§ 25.1-204. Effort to purchase required; prerequisite to effort to purchaseor filing certificate.
A. A condemnor shall not institute proceedings to condemn property until abona fide but ineffectual effort to purchase from the owner the propertysought to be condemned has been made. However, such effort shall not berequired if the consent cannot be obtained because one or more of the owners(i) is a person under a disability or is otherwise unable to convey legaltitle to such property, (ii) is unknown or (iii) cannot with reasonablediligence be found within this Commonwealth.
B. Such bona fide effort shall include delivery of, or attempt to deliver, awritten statement to the owner that explains the factual basis for thecondemnor's offer.
C. If the condemnor obtains an appraisal of the property pursuant to theprovisions of § 25.1-417, such written statement shall include a copy of theappraisal of the property upon which such offer is based.
D. Notwithstanding any provision of law to the contrary, a condemnor, priorto making an offer to acquire a fee simple interest in property by purchaseor filing a certificate of take or certificate of deposit pursuant to Chapter3 (§ 25.1-300 et seq.) of this title or § 33.1-120, shall (i) conduct orcause to be conducted an examination of title to the property in order toascertain the identity of each owner of such property and to determine thenature and extent of such owner's interests in the property and (ii) provideto such owner or owners a copy of the report of status of title.
E. A state agency's acquisition of real property in connection with anyprograms or projects pursuant to this title or Title 33.1 shall be conductedin accordance with the following provisions:
1. Before initiating negotiations for real property, the state agency shallestablish an amount which it believes to be just compensation therefor andshall make a prompt offer to acquire the property for the full amount soestablished. In no event shall such amount be less than the agency's approvedappraisal of the fair market value of such property, if such an appraisal isrequired. Any decrease or increase in the fair market value of real propertyprior to the date of valuation caused by the public improvement for whichsuch property is acquired, or by the likelihood that the property would beacquired for such improvement, other than that due to physical deteriorationwithin the reasonable control of the owner, shall be disregarded indetermining the compensation for the property. The agency concerned shallprovide the owner of real property to be acquired with a written statementof, and summary of the basis for, the amount it established as justcompensation, together with a copy of the agency's approved appraisal of thefair market value of such property upon which the agency has based the amountoffered for the property, if such an appraisal is required. Whereappropriate, the just compensation for the real property acquired and fordamages to remaining real property shall be separately stated.
2. No owner shall be required to surrender possession of real property beforethe state agency pays the agreed purchase price, or deposits with the statecourt in accordance with applicable law, for the benefit of the owner, (i) anamount not less than the agency's approved appraisal of the fair market valueof such property, if such an appraisal is required, or (ii) the amount of theaward of compensation in the condemnation proceeding for such property.
(Code 1919, § 4363; Code 1950, § 25-7; 1962, c. 426, § 25-46.5; 1998, c. 556;2000, c. 1029; 2003, cc. 627, 940; 2005, c. 878.)
§ 25.1-204. Effort to purchase required; prerequisite to effort to purchaseor filing certificate.
A. A condemnor shall not institute proceedings to condemn property until abona fide but ineffectual effort to purchase from the owner the propertysought to be condemned has been made. However, such effort shall not berequired if the consent cannot be obtained because one or more of the owners(i) is a person under a disability or is otherwise unable to convey legaltitle to such property, (ii) is unknown or (iii) cannot with reasonablediligence be found within this Commonwealth.
B. Such bona fide effort shall include delivery of, or attempt to deliver, awritten statement to the owner that explains the factual basis for thecondemnor's offer.
C. If the condemnor obtains an appraisal of the property pursuant to theprovisions of § 25.1-417, such written statement shall include a copy of theappraisal of the property upon which such offer is based.
D. Notwithstanding any provision of law to the contrary, a condemnor, priorto making an offer to acquire a fee simple interest in property by purchaseor filing a certificate of take or certificate of deposit pursuant to Chapter3 (§ 25.1-300 et seq.) of this title or § 33.1-120, shall (i) conduct orcause to be conducted an examination of title to the property in order toascertain the identity of each owner of such property and to determine thenature and extent of such owner's interests in the property and (ii) provideto such owner or owners a copy of the report of status of title.
