SJR 271/HJR 491
Joint Subcommittee Studying Eminent Domain Issues
November 16, 1999, Richmond
The joint subcommittee held its fourth business meeting to begin addressing specific recommendations for changes to Virginia's eminent domain laws. At the August meeting in Manassas, staff was asked to prepare a list of recommendations heard by the subcommittee for review in making decisions regarding any changes to current law. The joint subcommittee asked staff to draft legislation, for analysis by the members at a later meeting, that accomplishes the following:
The joint subcommittee will hold its next meeting in Richmond on December 10. Staff will present draft legislation addressing the changes recommended by the joint subcommittee, which will continue its review of suggested changes to Virginia's eminent domain laws.
- Replacing the current commissioner system with a jury system.
- Authorizing the trial court, in its discretion, to require the condemnor to pay the condemnee's litigation expenses if the compensation awarded exceeds the condemnor's highest offer by 15 percent or more.
- Raising the statutory limit for compensation for a survey conducted by the condemnee from $100 to $1,000.
- Expanding the Uniform Relocation Assistance Act provisions in the Virginia Code to apply to all types of condemnations.
- Removing the caps on business relocation expenses.
- Eliminating the requirement that tenants have leases of longer than 12 months as a condition to intervening in the condemnation proceedings.
- Requiring condemnors to conduct a title search of the property before making an offer to purchase or filing a certificate of take, in order to avoid delays in payments to condemnees.
The Honorable Madison E. Marye, Chairman
Legislative Services contact: C. Maureen Stinger