CODE OF VIRGINIA

CONDEMNATION (§ 33.2-1814)

A. At the request of the private entity, the responsible public entity may
exercise any power of condemnation that it has under law for the purpose of
acquiring any lands or estates or interests therein to the extent that the
responsible public entity finds that such action serves the public purpose of
this chapter. Any amounts to be paid in any such condemnation proceeding shall
be paid by the private entity.

B. Except as provided in subsection A, until the Commission, after notice to the
private entity and the secured parties, as may appear in the private
entity’s records, and an opportunity for hearing, has entered a final
declaratory judgment that a material default has occurred and is continuing, the
power of condemnation may not be exercised against a qualifying transportation
facility.

C. After the entry of such final order by the Commission, any responsible public
entity having the power of condemnation under state law may exercise such power
of condemnation, in lieu of or at any time after taking over the transportation
facility pursuant to subdivision A 1 of § 33.2-1813, to acquire the qualifying
transportation facility or facilities. Nothing in this chapter shall be
construed to limit the exercise of the power of condemnation by any responsible
public entity against a qualifying transportation facility after the entry by
the Commission of a final declaratory judgment order pursuant to subsection B.
Any person that has provided financing for the qualifying transportation
facility and the private entity, to the extent of its capital investment, may
participate in the condemnation proceedings with the standing of a property
owner.

HISTORY: 1994, c. 855, § 56-569; 1995, c. 647; 2005, cc. 504, 562; 2014, c.
805.