A. If a state agency acquires real property in connection with any programs or projects, such acquisition shall be conducted, to the greatest extent practicable, in accordance with the following provisions:
1. The state agency shall make every reasonable effort to acquire expeditiously real property by negotiation.
2. Real property shall be appraised before the initiation of negotiations, and the owner or his designated representative shall be given an opportunity to accompany the appraiser during his inspection of the property; however, the requirements of this subdivision shall not apply if the state agency's official who is responsible for the acquisition determines that the value of the property being acquired is less than $25,000, based on assessment records or other objective evidence. Whenever the value of the property being acquired is determined to be between $10,000 and $25,000, the state agency, at the time an offer is made initiating negotiations, shall disclose to the owner or his designated representative that the offer has been established based on assessment records or other objective evidence and not an appraisal and that he may request that an appraisal be prepared and used as the basis for establishing just compensation pursuant to this section.
3. Before making an offer to acquire or initiating any related negotiations for real property, the state agency shall establish an amount which it believes to be just compensation therefor and shall make a prompt offer to acquire the property for the full amount so established. In no event shall such amount be less than the state agency's approved appraisal of the fair market value of such property, if such an appraisal is required, or the current assessed value of such property for real estate tax purposes, unless the property has physically changed in a material and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property, when the entire parcel for which the assessment is made is to be acquired, whichever is greater. Any decrease or increase in the fair market value of real property prior to the date of valuation caused by the public improvement for which such property is acquired, or by the likelihood that the property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner, shall be disregarded in determining the compensation for the property. The state agency concerned shall provide the owner of real property to be acquired with a written statement of, and summary of the basis for, the amount it established as just compensation and, if an appraisal is required or obtained, such written statement and summary shall include a complete copy of all appraisals of the real property to be acquired that the state agency obtained prior to making an offer to acquire or initiating any related negotiations for the real property. Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated.
4. No owner shall be required to surrender possession of real property before the state agency pays the agreed purchase price, or deposits with the state court in accordance with applicable law, for the benefit of the owner, (i) an amount not less than the state agency's approved appraisal of the fair market value of such property, if such an appraisal is required, or the current assessed value of such property for real estate tax purposes, unless the property has physically changed in a material and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property, when the entire parcel for which the assessment is made is to be acquired, whichever is greater, or (ii) the amount of the award of compensation in the condemnation proceeding for such property.
5. The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling, assuming a replacement dwelling will be available, or to move his business or farm operation, without at least 90-days' written notice from the state agency, of the date by which such move is required.
6. If the state agency permits an owner or tenant to occupy the real property acquired on a rental basis for a short term for a period subject to termination by the state agency on a short notice, the amount of rent required shall not exceed the fair rental value of the property to a short-term occupier.
7. In no event shall the state agency either advance the time of condemnation, or defer negotiations or condemnation and the deposit of funds in court for the use of the owner, or take any other action coercive in nature, in order to compel an agreement on the price to be paid for the property.
8. If any interest in real property is to be acquired by exercise of the power of eminent domain, the state agency shall institute formal condemnation proceedings. No state agency shall intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his real property.
9. If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the state agency concerned shall offer to acquire the entire property.
10. A person whose real property is being acquired in accordance with this article may, after the person has been fully informed of his right to receive just compensation for such property, donate such property, and part thereof, any interest therein, or any compensation paid therefor to a state agency, as such person shall determine.
B. The provisions of this section create no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation.
C. Nothing in this section shall make evidence of tax assessments admissible as proof of value in an eminent domain proceeding.
1972, c. 738, §§ 25-235.1, 25-248; 2000, cc. 851, 1029; 2001, c. 260; 2003, c. 940; 2011, cc. 117, 190, 335; 2013, c. 764.
Notes of Decisions
Commonwealth Transp. Com'r v. Target Corp., 650 S.E.2d 92 (Va. 2007).
· cites it 8× “Relying upon this Code section, Target filed a pretrial motion in limine asserting that Code § 25.1-417, "specifically makes it clear that a property owner cannot get enhancement as a result of the project, nor can a property owner be penalized [because of] a decrease in the…”
HOFFMAN Fam. v. City of Alexandria, 634 S.E.2d 722 (Va. 2006).
· cites it 2× “In accordance with Code § 25.1-417, the City attempted to purchase the affected property from Hoffman but was unable to reach agreement on a price.”
Norfolk Redevelopment & Hous. Auth. v. Cent. Radio, Inc., 82 Va. Cir. 240 (Norfolk Cir. Ct. 2011).
· cites it 5× “1-204(B), and shall include a copy of the appraisal of the property, if the appraisal was obtained under the provisions of § 25.1-417. Id. § 25.1-204(C). Furthermore, before initiating negotiations regarding purchase of the property: the [condemnor] shall establish an amount…”
Commonwealth Transp. Comm'r v. Holly Tree Props., Inc., 71 Va. Cir. 353 (Fairfax Cir. Ct. 2006).
“1 If the condemnor obtains an appraisal of the property pursuant to the provisions of § 25.1-417, such written statement shall include a copy of the appraisal of the property upon which such an offer is based.”
City of Chesapeake v. Clear Sky Car Wash, L.L.C., 89 Va. Cir. 27 (Chesapeake Cir. Ct. 2014).