E. A state agency's acquisition of real property in connection with anyprograms or projects pursuant to this title or Title 33.1 shall be conductedin accordance with the following provisions:
1. Before initiating negotiations for real property, the state agency shallestablish an amount which it believes to be just compensation therefor andshall make a prompt offer to acquire the property for the full amount soestablished. In no event shall such amount be less than the agency's approvedappraisal of the fair market value of such property, if such an appraisal isrequired. Any decrease or increase in the fair market value of real propertyprior to the date of valuation caused by the public improvement for whichsuch property is acquired, or by the likelihood that the property would beacquired for such improvement, other than that due to physical deteriorationwithin the reasonable control of the owner, shall be disregarded indetermining the compensation for the property. The agency concerned shallprovide the owner of real property to be acquired with a written statementof, and summary of the basis for, the amount it established as justcompensation, together with a copy of the agency's approved appraisal of thefair market value of such property upon which the agency has based the amountoffered for the property, if such an appraisal is required. Whereappropriate, the just compensation for the real property acquired and fordamages to remaining real property shall be separately stated.
2. No owner shall be required to surrender possession of real property beforethe state agency pays the agreed purchase price, or deposits with the statecourt in accordance with applicable law, for the benefit of the owner, (i) anamount not less than the agency's approved appraisal of the fair market valueof such property, if such an appraisal is required, or (ii) the amount of theaward of compensation in the condemnation proceeding for such property.
(Code 1919, § 4363; Code 1950, § 25-7; 1962, c. 426, § 25-46.5; 1998, c. 556;2000, c. 1029; 2003, cc. 627, 940; 2005, c. 878.)
§ 25.1-204. Effort to purchase required; prerequisite to effort to purchaseor filing certificate.
A. A condemnor shall not institute proceedings to condemn property until abona fide but ineffectual effort to purchase from the owner the propertysought to be condemned has been made. However, such effort shall not berequired if the consent cannot be obtained because one or more of the owners(i) is a person under a disability or is otherwise unable to convey legaltitle to such property, (ii) is unknown or (iii) cannot with reasonablediligence be found within this Commonwealth.
B. Such bona fide effort shall include delivery of, or attempt to deliver, awritten statement to the owner that explains the factual basis for thecondemnor's offer.
C. If the condemnor obtains an appraisal of the property pursuant to theprovisions of § 25.1-417, such written statement shall include a copy of theappraisal of the property upon which such offer is based.
D. Notwithstanding any provision of law to the contrary, a condemnor, priorto making an offer to acquire a fee simple interest in property by purchaseor filing a certificate of take or certificate of deposit pursuant to Chapter3 (§ 25.1-300 et seq.) of this title or § 33.1-120, shall (i) conduct orcause to be conducted an examination of title to the property in order toascertain the identity of each owner of such property and to determine thenature and extent of such owner's interests in the property and (ii) provideto such owner or owners a copy of the report of status of title.
E. A state agency's acquisition of real property in connection with anyprograms or projects pursuant to this title or Title 33.1 shall be conductedin accordance with the following provisions:
1. Before initiating negotiations for real property, the state agency shallestablish an amount which it believes to be just compensation therefor andshall make a prompt offer to acquire the property for the full amount soestablished. In no event shall such amount be less than the agency's approvedappraisal of the fair market value of such property, if such an appraisal isrequired. Any decrease or increase in the fair market value of real propertyprior to the date of valuation caused by the public improvement for whichsuch property is acquired, or by the likelihood that the property would beacquired for such improvement, other than that due to physical deteriorationwithin the reasonable control of the owner, shall be disregarded indetermining the compensation for the property. The agency concerned shallprovide the owner of real property to be acquired with a written statementof, and summary of the basis for, the amount it established as justcompensation, together with a copy of the agency's approved appraisal of thefair market value of such property upon which the agency has based the amountoffered for the property, if such an appraisal is required. Whereappropriate, the just compensation for the real property acquired and fordamages to remaining real property shall be separately stated.
2. No owner shall be required to surrender possession of real property beforethe state agency pays the agreed purchase price, or deposits with the statecourt in accordance with applicable law, for the benefit of the owner, (i) anamount not less than the agency's approved appraisal of the fair market valueof such property, if such an appraisal is required, or (ii) the amount of theaward of compensation in the condemnation proceeding for such property.
(Code 1919, § 4363; Code 1950, § 25-7; 1962, c. 426, § 25-46.5; 1998, c. 556;2000, c. 1029; 2003, cc. 627, 940; 2005, c. 878.)
