§ 33.1-132. Remedy of landowners under certain conditions.
Whenever the Commissioner enters upon and takes possession of property underthe provisions of §§ 33.1-119 through 33.1-121 and has not institutedcondemnation proceedings within 180 days after the recordation of acertificate as required by § 33.1-127, whether the construction of thehighway project has been completed or not, the property owner may, if noagreement has been made with the Commissioner as to compensation and damage,if any, petition the circuit court of the county or the court of the city inwhich such cases are tried, and in which the greater portion of the propertylies for the appointment of commissioners or a jury to determine justcompensation for the property taken and damages done, if any. A copy of suchpetition shall be served upon the Commissioner at least 10 days before it ispresented to the court, and the Commissioner shall file an answer theretowithin five days after the petition is so presented. If it be found by thecourt that a reasonable time has elapsed for the completion of theconstruction of the highway project or that 60 days have elapsed since thecompletion of the construction of the highway project or that more than 180days have elapsed since the Commissioner entered upon and took possession ofthe property, without condemnation proceedings being instituted and withoutan agreement having been made between the property owner and the Commissioneras to compensation and damages, if any, commissioners or a jury shall beappointed to ascertain the amount of compensation to be paid for the propertytaken and damages done, if any. The proceedings shall thereafter be governedby the procedure prescribed by Chapter 2 (§ 25.1-200 et seq.) of Title 25.1insofar as the same may be applicable.
(Code 1950, § 33-75; 1970, c. 322; 1971, Ex. Sess., c. 141; 1972, c. 765;1991, c. 520; 2003, cc. 317, 940; 2004, c. 804.)
§ 33.1-132. Remedy of landowners under certain conditions.
Whenever the Commissioner enters upon and takes possession of property underthe provisions of §§ 33.1-119 through 33.1-121 and has not institutedcondemnation proceedings within 180 days after the recordation of acertificate as required by § 33.1-127, whether the construction of thehighway project has been completed or not, the property owner may, if noagreement has been made with the Commissioner as to compensation and damage,if any, petition the circuit court of the county or the court of the city inwhich such cases are tried, and in which the greater portion of the propertylies for the appointment of commissioners or a jury to determine justcompensation for the property taken and damages done, if any. A copy of suchpetition shall be served upon the Commissioner at least 10 days before it ispresented to the court, and the Commissioner shall file an answer theretowithin five days after the petition is so presented. If it be found by thecourt that a reasonable time has elapsed for the completion of theconstruction of the highway project or that 60 days have elapsed since thecompletion of the construction of the highway project or that more than 180days have elapsed since the Commissioner entered upon and took possession ofthe property, without condemnation proceedings being instituted and withoutan agreement having been made between the property owner and the Commissioneras to compensation and damages, if any, commissioners or a jury shall beappointed to ascertain the amount of compensation to be paid for the propertytaken and damages done, if any. The proceedings shall thereafter be governedby the procedure prescribed by Chapter 2 (§ 25.1-200 et seq.) of Title 25.1insofar as the same may be applicable.
(Code 1950, § 33-75; 1970, c. 322; 1971, Ex. Sess., c. 141; 1972, c. 765;1991, c. 520; 2003, cc. 317, 940; 2004, c. 804.)
§ 33.1-132. Remedy of landowners under certain conditions.
Whenever the Commissioner enters upon and takes possession of property underthe provisions of §§ 33.1-119 through 33.1-121 and has not institutedcondemnation proceedings within 180 days after the recordation of acertificate as required by § 33.1-127, whether the construction of thehighway project has been completed or not, the property owner may, if noagreement has been made with the Commissioner as to compensation and damage,if any, petition the circuit court of the county or the court of the city inwhich such cases are tried, and in which the greater portion of the propertylies for the appointment of commissioners or a jury to determine justcompensation for the property taken and damages done, if any. A copy of suchpetition shall be served upon the Commissioner at least 10 days before it ispresented to the court, and the Commissioner shall file an answer theretowithin five days after the petition is so presented. If it be found by thecourt that a reasonable time has elapsed for the completion of theconstruction of the highway project or that 60 days have elapsed since thecompletion of the construction of the highway project or that more than 180days have elapsed since the Commissioner entered upon and took possession ofthe property, without condemnation proceedings being instituted and withoutan agreement having been made between the property owner and the Commissioneras to compensation and damages, if any, commissioners or a jury shall beappointed to ascertain the amount of compensation to be paid for the propertytaken and damages done, if any. The proceedings shall thereafter be governedby the procedure prescribed by Chapter 2 (§ 25.1-200 et seq.) of Title 25.1insofar as the same may be applicable.
(Code 1950, § 33-75; 1970, c. 322; 1971, Ex. Sess., c. 141; 1972, c. 765;1991, c. 520; 2003, cc. 317, 940; 2004, c. 804.)