· cites it 6× “1 of the Code of Virginia (Va. Code § 25.1-417 et seq.) entitled “Real Property Acquisition Policies,” and provides for requirements to ensure that the condemnor proceeds to acquire a land owner’s property in a manner that will minimize costs and frustration to the property…”
Ramsey v. Comm'r of Highways, 289 Va. 490 (Va. 2015).
· cites it 5× “In the present case, the Savage appraisal was prepared “before the initiation of negotiations” as required by the plain 2 Code § 25.1-417 closely resembles 42 U.S.”
Kalergis v. Virginia Comm'r of Highways, 805 S.E.2d 395 (Va. 2017).
· cites it 2× “Code § 25.1-417(A)(3) ("[T]he state agency shall establish an amount which it believes to be just compensation.”
Fernandez v. Comm'r of Highways (ORDER), 842 S.E.2d 200 (Va. 2020).
· cites it 2× “Fernandez contends that because only Code § 25.1-417(B) of the VRAA specifically denies the creation of any private right of action, the General Assembly intended for the other provisions of the VRAA to include an implied private right of action.”
Norfolk Redevelopment & Hous. Auth. v. Norva Props., L.C., 84 Va. Cir. 45 (Norfolk Cir. Ct. 2011).
· cites it 3× “1; NRHA did not make a bona fide offer to Norva Properties as required by § 25.1-417(A)(3); NRHA is improperly acting as a paid agent for Old Dominion University and the Old Dominion University Real Estate Foundation; and NRHA’s Redevelopment Project was created in violation of…”
Campbell Cnty. Bd. of Supervisors v. Royal, 75 Va. Cir. 460 (Campbell Cir. Ct. 2007).
· cites it 2× “Section 25.1-417(A)(2) requires a county to appraise the property before the initiation of negotiations, and the owner must be given the opportunity to accompany the appraiser during the inspection of the property.”
Comm'r of Highways v. West Dulles Props., L.L.C., 86 Va. Cir. 284 (Fairfax Cir. Ct. 2013).
· cites it 2× “Virginia Code § 25.1-417(A)(9) similarly states that, “if the acquisition of only part of a property would leave its owner with an uneconomic remnant, the state agency concerned shall offer to acquire the entire property.”
Va. Code Ann. § 25.1-417(2): 1 case
Ramsey v. Comm'r of Highways, 289 Va. 490 (Va. 2015).
“In the present case, the Savage appraisal was prepared “before the initiation of negotiations” as required by the plain 2 Code § 25.1-417 closely resembles 42 U.S.”
Va. Code Ann. § 25.1-417(A)(2): 2 cases
Campbell Cnty. Bd. of Supervisors v. Royal, 75 Va. Cir. 460 (Campbell Cir. Ct. 2007).
“Section 25.1-417(A)(2) requires a county to appraise the property before the initiation of negotiations, and the owner must be given the opportunity to accompany the appraiser during the inspection of the property.”
Ramsey v. Comm'r of Highways, 289 Va. 490 (Va. 2015).
“In the present case, the Savage appraisal was prepared “before the initiation of negotiations” as required by the plain 2 Code § 25.1-417 closely resembles 42 U.S.”
Va. Code Ann. § 25.1-417(A)(3): 5 cases
Commonwealth Transp. Com'r v. Target Corp., 650 S.E.2d 92 (Va. 2007).
“Relying upon this Code section, Target filed a pretrial motion in limine asserting that Code § 25.1-417, "specifically makes it clear that a property owner cannot get enhancement as a result of the project, nor can a property owner be penalized [because of] a decrease in the…”
Norfolk Redevelopment & Hous. Auth. v. Cent. Radio, Inc., 82 Va. Cir. 240 (Norfolk Cir. Ct. 2011).
“1-204(B), and shall include a copy of the appraisal of the property, if the appraisal was obtained under the provisions of § 25.1-417. Id. § 25.1-204(C). Furthermore, before initiating negotiations regarding purchase of the property: the [condemnor] shall establish an amount…”
Norfolk Redevelopment & Hous. Auth. v. Norva Props., L.C., 84 Va. Cir. 45 (Norfolk Cir. Ct. 2011).
“1; NRHA did not make a bona fide offer to Norva Properties as required by § 25.1-417(A)(3); NRHA is improperly acting as a paid agent for Old Dominion University and the Old Dominion University Real Estate Foundation; and NRHA’s Redevelopment Project was created in violation of…”
Va. Code Ann. § 25.1-417(A)(9): 1 case
Comm'r of Highways v. West Dulles Props., L.L.C., 86 Va. Cir. 284 (Fairfax Cir. Ct. 2013).
“Virginia Code § 25.1-417(A)(9) similarly states that, “if the acquisition of only part of a property would leave its owner with an uneconomic remnant, the state agency concerned shall offer to acquire the entire property.”
Va. Code Ann. § 25.1-417(B): 2 cases
Fernandez v. Comm'r of Highways (ORDER), 842 S.E.2d 200 (Va. 2020).
“Fernandez contends that because only Code § 25.1-417(B) of the VRAA specifically denies the creation of any private right of action, the General Assembly intended for the other provisions of the VRAA to include an implied private right of action.”
City of Chesapeake v. Clear Sky Car Wash, L.L.C., 89 Va. Cir. 27 (Chesapeake Cir. Ct. 2014).
“1 of the Code of Virginia (Va. Code § 25.1-417 et seq.) entitled “Real Property Acquisition Policies,” and provides for requirements to ensure that the condemnor proceeds to acquire a land owner’s property in a manner that will minimize costs and frustration to the property…”
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