c. 384; 1958, c. 382; 1960, c. 6;1962, cc. 494, 511, 623, § 15.1-238; 1964, c. 269; 1979, c. 303; 1983, c.434; 1989, c. 304; 1990, c. 514; 1997, c. 587; 2003, c. 940.)
