§ 25.1-203. Authority of certain condemnors to inspect property;reimbursement for damages; notice prior to entry.
A. In connection with any project wherein the power of eminent domain may beexercised, any locality or any petitioner exercising the procedure set forthin Chapter 3 (§ 25.1-300 et seq.) of this title, acting through its dulyauthorized officers, agents or employees, may enter upon any property withoutthe written permission of its owner if (i) the petitioner has requested theowner's permission to inspect the property as provided in subsection B, (ii)the owner's written permission is not received prior to the date entry isproposed, and (iii) the petitioner has given the owner notice of intent toenter as provided in subsection C.
B. 1. A request for permission to inspect shall (i) be sent to the owner bycertified mail, return receipt requested, delivered by guaranteed overnightcourier, or otherwise delivered to the owner in person with proof ofdelivery; and (ii) be made not less than 15 days prior to the first date ofthe proposed inspection. A request for permission to inspect shall be deemedto be made on the date of mailing, if mailed, or otherwise on the date ofdelivery.
2. A request for permission to inspect shall include: (i) the specific dateor dates such inspection is proposed to be made; (ii) the name of the entityentering the property; (iii) the purpose for which entry is made; and (iv)the testing, appraisals, or examinations to be performed and other actions tobe taken.
C. Notice of intent to enter shall be sent to the owner by certified mail andbe (i) posted at the entryway to the property or at the front door or suchother door that appears to be the main entrance of the residence or businesslocated on the parcel upon which the property to be entered is located, ifthe parcel contains a residence or business; (ii) delivered by guaranteedovernight courier; or (iii) otherwise delivered to the owner in person withevidence of receipt. The notice of intent to enter shall include a copy ofthe request for permission to inspect and shall be made not less than 15 daysprior to the date of intended entry. Notice of intent to enter shall bedeemed made on the earlier of (a) the date of mailing, if mailed, or (b) onthe date of delivery or posting. Any individuals entering the property shallcarry identification and shall present such identification upon request ofthe landowner or his authorized representative.
D. Any entry authorized by this section (i) shall be for the purpose ofmaking surveys, tests, appraisals or examinations thereof in order todetermine the suitability of such property for the project, and (ii) shallnot be deemed a trespass.
E. The petitioner shall make reimbursement for any actual damages resultingfrom entry upon the property. In any action filed under this section, thecourt may award the owner his reasonable (i) attorneys' fees, (ii) courtcosts, and (iii) fees for no more than three expert witnesses testifying attrial if: (a) the court finds that the petitioner maliciously, willfully, orrecklessly damaged the owner's property; or (b) the court awards the owneractual damages in an amount 30 percent or more greater than the petitioner'sfinal written offer made no later than 30 days after the filing of an answerin circuit court or the return date in general district court. A proceedingunder this subsection shall not preclude the owner from pursuing anyadditional remedies available at law or equity.
F. The requirements of this section shall not apply to the practice of landsurveying, as defined in § 54.1-400, when such surveying is not involved inany eminent domain or any proposed eminent domain matter.
(1968, c. 415, § 25-232.1; 1970, c. 182; 2003, c. 940; 2005, c. 877.)
§ 25.1-203. Authority of certain condemnors to inspect property;reimbursement for damages; notice prior to entry.
A. In connection with any project wherein the power of eminent domain may beexercised, any locality or any petitioner exercising the procedure set forthin Chapter 3 (§ 25.1-300 et seq.) of this title, acting through its dulyauthorized officers, agents or employees, may enter upon any property withoutthe written permission of its owner if (i) the petitioner has requested theowner's permission to inspect the property as provided in subsection B, (ii)the owner's written permission is not received prior to the date entry isproposed, and (iii) the petitioner has given the owner notice of intent toenter as provided in subsection C.
B. 1. A request for permission to inspect shall (i) be sent to the owner bycertified mail, return receipt requested, delivered by guaranteed overnightcourier, or otherwise delivered to the owner in person with proof ofdelivery; and (ii) be made not less than 15 days prior to the first date ofthe proposed inspection. A request for permission to inspect shall be deemedto be made on the date of mailing, if mailed, or otherwise on the date ofdelivery.
2. A request for permission to inspect shall include: (i) the specific dateor dates such inspection is proposed to be made; (ii) the name of the entityentering the property; (iii) the purpose for which entry is made; and (iv)the testing, appraisals, or examinations to be performed and other actions tobe taken.
