Friday, September 5, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
SB1297: Condemnation action; requires owner to provide written report of appraisal.
Be it enacted by the General Assembly of Virginia:
1. That § 25.1-245 of the Code of Virginia is amended and reenacted as follows:
§ 25.1-245. Costs.
A. Except as otherwise provided in this chapter, all costs of the proceeding in the trial court that are fixed by statute shall be taxed against the petitioner.
B. The court may in its discretion tax as a cost a fee, not to exceed $1,000, for a survey for the landowner.
C. If an owner whose property is taken by condemnation under
this title or under Title 33.1 is awarded at trial, as compensation for the
taking of or damage to his real property, an amount that is 30 percent or more
greater than the amount of the petitioner's final written offer made not later
than 60 days after the respondent has filed responsive pleadings,receipt
by the petitioner of a complete copy of the owner's written appraisal report
that complies with the requirements of the Uniform Standards of Professional
Appraisal Practice in effect as of the date of such report,
the court may order the petitioner to pay to the owner those (i) reasonable
costs, as authorized
pursuant to § 25.1-419, other than attorney fees, and (ii)
reasonable fees and travel costs, including
reasonable appraisal and engineering fees, for no more than three
experts testifying at trial, that the owner incurs. The requirements of this
subsection shall not apply to those condemnation actions:
1. Involving easements valued at less than $10,000.
2. In which the petitioner filed, prior to July 1, 2005: (i) a petition in condemnation pursuant to Chapter 2 (§ 25.1-205 et seq.) of this title; or (ii) a certificate of take or deposit pursuant to Title 33.1, or Chapter 3 (§ 25.1-300 et seq.) of this title.
3. In which the owner does not provide the report described herein.
D. All costs on appeal shall be assessed and assessable in the manner provided by law and the Rules of Court as in other civil cases.
Additional Data
Explanation
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