As used in this chapter, unless the context requires a different meaning:
"Appraisal" means a written statement independently and impartiallyprepared by a qualified appraiser setting forth an opinion of defined valueof an adequately described property as of a specific date, supported by thepresentation and analysis of relevant market information.
"Business" means any lawful activity, except a farm operation, conductedprimarily:
1. For the purchase, sale, lease and rental of personal and of real property,and for the manufacture, processing, or marketing of products, commodities,or any other personal property;
2. For the sale of services to the public;
3. By a nonprofit organization; or
4. Solely for the purposes of § 25.1-406, for assisting in the purchase,sale, resale, manufacture, processing, or marketing of products, commodities,personal property, or services by the erection and maintenance of an outdooradvertising display or displays, whether or not such display or displays arelocated on the premises on which any of the above activities are conducted.
"Comparable replacement dwelling" means any dwelling that is (i) decent,safe and sanitary; (ii) adequate in size to accommodate the occupants; (iii)within the financial means of the displaced person; (iv) functionallyequivalent; (v) in an area not subject to unreasonable adverse environmentalconditions; and (vi) in a location generally not less desirable than thelocation of the displaced person's dwelling with respect to public utilities,facilities, services and the displaced person's place of employment.
"Decent, safe, and sanitary dwelling" means a dwelling that:
1. Is structurally sound, weather tight and in good repair;
2. Has a safe electrical wiring system adequate for lighting and appliances;
3. Contains a heating system capable of maintaining a healthful temperature;
4. Is adequate in size with respect to the number of rooms and area of livingspace needed to accommodate the displaced household;
5. Has a separate, well-lighted and ventilated bathroom that provides privacyto the user and contains sink, toilet, and bathing facilities (shower orbath, or both), all operational and connected to a functional water and sewerdisposal system;
6. Provides unobstructed egress to safe open space at ground level. If theunit is above the first floor and served by a common corridor, there must betwo means of egress; and
7. Is free of barriers to egress, ingress and use by a displaced person whois handicapped.
"Displaced person" means:
1. Any person who moves from real property, or moves his personal propertyfrom real property (i) as a direct result of a written notice of intent toacquire or the acquisition of such real property, in whole or in part, forany program or project undertaken by a state agency or (ii) on which suchperson is a residential tenant or conducts a small business, a farm operationor a business described in clause 4 of the definition of "business" in thissection as a direct result of rehabilitation, demolition, or other displacingactivity as the state agency may prescribe, under a program or projectundertaken by the state agency in any case in which the state agencydetermines that such displacement is permanent;
2. Solely for the purposes of §§ 25.1-406, 25.1-407, and 25.1-411, any personwho moves from real property, or moves his personal property from realproperty: (i) as a direct result of a written notice of intent to acquire orthe acquisition of other real property, in whole or in part, on which suchperson conducts a business or farm operation, for a program or projectundertaken by a state agency or (ii) as a direct result of rehabilitation,demolition, or other displacing activity as the state agency may prescribe,of other real property on which such person conducts a business or farmoperation, under a program or project undertaken by the state agency in anycase in which the state agency determines that such displacement ispermanent; and
3. Any person who moves or discontinues his business or moves other personalproperty, or moves from his dwelling, as the direct result of (i) federallyassisted activities for the enforcement of a building code or other similarcode or (ii) a program of rehabilitation or demolition of buildings conductedpursuant to a federally assisted governmental program.
The term "displaced person" does not include (i) a person who has beendetermined, according to criteria established by the state agency, to beeither in unlawful occupancy of the displacement dwelling or to have occupiedsuch dwelling for the purpose of obtaining assistance under this chapter; or(ii) in any case where the state agency acquires property for a program orproject, any person, other than a person who was an occupant of the propertyat the time it was acquired, who occupies such property on a rental basis fora short term or a period subject to termination when the property is neededfor the program or project.
"Dwelling" means the place of permanent or customary and usual residence ofa person, according to local custom or law, including a single-family house,a single family unit in a two-family, multi-family, or multi-purposeproperty; a unit of a condominium or cooperative housing project; anonhousekeeping unit; a mobile home; or any other residential unit.