C. Notice of intent to enter shall be sent to the owner by certified mail andbe (i) posted at the entryway to the property or at the front door or suchother door that appears to be the main entrance of the residence or businesslocated on the parcel upon which the property to be entered is located, ifthe parcel contains a residence or business; (ii) delivered by guaranteedovernight courier; or (iii) otherwise delivered to the owner in person withevidence of receipt. The notice of intent to enter shall include a copy ofthe request for permission to inspect and shall be made not less than 15 daysprior to the date of intended entry. Notice of intent to enter shall bedeemed made on the earlier of (a) the date of mailing, if mailed, or (b) onthe date of delivery or posting. Any individuals entering the property shallcarry identification and shall present such identification upon request ofthe landowner or his authorized representative.
D. Any entry authorized by this section (i) shall be for the purpose ofmaking surveys, tests, appraisals or examinations thereof in order todetermine the suitability of such property for the project, and (ii) shallnot be deemed a trespass.
E. The petitioner shall make reimbursement for any actual damages resultingfrom entry upon the property. In any action filed under this section, thecourt may award the owner his reasonable (i) attorneys' fees, (ii) courtcosts, and (iii) fees for no more than three expert witnesses testifying attrial if: (a) the court finds that the petitioner maliciously, willfully, orrecklessly damaged the owner's property; or (b) the court awards the owneractual damages in an amount 30 percent or more greater than the petitioner'sfinal written offer made no later than 30 days after the filing of an answerin circuit court or the return date in general district court. A proceedingunder this subsection shall not preclude the owner from pursuing anyadditional remedies available at law or equity.
F. The requirements of this section shall not apply to the practice of landsurveying, as defined in § 54.1-400, when such surveying is not involved inany eminent domain or any proposed eminent domain matter.
(1968, c. 415, § 25-232.1; 1970, c. 182; 2003, c. 940; 2005, c. 877.)
§ 25.1-203. Authority of certain condemnors to inspect property;reimbursement for damages; notice prior to entry.
A. In connection with any project wherein the power of eminent domain may beexercised, any locality or any petitioner exercising the procedure set forthin Chapter 3 (§ 25.1-300 et seq.) of this title, acting through its dulyauthorized officers, agents or employees, may enter upon any property withoutthe written permission of its owner if (i) the petitioner has requested theowner's permission to inspect the property as provided in subsection B, (ii)the owner's written permission is not received prior to the date entry isproposed, and (iii) the petitioner has given the owner notice of intent toenter as provided in subsection C.
B. 1. A request for permission to inspect shall (i) be sent to the owner bycertified mail, return receipt requested, delivered by guaranteed overnightcourier, or otherwise delivered to the owner in person with proof ofdelivery; and (ii) be made not less than 15 days prior to the first date ofthe proposed inspection. A request for permission to inspect shall be deemedto be made on the date of mailing, if mailed, or otherwise on the date ofdelivery.
2. A request for permission to inspect shall include: (i) the specific dateor dates such inspection is proposed to be made; (ii) the name of the entityentering the property; (iii) the purpose for which entry is made; and (iv)the testing, appraisals, or examinations to be performed and other actions tobe taken.
C. Notice of intent to enter shall be sent to the owner by certified mail andbe (i) posted at the entryway to the property or at the front door or suchother door that appears to be the main entrance of the residence or businesslocated on the parcel upon which the property to be entered is located, ifthe parcel contains a residence or business; (ii) delivered by guaranteedovernight courier; or (iii) otherwise delivered to the owner in person withevidence of receipt. The notice of intent to enter shall include a copy ofthe request for permission to inspect and shall be made not less than 15 daysprior to the date of intended entry. Notice of intent to enter shall bedeemed made on the earlier of (a) the date of mailing, if mailed, or (b) onthe date of delivery or posting. Any individuals entering the property shallcarry identification and shall present such identification upon request ofthe landowner or his authorized representative.
D. Any entry authorized by this section (i) shall be for the purpose ofmaking surveys, tests, appraisals or examinations thereof in order todetermine the suitability of such property for the project, and (ii) shallnot be deemed a trespass.
E. The petitioner shall make reimbursement for any actual damages resultingfrom entry upon the property. In any action filed under this section, thecourt may award the owner his reasonable (i) attorneys' fees, (ii) courtcosts, and (iii) fees for no more than three expert witnesses testifying attrial if: (a) the court finds that the petitioner maliciously, willfully, orrecklessly damaged the owner's property; or (b) the court awards the owneractual damages in an amount 30 percent or more greater than the petitioner'sfinal written offer made no later than 30 days after the filing of an answerin circuit court or the return date in general district court. A proceedingunder this subsection shall not preclude the owner from pursuing anyadditional remedies available at law or equity.
F. The requirements of this section shall not apply to the practice of landsurveying, as defined in § 54.1-400, when such surveying is not involved inany eminent domain or any proposed eminent domain matter.
(1968, c. 415, § 25-232.1; 1970, c. 182; 2003, c. 940; 2005, c. 877.)
