Condemnation is the court process Virginia uses when a condemnor and an owner cannot agree. It exists so the amount is not decided by the party paying it.
If the effort to purchase does not produce agreement, the condemnor may file a condemnation petition. That filing moves the question of compensation out of negotiation and into court.
Title 25.1 Chapter 2 governs the procedure, including the petition, the answer and grounds of defense, the pretrial settlement conference, and the use of commissioners or jurors to determine just compensation.
What the condemnor files and what it must establish.
ExploreAnswer and grounds of defenseThe owner response, with its own requirements under Title 25.1.
ExplorePretrial settlement conferenceA stage Virginia builds in before trial.
ExploreCommissioners or juryWho decides the amount, and on what evidence.
ExploreQuick takeCertificate of take and certificate of deposit under Chapter 3.
ExplorePublic use challengesWhere the taking itself is contested.
ExploreBoth sides may present appraisal evidence.
Land taken, damages to the residue, lost access and lost profits.
Virginia procedure provides for both routes.
The determination sets compensation.
A party may file exceptions to the award within the period the statute allows.
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