"Farm operation" means any activity conducted solely or primarily for theproduction of one or more agricultural products or commodities, includingtimber, for sale or home use, and customarily producing such products orcommodities in sufficient quantity to be capable of contributing materiallyto the operator's support.
"Mortgage" means such classes of liens as are commonly given to secureadvances on, or the unpaid purchase price of, real property, together withthe credit instruments, if any, secured thereby.
"Nonprofit organization" means an organization that is exempt from payingfederal income taxes under § 501 of the Internal Revenue Code (26 U.S.C. §501).
"Person" means any (i) individual or (ii) partnership, corporation, limitedliability company, association, or other business entity.
"State agency" means any (i) department, agency or instrumentality of theCommonwealth; (ii) public authority, municipal corporation, localgovernmental unit or political subdivision of the Commonwealth or anydepartment, agency or instrumentality thereof; (iii) person who has theauthority to acquire property by eminent domain under state law; or (iv) anytwo or more of the aforementioned, which carries out projects that causepersons to be displaced.
"Uneconomic remnant" means a parcel of real property in which the owner isleft with an interest after the partial acquisition of the owner's propertyand which the state agency has determined has little or no value or utilityto the owner.
(Code 1950, §§ 33-75.02, 33.1-132.2; 1970, c. 40, § 25-238; 1972, c. 738;1989, c. 714; 2000, c. 851; 2002, c. 878; 2003, c. 940.)
As used in this chapter, unless the context requires a different meaning:
"Appraisal" means a written statement independently and impartiallyprepared by a qualified appraiser setting forth an opinion of defined valueof an adequately described property as of a specific date, supported by thepresentation and analysis of relevant market information.
"Business" means any lawful activity, except a farm operation, conductedprimarily:
1. For the purchase, sale, lease and rental of personal and of real property,and for the manufacture, processing, or marketing of products, commodities,or any other personal property;
2. For the sale of services to the public;
3. By a nonprofit organization; or
4. Solely for the purposes of § 25.1-406, for assisting in the purchase,sale, resale, manufacture, processing, or marketing of products, commodities,personal property, or services by the erection and maintenance of an outdooradvertising display or displays, whether or not such display or displays arelocated on the premises on which any of the above activities are conducted.
"Comparable replacement dwelling" means any dwelling that is (i) decent,safe and sanitary; (ii) adequate in size to accommodate the occupants; (iii)within the financial means of the displaced person; (iv) functionallyequivalent; (v) in an area not subject to unreasonable adverse environmentalconditions; and (vi) in a location generally not less desirable than thelocation of the displaced person's dwelling with respect to public utilities,facilities, services and the displaced person's place of employment.
"Decent, safe, and sanitary dwelling" means a dwelling that:
1. Is structurally sound, weather tight and in good repair;
2. Has a safe electrical wiring system adequate for lighting and appliances;
3. Contains a heating system capable of maintaining a healthful temperature;
4. Is adequate in size with respect to the number of rooms and area of livingspace needed to accommodate the displaced household;
5. Has a separate, well-lighted and ventilated bathroom that provides privacyto the user and contains sink, toilet, and bathing facilities (shower orbath, or both), all operational and connected to a functional water and sewerdisposal system;
6. Provides unobstructed egress to safe open space at ground level. If theunit is above the first floor and served by a common corridor, there must betwo means of egress; and
7. Is free of barriers to egress, ingress and use by a displaced person whois handicapped.
"Displaced person" means:
1. Any person who moves from real property, or moves his personal propertyfrom real property (i) as a direct result of a written notice of intent toacquire or the acquisition of such real property, in whole or in part, forany program or project undertaken by a state agency or (ii) on which suchperson is a residential tenant or conducts a small business, a farm operationor a business described in clause 4 of the definition of "business" in thissection as a direct result of rehabilitation, demolition, or other displacingactivity as the state agency may prescribe, under a program or projectundertaken by the state agency in any case in which the state agencydetermines that such displacement is permanent;
2. Solely for the purposes of §§ 25.1-406, 25.1-407, and 25.1-411, any personwho moves from real property, or moves his personal property from realproperty: (i) as a direct result of a written notice of intent to acquire orthe acquisition of other real property, in whole or in part, on which suchperson conducts a business or farm operation, for a program or projectundertaken by a state agency or (ii) as a direct result of rehabilitation,demolition, or other displacing activity as the state agency may prescribe,of other real property on which such person conducts a business or farmoperation, under a program or project undertaken by the state agency in anycase in which the state agency determines that such displacement ispermanent; and
3. Any person who moves or discontinues his business or moves other personalproperty, or moves from his dwelling, as the direct result of (i) federallyassisted activities for the enforcement of a building code or other similarcode or (ii) a program of rehabilitation or demolition of buildings conductedpursuant to a federally assisted governmental program.
