A. Condemnation proceedings may be instituted when:
1. the locality and owner cannot agree on the compensation to be paid or other terms of purchase or settlement;
2. the owner is legally incapacitated;
3. either the owner or his whereabouts is unknown; or
4. the owner is unable to convey valid title to the property.
B. Prior to initiating condemnation proceedings, the governing body shall, after a public hearing, adopt a resolution or ordinance approving the proposed public use and directing the acquisition of property for the public use by condemnation or other means. The resolution or ordinance shall state the use to which the property shall be put and the necessity therefor. Furthermore, other political subdivisions of the Commonwealth shall also be required to hold a public hearing prior to initiating condemnation proceedings.
C. When a petition for condemnation is filed by or on behalf of the locality, a true copy of the resolution or ordinance duly adopted by the governing body declaring the intended public use of the property, and the necessity therefor, may be filed with the petition, and when so filed constitutes sufficient evidence of such public use and necessity.
D. The fact that no petition has been filed by a locality to condemn any interest conveyed by deed shall not by itself render such conveyance free from the threat of condemnation, nor shall such fact constitute sufficient proof of voluntary conveyance for the purposes of any taxing authority.
1997, c. 587; 2006, c. 927.
Notes of Decisions
HOFFMAN Fam. v. City of Alexandria, 634 S.E.2d 722 (Va. 2006).
· cites it 4× “When a local government seeks to acquire land for such public uses by employing its power of eminent domain, the locality must comply, among other things, with the provisions of Code § 15.2-1903(B), which require the adoption of a resolution or ordinance approving the proposed…”
Ottofaro v. City of Hampton, 574 S.E.2d 235 (Va. 2003).
· cites it 8× “7 requires a petition for condemnation “to include ‘a description of the *33 work or improvements to be made’ ” and that Code § 15.2-1903 “requires that any enabling resolution describe ‘the use to which the property will be put.”
Lynnhaven Dunes Condo. Ass'n v. City of Virginia Beach, 733 S.E.2d 911 (Va. 2012).
· cites it 10× “Lynnhaven relies heavily on Code § 15.2-1903(B) 1, which requires the City to adopt a resolution or pass an ordinance directing acquisition of the property prior to the initiation of condemnation proceedings.”
Va. Code Ann. § 15.2-1903(13): 1 case
Ottofaro v. City of Hampton, 574 S.E.2d 235 (Va. 2003).
“7 requires a petition for condemnation “to include ‘a description of the *33 work or improvements to be made’ ” and that Code § 15.2-1903 “requires that any enabling resolution describe ‘the use to which the property will be put.”
Va. Code Ann. § 15.2-1903(B): 3 cases
HOFFMAN Fam. v. City of Alexandria, 634 S.E.2d 722 (Va. 2006).
“When a local government seeks to acquire land for such public uses by employing its power of eminent domain, the locality must comply, among other things, with the provisions of Code § 15.2-1903(B), which require the adoption of a resolution or ordinance approving the proposed…”
Ottofaro v. City of Hampton, 574 S.E.2d 235 (Va. 2003).
“7 requires a petition for condemnation “to include ‘a description of the *33 work or improvements to be made’ ” and that Code § 15.2-1903 “requires that any enabling resolution describe ‘the use to which the property will be put.”
Lynnhaven Dunes Condo. Ass'n v. City of Virginia Beach, 733 S.E.2d 911 (Va. 2012).
“Lynnhaven relies heavily on Code § 15.2-1903(B) 1, which requires the City to adopt a resolution or pass an ordinance directing acquisition of the property prior to the initiation of condemnation proceedings.”
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