CODE OF VIRGINIA

PARTICIPATION BY CERTAIN TENANTS IN PROCEEDINGS TO DETERMINE JUST COMPENSATION
(§ 25.1-234)

A. Any tenant under a lease with a term of 12 months or longer may participate
in the proceedings to determine just compensation to the same extent as his
landlord or the owner, if, not less than 10 days prior to the date for the trial
of the issue of just compensation, such tenant shall file his petition for
intervention, in the manner provided in § 25.1-221. Such petition for
intervention shall include (i) a verified copy of the lease under which he is in
possession and (ii) an affidavit by the tenant or his duly authorized agent or
attorney, stating:

   1.  That he claims an interest in the award; and

   2.  That he desires to offer admissible evidence concerning the value of the
   property being taken or damaged.

B. For the purposes of this section, the term of a tenant’s lease shall
include any renewals or extensions for which the tenant has an enforceable
written option. The term “tenant” shall include the assignee of the
original tenant, as well as any sublessee of the entire demised premises of the
owner for the full unexpired term of the sublessor.

C. Nothing in this section shall be construed, however, as authorizing such
tenant to offer any evidence in the proceedings to determine just compensation
concerning the value of his leasehold interest in the property involved therein
or as authorizing the body determining just compensation to make any such
determination in formulating its report.

D. As used in this section, “proceedings to determine just
compensation” means proceedings described in §§ 25.1-231, 25.1-232, and
25.1-233.

HISTORY: 1966, c. 512, § 25-46.21:1; 2000, c. 1029; 2003, c. 940.