A. An authority shall have the right to acquire by the exercise of the powerof eminent domain any real property pursuant to a duly adopted redevelopmentor conservation plan, or otherwise only in accordance with this chapter,after the adoption by it of a resolution declaring that the acquisition ofthe real property described therein is necessary for such public purposes. Anauthority may exercise the power of eminent domain in the manner provided inChapter 2 (§ 25.1-200 et seq.) of Title 25.1. In condemnation proceedingsevidence may be presented as to the value of the property including but notlimited to the owner's appraisal and the effect that any pending applicationfor a zoning change, special use permit application or variance applicationmay have on the value of the property. The court may also determine whetherthere has been unreasonable delay in the institution of the proceedings afterpublic announcement by the condemnor of a project that necessitatesacquisition by the condemnor of a designated land area consisting of orincluding the land sought to be condemned. If the court determines that suchunreasonable delay has occurred, it shall instruct the commissioners orjurors in such proceedings to allow any damages proved to their satisfactionby the landowner or landowners to have been sustained to his or their landduring and because of such delay, in addition to and separately from the fairmarket value thereof, but such damages shall not exceed the actual diminutionif any in fair market value of the land in substantially the same physicalcondition over the period of the delay.
B. Prior to the adoption of any redevelopment plan for a redevelopment areapursuant to § 36-49 or any conservation plan for a conservation area pursuantto § 36-49.1, an authority shall send by certified mail, postage prepaid, tothe record owner or owners of every parcel of property to be acquiredpursuant to such plan, at their last known address as contained in therecords of the treasurer, the current real estate tax assessment records, orthe records of such other officer responsible for collecting taxes in thatlocality, a notice advising such owner that (i) the property owned by suchowner is proposed to be acquired, (ii) such owner will have the right toappear before the local governing body and present testimony with respect tothe proposed redevelopment or conservation area, and (iii) such owner willhave the right to appear in any condemnation proceeding instituted to acquirethe property and present any defense which such owner may have to the taking.Such notice shall not be the basis for eligibility for relocation benefits.At the time it makes its price offer, the authority shall also provide to theproperty owner a copy of the appraisal of the fair market value of suchproperty upon which the authority has based the amount offered for theproperty, which appraisal shall be prepared by a real estate appraiserlicensed in accordance with Chapter 20.1 (§ 54.1-2009 et seq.) of Title 54.1.
C. In all such cases the proceedings shall be according to the provisions ofChapter 2 (§ 25.1-200 et seq.) of Title 25.1, so far as they can be appliedto the same. No real property belonging to the city, the county, theCommonwealth or any other political subdivision thereof may be acquiredwithout its consent.
(1938, p. 453; Michie Code 1942, § 3145(12); 1958, c. 518; 1972, cc. 466,782; 1989, c. 593; 1998, c. 880; 2000, c. 1029; 2001, c. 729; 2002, c. 272;2003, c. 940; 2006, cc. 586, 784.)
A. An authority shall have the right to acquire by the exercise of the powerof eminent domain any real property pursuant to a duly adopted redevelopmentor conservation plan, or otherwise only in accordance with this chapter,after the adoption by it of a resolution declaring that the acquisition ofthe real property described therein is necessary for such public purposes. Anauthority may exercise the power of eminent domain in the manner provided inChapter 2 (§ 25.1-200 et seq.) of Title 25.1. In condemnation proceedingsevidence may be presented as to the value of the property including but notlimited to the owner's appraisal and the effect that any pending applicationfor a zoning change, special use permit application or variance applicationmay have on the value of the property. The court may also determine whetherthere has been unreasonable delay in the institution of the proceedings afterpublic announcement by the condemnor of a project that necessitatesacquisition by the condemnor of a designated land area consisting of orincluding the land sought to be condemned. If the court determines that suchunreasonable delay has occurred, it shall instruct the commissioners orjurors in such proceedings to allow any damages proved to their satisfactionby the landowner or landowners to have been sustained to his or their landduring and because of such delay, in addition to and separately from the fairmarket value thereof, but such damages shall not exceed the actual diminutionif any in fair market value of the land in substantially the same physicalcondition over the period of the delay.
