Virginia Code

Va. Code Ann. § 25.1-220 (2026)

Who determines issue of just compensation

✓ current as of May 2026

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The issue of just compensation shall be determined by a commission or a jury, upon a timely election made by an owner as provided in § 25.1-213. However, by agreement of the petitioner and all the parties who are sui juris that have appeared or responded, or, if no owner upon proper notice has appeared or responded, or has filed an answer and grounds of defense that fails to elect to have the determination of just compensation made by either commissioners or a jury, then, upon motion of the petitioner, the issue of just compensation may be determined by the court.

1962, c. 426, § 25-46.19; 1984, c. 377; 1991, c. 520; 2000, c. 1029; 2003, c. 940; 2006, c. 586; 2010, c. 835.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2005–2024 · leading case: HOFFMAN Fam. v. City of Alexandria, 634 S.E.2d 722 (Va. 2006).

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HOFFMAN Fam. v. City of Alexandria, 634 S.E.2d 722 (Va. 2006). · cites it 4× “" The circuit court's duty to decide the matters in controversy other than those specified in that statute complements the provisions of Code § 25.1-220, which state that when the proper parties have appeared or responded to the petition in condemnation, the issue of just…”

Com Transp. Com'R v. Glass, 613 S.E.2d 411 (Va. 2005). · cites it 2× “On Glass' motion, the condemnation proceeding was transferred to the Circuit Court of Louisa County, where the issue of just compensation was submitted to a commission pursuant to Code § 25.1-220, et seq. Given the number of parcels involved, the trial judge severed the…”

Cascade Creek Homes, Inc. v. Cnty. of Chesterfield, Virginia (Va. Ct. App. 2024). · cites it 2× “See Code § 25.1-220. Under Code § 25.1-248: If a hearing has not begun in the trial of the issue of just compensation for the taking or damaging of property and the petitioner has not already acquired the title or a lesser interest or estate in, or taken possession of, such…”

Commonwealth Transp. Comm'r v. Glass (Va. 2005). “On 1 Glass' motion, the condemnation proceeding was transferred to the Circuit Court of Louisa County, where the issue of just compensation was submitted to a commission pursuant to Code § 25.1-220, et seq. Given the number of parcels involved, the trial judge severed the…”

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