§ 25.1-318. Petition by owner for determination of just compensation.
A. The owner of property that an authorized condemnor has entered and takenpossession of pursuant to the provisions of this chapter may petition thecircuit court of the locality in which the greater portion of the propertylies for the appointment of commissioners or the empanelment of a jury todetermine just compensation for the property taken and damages done, if any,to such property, as provided in Chapter 2 (§ 25.1-200 et seq.) if (i) theowner and the authorized condemnor have not reached an agreement as tocompensation and damages, if any, and (ii) the authorized condemnor:
1. Has not completed the construction of the contemplated improvements uponthe property after a reasonable time for such construction has elapsed; or
2. Has not instituted condemnation proceedings within:
a. Sixty days after completion of the construction of the contemplatedimprovements upon the property; or
b. One year after the authorized condemnor has entered upon and takenpossession of the property, regardless of whether the construction of thecontemplated improvements has been completed.
B. A copy of such petition shall be served upon the authorized condemnor atleast 10 days before it is filed in the court. The authorized condemnor shallfile an answer thereto within five days after the filing of the petition. Ifthe court finds that the conditions prerequisite for such appointment asprovided in subsection A are satisfied, the court shall appoint commissionersor empanel a jury, as requested in the owner's petition, to ascertain theamount of compensation to be paid for the property taken and damages done, ifany. The proceedings shall thereafter be governed by the procedure prescribedby Chapter 2 (§ 25.1-200 et seq.) insofar as the same may be applicable.
§ 25.1-318. Petition by owner for determination of just compensation.
A. The owner of property that an authorized condemnor has entered and takenpossession of pursuant to the provisions of this chapter may petition thecircuit court of the locality in which the greater portion of the propertylies for the appointment of commissioners or the empanelment of a jury todetermine just compensation for the property taken and damages done, if any,to such property, as provided in Chapter 2 (§ 25.1-200 et seq.) if (i) theowner and the authorized condemnor have not reached an agreement as tocompensation and damages, if any, and (ii) the authorized condemnor:
1. Has not completed the construction of the contemplated improvements uponthe property after a reasonable time for such construction has elapsed; or
2. Has not instituted condemnation proceedings within:
a. Sixty days after completion of the construction of the contemplatedimprovements upon the property; or
b. One year after the authorized condemnor has entered upon and takenpossession of the property, regardless of whether the construction of thecontemplated improvements has been completed.
B. A copy of such petition shall be served upon the authorized condemnor atleast 10 days before it is filed in the court. The authorized condemnor shallfile an answer thereto within five days after the filing of the petition. Ifthe court finds that the conditions prerequisite for such appointment asprovided in subsection A are satisfied, the court shall appoint commissionersor empanel a jury, as requested in the owner's petition, to ascertain theamount of compensation to be paid for the property taken and damages done, ifany. The proceedings shall thereafter be governed by the procedure prescribedby Chapter 2 (§ 25.1-200 et seq.) insofar as the same may be applicable.
§ 25.1-318. Petition by owner for determination of just compensation.
A. The owner of property that an authorized condemnor has entered and takenpossession of pursuant to the provisions of this chapter may petition thecircuit court of the locality in which the greater portion of the propertylies for the appointment of commissioners or the empanelment of a jury todetermine just compensation for the property taken and damages done, if any,to such property, as provided in Chapter 2 (§ 25.1-200 et seq.) if (i) theowner and the authorized condemnor have not reached an agreement as tocompensation and damages, if any, and (ii) the authorized condemnor:
1. Has not completed the construction of the contemplated improvements uponthe property after a reasonable time for such construction has elapsed; or
2. Has not instituted condemnation proceedings within:
a. Sixty days after completion of the construction of the contemplatedimprovements upon the property; or
b. One year after the authorized condemnor has entered upon and takenpossession of the property, regardless of whether the construction of thecontemplated improvements has been completed.
B. A copy of such petition shall be served upon the authorized condemnor atleast 10 days before it is filed in the court. The authorized condemnor shallfile an answer thereto within five days after the filing of the petition. Ifthe court finds that the conditions prerequisite for such appointment asprovided in subsection A are satisfied, the court shall appoint commissionersor empanel a jury, as requested in the owner's petition, to ascertain theamount of compensation to be paid for the property taken and damages done, ifany. The proceedings shall thereafter be governed by the procedure prescribedby Chapter 2 (§ 25.1-200 et seq.) insofar as the same may be applicable.
