Va. Code » Title 25.1. Eminent Domain » Chapter 4. Relocation Assistance and Real Property Acquisition Policies » Article 3. Real Property Acquisition Policies
Virginia Code

Va. Code Ann. § 25.1-420 (2026)

Reimbursement of owner for costs incurred in inverse condemnation proceeding

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If a declaratory judgment proceeding is instituted pursuant to § 8.01-187 by the owner of any right, title or interest in real property because of use of his property in any program or project undertaken by a state agency, and either (i) the court renders a judgment for the plaintiff in such proceeding and awards compensation for the damaging or taking of property or (ii) the Attorney General effects a settlement of any such proceeding in which the Commonwealth is a party, the court or Attorney General, as appropriate, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement, such sum as will, in the opinion of the court or the Attorney General, as the case may be, reimburse such plaintiff for his reasonable costs, disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of such proceeding.

1972, c. 738, § 25-251; 2003, c. 940; 2017, c. 735.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2012–2026 · leading case: Town of Iron Gate v. Jennifer Lynn Simpson, 905 S.E.2d 474 (Va. Ct. App. 2024).
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Town of Iron Gate v. Jennifer Lynn Simpson, 905 S.E.2d 474 (Va. Ct. App. 2024). · cites it 33× “74, pursuant to Code § 25.1-420. On appeal, the Town argues that the court erred by not recusing itself, not sustaining a demurrer, and not allowing evidence that Simpson failed to mitigate her damages.”
Sharon Morgan v. City of Norfolk, 924 S.E.2d 684 (Va. Ct. App. 2026). · cites it 6× “3 Code § 25.1-420 states: If a declaratory judgment proceeding is instituted pursuant to § 8.”
Wolfe v. VEPCO, No. 112113 (Va. Sept. 14, 2012). · cites it 2× “01-187, Byler requested that the court find the damage constituted an inverse condemnation under Article I, Section 11 and empanel a jury of commissioners to determine just compensation and other relief as provided for in Code § 25.1-420. Also on May 19, 2011, Roger D.”
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