CODE OF VIRGINIA

NOTICE OF FILING OF PETITION (§ 25.1-209)

A. Upon the filing of a petition for condemnation, the petitioner shall give the
owners 21 days’ notice of the filing of such petition and of its intention
to apply to the court to ascertain just compensation for the property to be
taken or affected as a result of the taking and use by the petitioner of the
property to be so acquired.

B. The notice, along with a copy of the petition, shall be served on the owners.
In such notice, the petitioner shall give notice that an answer and grounds of
defense shall be filed setting forth any objection or defense to the taking or
damaging of his property or to the jurisdiction of the court to hear the case
and to elect to proceed with either the appointment of commissioners or
empanelment of a jury for the determination of such just compensation.

C. The notice may also include notice of the petitioner’s application for
the right of entry as provided in § 25.1-223, if such application is included
in the petition as authorized by § 25.1-207.

D. A copy of the notice required to be served on the owners by this section also
shall be served in the same manner upon any tenant entitled to participate in
the proceeding pursuant to § 25.1-234, whose lease has been duly recorded or
whose tenancy is actually known to the petitioner. However, a tenant so notified
may participate in the proceeding only as permitted by § 25.1-234.

E. In addition to any other notice required to be served pursuant to this
section, in any proceeding instituted by the Commissioner of Highways under this
title or Title 33.2, a copy of the notice of the filing of the petition also
shall be served, in the same manner as such notice is served upon owners, upon
any person owning structures or improvements for which an outdoor advertising
permit has been issued by the Commissioner of Highways pursuant to § 33.2-1208.

HISTORY: Code 1919, § 4365; Code 1950, § 25-10; 1962, c. 426, § 25-46.9;
1975, c. 189; 1991, c. 520; 2000, c. 1029; 2003, c. 940; 2006, c. 586; 2010, c.
835.