HOUSE BILL NO. 3115 Offered January 18, 2007 A BILL to amend and reenact §§ 25.1-230 and 25.1-231 of the Code of Virginia, relating to eminent domain; compensation for damage to viewshed. ---------- Patron-- May ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1.  That §§ 25.1-230 and 25.1-231 of the Code of Virginia are amended and reenacted as follows:

§ 25.1-230. Measure of just compensation; oaths of members of body determining just compensation.

A. The body determining just compensation shall in each case ascertain the amount of just compensation to which a party is entitled as follows:

1. If the condemnation proceeding is brought utilizing the procedure set forth in Chapter 3 (§ 25.1-300 et seq.) of this title or §§ 33.1-119 through 33.1-132, the body determining just compensation shall ascertain the value of the property to be taken and the damages, if any, which may accrue to the residue beyond the enhancement in value, if any, to such residue by reason of such taking and use by the petitioner, however, (i) such enhancement in value shall not be offset against the value of the property taken, and (ii) if such enhancement in value shall exceed the damage, there shall be no recovery against the landowner for such excess; and

2. In any other condemnation proceeding, the body determining just compensation shall ascertain the value of the property to be taken and. Upon motion of the owner of the property to be taken, or in its own discretion, the body determining just compensation shall consider damage to the viewshed within a 2,000-foot radius of the property taken. The body determining compensation shall also ascertain the damages, if any, to any other property beyond the peculiar benefits, if any, to such other property, by reason of such taking and use by the petitioner. Upon motion of the owners of such other properties, or in its own discretion, the body determining just compensation shall consider damage by reason of such taking and use by the petitioner to the viewshed of the other properties in a radius of up to 2,000 feet from the property to be taken. Factors to be considered in deciding an amount of compensation for loss of or damage to viewshed shall include fair market value of the property before and after the taking and use by the petitioner.

B. Before executing their duties, each member of the body determining just compensation shall take an oath before an officer authorized by the laws of this Commonwealth to administer an oath that he will faithfully and impartially ascertain the amount of just compensation to which a party is entitled.

§ 25.1-231. View of property.

The court shall direct the body determining just compensation, in the custody of the sheriff or sergeant or one of his deputies, to view the property described in the petition with the owner and the petitioner, or any representative of either party, and none other, unless otherwise directed by the court and, upon request, to view the properties within a 2,000-foot radius of the property described in the petition. Upon motion of either party, the judge shall accompany the body determining just compensation upon such view. Such view shall not be considered by the body determining just compensation as the sole evidence in the case.In determining just compensation for the taking or for damages to any surrounding properties by reason of such taking and use, the body determining just compensation shall consider damage to the viewshed. A separate award from the taking may be awarded to the owners of other property within a 2,000-foot radius of the property described in the petition when the views of such other properties have been blighted, obscured, or damaged.