{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/25.1-109.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/25.1-109.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/25.1-109.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/25.1-109.html"}],"law_id":356181,"edition_id":2,"section_id":356181,"structure_id":50959,"section_number":"25.1-109","catch_line":"Condemnation of lands for compensatory mitigation of wetlands","history":"2005, c. 311.","full_text":"When authorization is required by federal or state law for any project affecting wetlands and the authorization is conditioned upon compensatory mitigation for adverse impacts to wetlands, no condemnor shall acquire through exercise of the power of eminent domain any property to satisfy such condition unless: (i) the property sought to be acquired is located within the same locality as the project affecting wetlands, or (ii) the governing body of the locality where the property sought to be acquired consents to its acquisition for such purpose. This section shall not apply to property acquired by the Commissioner of Highways pursuant to Title 33.2.\n\n","order_by":null,"text":{"0":{"id":1326419,"text":"When authorization is required by federal or state law for any project affecting wetlands and the authorization is conditioned upon compensatory mitigation for adverse impacts to wetlands, no condemnor shall acquire through exercise of the power of eminent domain any property to satisfy such condition unless: (i) the property sought to be acquired is located within the same locality as the project affecting wetlands, or (ii) the governing body of the locality where the property sought to be acquired consents to its acquisition for such purpose. This section shall not apply to property acquired by the Commissioner of Highways pursuant to Title 33.2.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":50959,"edition_id":2,"name":"General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":50958,"metadata":{"child_laws":10,"child_structures":0},"date_created":"2026-08-02 02:35:29","date_modified":"2026-08-02 12:31:37","permalink":{"id":1416497,"object_type":"structure","relational_id":50959,"identifier":"1","token":"25.1\/1","url":"\/25.1\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50958,"edition_id":2,"name":"Eminent Domain","identifier":"25.1","label":"title","depth":1,"order_by":66,"parent_id":null,"metadata":{"child_laws":110,"child_structures":15},"date_created":"2026-08-02 02:35:29","date_modified":"2026-08-02 12:31:36","permalink":{"id":1416495,"object_type":"structure","relational_id":50958,"identifier":"25.1","token":"25.1","url":"\/25.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":356172,"structure_id":50959,"section_number":"25.1-100","catch_line":"Definitions","url":"\/25.1-100\/","token":"25.1\/1\/25.1-100","metadata":false},{"id":356173,"structure_id":50959,"section_number":"25.1-101","catch_line":"Condemnation by state institutions","url":"\/25.1-101\/","token":"25.1\/1\/25.1-101","metadata":false},{"id":356174,"structure_id":50959,"section_number":"25.1-102","catch_line":"Condemnation of property of corporations possessing power of eminent domain","url":"\/25.1-102\/","token":"25.1\/1\/25.1-102","metadata":false},{"id":356175,"structure_id":50959,"section_number":"25.1-103","catch_line":"Condemnation of lands of state institutions","url":"\/25.1-103\/","token":"25.1\/1\/25.1-103","metadata":false},{"id":356176,"structure_id":50959,"section_number":"25.1-104","catch_line":"Condemnation of lands of private educational institutions for highway purposes","url":"\/25.1-104\/","token":"25.1\/1\/25.1-104","metadata":false},{"id":356177,"structure_id":50959,"section_number":"25.1-105","catch_line":"Condemnation of cemeteries","url":"\/25.1-105\/","token":"25.1\/1\/25.1-105","metadata":false},{"id":356178,"structure_id":50959,"section_number":"25.1-106","catch_line":"Condemnation of lands within agricultural and forestal districts","url":"\/25.1-106\/","token":"25.1\/1\/25.1-106","metadata":false},{"id":356179,"structure_id":50959,"section_number":"25.1-107","catch_line":"Condemnation of lands within adopted conservation or redevelopment plans","url":"\/25.1-107\/","token":"25.1\/1\/25.1-107","metadata":false},{"id":356180,"structure_id":50959,"section_number":"25.1-108","catch_line":"Offer to sell to former owner","url":"\/25.1-108\/","token":"25.1\/1\/25.1-108","metadata":false},{"id":356181,"structure_id":50959,"section_number":"25.1-109","catch_line":"Condemnation of lands for compensatory mitigation of wetlands","url":"\/25.1-109\/","token":"25.1\/1\/25.1-109","metadata":false}],"previous_section":{"id":356180,"structure_id":50959,"section_number":"25.1-108","catch_line":"Offer to sell to former owner","url":"\/25.1-108\/","token":"25.1\/1\/25.1-108","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-109\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapter 311<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":1416535,"object_type":"law","relational_id":356181,"identifier":"25.1-109","token":"25.1\/1\/25.1-109","url":"\/25.1-109\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/25.1-109\/","token":"25.1\/1\/25.1-109","dublin_core":{"Title":"Condemnation of lands for compensatory mitigation of wetlands","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-109","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When authorization is required by federal or state law<\/span> for any project affecting wetlands and the authorization is conditioned upon compensatory mitigation for adverse impacts to wetlands, no condemnor<\/span> shall acquire through exercise of the power of eminent domain any property<\/span> to satisfy such condition unless: (i) the property<\/span> sought to be acquired is located within the same locality<\/span> as the project affecting wetlands, or (ii) the governing body of the locality<\/span> where the property<\/span> sought to be acquired consents to its acquisition for such purpose. This section shall not apply to property<\/span> acquired by the Commissioner of Highways pursuant to Title 33.2.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONDEMNATION OF LANDS FOR COMPENSATORY MITIGATION OF WETLANDS (\u00a7 25.1-109)\n\nWhen authorization is required by federal or state law for any project affecting\nwetlands and the authorization is conditioned upon compensatory mitigation for\nadverse impacts to wetlands, no condemnor shall acquire through exercise of the\npower of eminent domain any property to satisfy such condition unless: (i) the\nproperty sought to be acquired is located within the same locality as the\nproject affecting wetlands, or (ii) the governing body of the locality where the\nproperty sought to be acquired consents to its acquisition for such purpose.\nThis section shall not apply to property acquired by the Commissioner of\nHighways pursuant to Title 33.2.\n\nHISTORY: 2005, c. 311.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}