Virginia Code

Va. Code Ann. § 25.1-213 (2026)

Filing an answer and grounds of defense; election of commissioners or jury

✓ current as of May 2026
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Within 21 days of the service thereof any such owner who desires to assert any objection or defense to the taking or damaging of his property or to the jurisdiction of the court to hear the case, and to make his election to proceed with either the appointment of commissioners or the empanelment of a jury, shall file (i) his answer and grounds of defense designating the property in which he claims to be interested, (ii) the grounds of any objection or defense to the taking or damaging of his property or to the jurisdiction of the court to hear the case, and (iii) his election to proceed with either the appointment of commissioners or the empanelment of a jury for the determination of just compensation.

Code 1919, § 4365; Code 1950, § 25-10; 1962, c. 426, § 25-46.9; 1975, c. 189; 1991, c. 520; 2000, c. 1029; 2003, c. 940; 2006, c. 586; 2010, c. 835.

Notes of Decisions
Cited in 4 cases, 2012–2018 · leading case: Comm'r of Highways v. Sadler, 93 Va. Cir. 74 (Dinwiddie Cir. Ct. 2016).
Comm'r of Highways v. Sadler, 93 Va. Cir. 74 (Dinwiddie Cir. Ct. 2016). · cites it 18× “See also Va. Code §§ 25.1-213 and 25.1-214. The respondent urges this Court to disregard this long standing precedent on eminent domain by adopting his reading of Article I, § 11, of the Constitution of Virginia in isolation and find that the amendment requires that a trial…”
Va. Elec. & Power Co. v. Hylton, 787 S.E.2d 106 (Va. 2016). · cites it 14× “Code § 25.1-213 states, Within 21 days of the service [of the petition for condemnation] any such owner who desires to assert any objection or defense to the taking or damaging of his property or to the jurisdiction of the court to hear the case , and to make his election to…”
Comm'r of Highways v. Karverly, Inc., 813 S.E.2d 322 (Va. 2018). · cites it 2× “See Code § 25.1-213 ; J.A. at 41. It is not immediately apparent from the record why the jury reduced Gruelle's estimation for damages from $193,270 to $167,866-a $25,404 difference.”
3232 Page Ave. Condo. Ass'n v. City of Virginia Beach (Va. 2012). · cites it 2× “Code § 25.1-213. The failure of an owner to do so does not "preclude the owner from .”
Va. Code Ann. § 25.1-213(ii): 1 case
Va. Elec. & Power Co. v. Hylton, 787 S.E.2d 106 (Va. 2016). “Code § 25.1-213 states, Within 21 days of the service [of the petition for condemnation] any such owner who desires to assert any objection or defense to the taking or damaging of his property or to the jurisdiction of the court to hear the case , and to make his election to…”
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