7870461-219.1Virginia Decodedhttps://vacode.org2016General ProvisionsCommon Law And Rules Of ConstructionRules Of Construction And DefinitionsLimitations on eminent domain2007, cc. 882, 901, 926; 2012, cc. 283, 626, 756.PKO Ventures, LLC v. Norfolk Redev't & Housing Auth.1215342013-09-12https://www.courtlistener.com/opinion/1057719/pko-ventures-llc-v-norfolk-redevt-housing-auth/ . . . of Code § 1-219.1. . . . <abbr title="Supreme Court of Virginia">SCV</abbr>http://law.lis.virginia.gov/vacode/1-219.1/19.2-386.1Commencing an action of forfeiture/19.2-386.1/19.2-386.15Seizure of property used in connection with or derived from terrorism/19.2-386.15//1-219.1/1/2.1/2/1-219.115.2-180015.2-181425.1-10825.1-20425.1-24525.1-245.1No more private property may be taken than that which is necessary to achieve the stated public use.sectionCC1Except where property is taken (i) for the creation or functioning of a public service corporation, public service company, or railroad; (ii) for the provision of any authorized utility service by a government utility corporation; or (iii) for sanitary sewer, water or stormwater facilities, or transportation facilities, including highways, roads, streets, and bridges, traffic signals, related easements and rights-of-way, mass transit, ports, and any components of federal, state, or local transportation facilities, by a public corporation, property can only be taken where: (a) the public interest dominates the private gain and (b) the primary purpose is not private financial gain, private benefit, an increase in tax base or tax revenues, an increase in employment, or economic development.sectionDD1During condemnation proceedings, the property owner may challenge whether the taking or damaging is for a public use, the stated public use is a pretext for an unauthorized use, or the taking or damaging of property is a violation of subsection D. Nothing in this section shall be construed as abrogating any defenses or rights otherwise available to the property owner independently of this section.sectionEE1Subject to the provisions of subsection D, the limitations contained in this section shall not abrogate any other provision of law that authorizes a condemnor to dispose of property taken for a public use as surplus property, as otherwise provided by law.sectionFF1If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the condemnor shall offer to acquire the entire property for its fair market value as otherwise provided by law, but the condemnor shall not acquire an uneconomic remnant if the owner objects and desires to maintain ownership of the excess property.sectionGG1The provisions of this section shall control to the extent there are any inconsistencies between this section and any other general or special law; otherwise, nothing herein shall be construed as abrogating the power of eminent domain delegated independently of this section.sectionHH1The provisions of this section shall not apply to the forfeiture of property under Chapters 22.1 (§ 19.2-386.1 et seq.) and 22.2 (§ 19.2-386.15 et seq.) of Title 19.2.sectionII1For the purposes of any taking of private property in accordance with Article I, Section 11 of the Constitution of Virginia, a government utility corporation shall be considered to be acting as a public service corporation or public service company where the property is taken for the provision of an authorized utility service only; provided, however, that nothing in this subsection shall modify or affect the jurisdiction of the State Corporation Commission.sectionKK1