B. Prior to the adoption of any redevelopment plan for a redevelopment areapursuant to § 36-49 or any conservation plan for a conservation area pursuantto § 36-49.1, an authority shall send by certified mail, postage prepaid, tothe record owner or owners of every parcel of property to be acquiredpursuant to such plan, at their last known address as contained in therecords of the treasurer, the current real estate tax assessment records, orthe records of such other officer responsible for collecting taxes in thatlocality, a notice advising such owner that (i) the property owned by suchowner is proposed to be acquired, (ii) such owner will have the right toappear before the local governing body and present testimony with respect tothe proposed redevelopment or conservation area, and (iii) such owner willhave the right to appear in any condemnation proceeding instituted to acquirethe property and present any defense which such owner may have to the taking.Such notice shall not be the basis for eligibility for relocation benefits.At the time it makes its price offer, the authority shall also provide to theproperty owner a copy of the appraisal of the fair market value of suchproperty upon which the authority has based the amount offered for theproperty, which appraisal shall be prepared by a real estate appraiserlicensed in accordance with Chapter 20.1 (§ 54.1-2009 et seq.) of Title 54.1.
C. In all such cases the proceedings shall be according to the provisions ofChapter 2 (§ 25.1-200 et seq.) of Title 25.1, so far as they can be appliedto the same. No real property belonging to the city, the county, theCommonwealth or any other political subdivision thereof may be acquiredwithout its consent.
(1938, p. 453; Michie Code 1942, § 3145(12); 1958, c. 518; 1972, cc. 466,782; 1989, c. 593; 1998, c. 880; 2000, c. 1029; 2001, c. 729; 2002, c. 272;2003, c. 940; 2006, cc. 586, 784.)
A. An authority shall have the right to acquire by the exercise of the powerof eminent domain any real property pursuant to a duly adopted redevelopmentor conservation plan, or otherwise only in accordance with this chapter,after the adoption by it of a resolution declaring that the acquisition ofthe real property described therein is necessary for such public purposes. Anauthority may exercise the power of eminent domain in the manner provided inChapter 2 (§ 25.1-200 et seq.) of Title 25.1. In condemnation proceedingsevidence may be presented as to the value of the property including but notlimited to the owner's appraisal and the effect that any pending applicationfor a zoning change, special use permit application or variance applicationmay have on the value of the property. The court may also determine whetherthere has been unreasonable delay in the institution of the proceedings afterpublic announcement by the condemnor of a project that necessitatesacquisition by the condemnor of a designated land area consisting of orincluding the land sought to be condemned. If the court determines that suchunreasonable delay has occurred, it shall instruct the commissioners orjurors in such proceedings to allow any damages proved to their satisfactionby the landowner or landowners to have been sustained to his or their landduring and because of such delay, in addition to and separately from the fairmarket value thereof, but such damages shall not exceed the actual diminutionif any in fair market value of the land in substantially the same physicalcondition over the period of the delay.
B. Prior to the adoption of any redevelopment plan for a redevelopment areapursuant to § 36-49 or any conservation plan for a conservation area pursuantto § 36-49.1, an authority shall send by certified mail, postage prepaid, tothe record owner or owners of every parcel of property to be acquiredpursuant to such plan, at their last known address as contained in therecords of the treasurer, the current real estate tax assessment records, orthe records of such other officer responsible for collecting taxes in thatlocality, a notice advising such owner that (i) the property owned by suchowner is proposed to be acquired, (ii) such owner will have the right toappear before the local governing body and present testimony with respect tothe proposed redevelopment or conservation area, and (iii) such owner willhave the right to appear in any condemnation proceeding instituted to acquirethe property and present any defense which such owner may have to the taking.Such notice shall not be the basis for eligibility for relocation benefits.At the time it makes its price offer, the authority shall also provide to theproperty owner a copy of the appraisal of the fair market value of suchproperty upon which the authority has based the amount offered for theproperty, which appraisal shall be prepared by a real estate appraiserlicensed in accordance with Chapter 20.1 (§ 54.1-2009 et seq.) of Title 54.1.
C. In all such cases the proceedings shall be according to the provisions ofChapter 2 (§ 25.1-200 et seq.) of Title 25.1, so far as they can be appliedto the same. No real property belonging to the city, the county, theCommonwealth or any other political subdivision thereof may be acquiredwithout its consent.
(1938, p. 453; Michie Code 1942, § 3145(12); 1958, c. 518; 1972, cc. 466,782; 1989, c. 593; 1998, c. 880; 2000, c. 1029; 2001, c. 729; 2002, c. 272;2003, c. 940; 2006, cc. 586, 784.)
