CODE OF VIRGINIA

REFORMATION, ALTERATION, REVISION, AMENDMENT OR INVALIDATION OF CERTIFICATE (§
25.1-312)

A. No reformation, alteration, revision, amendment or invalidation shall be made
to a recorded certificate for any purpose without the prior consent of the court
wherein such certificate is recorded.

B. The court shall have jurisdiction to:

   1.  Reform, alter, revise, amend or invalidate, in whole or in part, any
   certificate; and

   2.  Correct mistakes in the description of the property affected by such
   certificate, the name or names of the owner or owners in the certificate, or
   any other error that may exist with respect to such certificate for any other
   purpose.

C. A petition filed by the authorized condemnor with the court setting forth any
error made in such certificate, or the necessity of any change therein, shall be
deemed sufficient basis for the reformation, alteration, revision, amendment or
invalidation in whole or in part of such certificate.

D. The court may enter an order permitting the reformation, alteration,
revision, amendment or invalidation, in whole or in part, of the certificate.
Such order, together with any revised certificate that may be necessary, shall
be recorded in the clerk’s office in the same manner required for the
recordation of a certificate. The filing of any certificate pursuant to the
provisions of this section shall not alter the date of taking as established by
the recordation of the original certificate pursuant to § 25.1-307 as to any
property that is included in the amended certificate. An amended certificate
shall not include any property not included in the original certificate.

E. Nothing in this section shall be construed to prohibit or preclude any person
damaged by reason of a mistake in, or the invalidation of, a certificate from
showing the damage suffered by reason of such mistake or invalidation in a
condemnation proceeding.

HISTORY: 2003, c. 940.