The term "displaced person" does not include (i) a person who has beendetermined, according to criteria established by the state agency, to beeither in unlawful occupancy of the displacement dwelling or to have occupiedsuch dwelling for the purpose of obtaining assistance under this chapter; or(ii) in any case where the state agency acquires property for a program orproject, any person, other than a person who was an occupant of the propertyat the time it was acquired, who occupies such property on a rental basis fora short term or a period subject to termination when the property is neededfor the program or project.
"Dwelling" means the place of permanent or customary and usual residence ofa person, according to local custom or law, including a single-family house,a single family unit in a two-family, multi-family, or multi-purposeproperty; a unit of a condominium or cooperative housing project; anonhousekeeping unit; a mobile home; or any other residential unit.
"Farm operation" means any activity conducted solely or primarily for theproduction of one or more agricultural products or commodities, includingtimber, for sale or home use, and customarily producing such products orcommodities in sufficient quantity to be capable of contributing materiallyto the operator's support.
"Mortgage" means such classes of liens as are commonly given to secureadvances on, or the unpaid purchase price of, real property, together withthe credit instruments, if any, secured thereby.
"Nonprofit organization" means an organization that is exempt from payingfederal income taxes under § 501 of the Internal Revenue Code (26 U.S.C. §501).
"Person" means any (i) individual or (ii) partnership, corporation, limitedliability company, association, or other business entity.
"State agency" means any (i) department, agency or instrumentality of theCommonwealth; (ii) public authority, municipal corporation, localgovernmental unit or political subdivision of the Commonwealth or anydepartment, agency or instrumentality thereof; (iii) person who has theauthority to acquire property by eminent domain under state law; or (iv) anytwo or more of the aforementioned, which carries out projects that causepersons to be displaced.
"Uneconomic remnant" means a parcel of real property in which the owner isleft with an interest after the partial acquisition of the owner's propertyand which the state agency has determined has little or no value or utilityto the owner.
(Code 1950, §§ 33-75.02, 33.1-132.2; 1970, c. 40, § 25-238; 1972, c. 738;1989, c. 714; 2000, c. 851; 2002, c. 878; 2003, c. 940.)
As used in this chapter, unless the context requires a different meaning:
"Appraisal" means a written statement independently and impartiallyprepared by a qualified appraiser setting forth an opinion of defined valueof an adequately described property as of a specific date, supported by thepresentation and analysis of relevant market information.
"Business" means any lawful activity, except a farm operation, conductedprimarily:
1. For the purchase, sale, lease and rental of personal and of real property,and for the manufacture, processing, or marketing of products, commodities,or any other personal property;
2. For the sale of services to the public;
3. By a nonprofit organization; or
4. Solely for the purposes of § 25.1-406, for assisting in the purchase,sale, resale, manufacture, processing, or marketing of products, commodities,personal property, or services by the erection and maintenance of an outdooradvertising display or displays, whether or not such display or displays arelocated on the premises on which any of the above activities are conducted.
"Comparable replacement dwelling" means any dwelling that is (i) decent,safe and sanitary; (ii) adequate in size to accommodate the occupants; (iii)within the financial means of the displaced person; (iv) functionallyequivalent; (v) in an area not subject to unreasonable adverse environmentalconditions; and (vi) in a location generally not less desirable than thelocation of the displaced person's dwelling with respect to public utilities,facilities, services and the displaced person's place of employment.
