CODE OF VIRGINIA

PROCEEDINGS FOR CONDEMNATION (§ 45.1-161.320)

A. Proceedings for condemnation hereunder shall be instituted and conducted in
the name of the Commission, and the procedure shall, except insofar as altered
herein, be as provided in Chapter 3 (§ 25.1-300 et seq.) of Title 25.1.

B. The proceedings for condemnation shall be by petition to the circuit court of
the county or city in which the land, property and property rights or the major
portion thereof sought to be temporarily acquired are located, which petition
shall set forth with reasonable particularity a description and designation of
the interests, rights and property intended to be temporarily taken, the name or
names of the owners of the property which is to be taken or affected, and such
other facts, if any, as may be deemed necessary by the Commission, in order to
give adequate information to the court and all persons in interest, which
petition shall be verified by oath by a member of the Commission. Upon the
filing of said petition in the office of the clerk of the circuit court to which
it is addressed, together with as many copies thereof as there are defendants
upon which it is to be served, and depositing with the clerk for the custody of
the court, and for the benefit of the owners of the properties taken or
affected, such an amount of money as the Commission shall estimate to be just
compensation for the property temporarily taken and the damage done, if any, the
Commission shall thereupon seize and take possession, custody and control of
said property or properties. The amount of money so deposited shall not limit
the amount of just compensation to be allowed to the owners of the property.
Service of said petition upon the defendants shall be made in the manner
prescribed by the Rules of the Supreme Court of Virginia with respect to
Practice and Procedure in Actions at Law in effect at the time the petition is
filed.

HISTORY: Code 1950, § 45-151; 1950, p. 31; 1966, c. 594, § 45.1-151; 1994, c.
28; 2003, c. 940.