"Decent, safe, and sanitary dwelling" means a dwelling that:
1. Is structurally sound, weather tight and in good repair;
2. Has a safe electrical wiring system adequate for lighting and appliances;
3. Contains a heating system capable of maintaining a healthful temperature;
4. Is adequate in size with respect to the number of rooms and area of livingspace needed to accommodate the displaced household;
5. Has a separate, well-lighted and ventilated bathroom that provides privacyto the user and contains sink, toilet, and bathing facilities (shower orbath, or both), all operational and connected to a functional water and sewerdisposal system;
6. Provides unobstructed egress to safe open space at ground level. If theunit is above the first floor and served by a common corridor, there must betwo means of egress; and
7. Is free of barriers to egress, ingress and use by a displaced person whois handicapped.
"Displaced person" means:
1. Any person who moves from real property, or moves his personal propertyfrom real property (i) as a direct result of a written notice of intent toacquire or the acquisition of such real property, in whole or in part, forany program or project undertaken by a state agency or (ii) on which suchperson is a residential tenant or conducts a small business, a farm operationor a business described in clause 4 of the definition of "business" in thissection as a direct result of rehabilitation, demolition, or other displacingactivity as the state agency may prescribe, under a program or projectundertaken by the state agency in any case in which the state agencydetermines that such displacement is permanent;
2. Solely for the purposes of §§ 25.1-406, 25.1-407, and 25.1-411, any personwho moves from real property, or moves his personal property from realproperty: (i) as a direct result of a written notice of intent to acquire orthe acquisition of other real property, in whole or in part, on which suchperson conducts a business or farm operation, for a program or projectundertaken by a state agency or (ii) as a direct result of rehabilitation,demolition, or other displacing activity as the state agency may prescribe,of other real property on which such person conducts a business or farmoperation, under a program or project undertaken by the state agency in anycase in which the state agency determines that such displacement ispermanent; and
3. Any person who moves or discontinues his business or moves other personalproperty, or moves from his dwelling, as the direct result of (i) federallyassisted activities for the enforcement of a building code or other similarcode or (ii) a program of rehabilitation or demolition of buildings conductedpursuant to a federally assisted governmental program.
The term "displaced person" does not include (i) a person who has beendetermined, according to criteria established by the state agency, to beeither in unlawful occupancy of the displacement dwelling or to have occupiedsuch dwelling for the purpose of obtaining assistance under this chapter; or(ii) in any case where the state agency acquires property for a program orproject, any person, other than a person who was an occupant of the propertyat the time it was acquired, who occupies such property on a rental basis fora short term or a period subject to termination when the property is neededfor the program or project.
"Dwelling" means the place of permanent or customary and usual residence ofa person, according to local custom or law, including a single-family house,a single family unit in a two-family, multi-family, or multi-purposeproperty; a unit of a condominium or cooperative housing project; anonhousekeeping unit; a mobile home; or any other residential unit.
"Farm operation" means any activity conducted solely or primarily for theproduction of one or more agricultural products or commodities, includingtimber, for sale or home use, and customarily producing such products orcommodities in sufficient quantity to be capable of contributing materiallyto the operator's support.
"Mortgage" means such classes of liens as are commonly given to secureadvances on, or the unpaid purchase price of, real property, together withthe credit instruments, if any, secured thereby.
"Nonprofit organization" means an organization that is exempt from payingfederal income taxes under § 501 of the Internal Revenue Code (26 U.S.C. §501).
"Person" means any (i) individual or (ii) partnership, corporation, limitedliability company, association, or other business entity.
"State agency" means any (i) department, agency or instrumentality of theCommonwealth; (ii) public authority, municipal corporation, localgovernmental unit or political subdivision of the Commonwealth or anydepartment, agency or instrumentality thereof; (iii) person who has theauthority to acquire property by eminent domain under state law; or (iv) anytwo or more of the aforementioned, which carries out projects that causepersons to be displaced.
"Uneconomic remnant" means a parcel of real property in which the owner isleft with an interest after the partial acquisition of the owner's propertyand which the state agency has determined has little or no value or utilityto the owner.
(Code 1950, §§ 33-75.02, 33.1-132.2; 1970, c. 40, § 25-238; 1972, c. 738;1989, c. 714; 2000, c. 851; 2002, c. 878; 2003, c. 940.)
