15.2-1904 - Possession of property prior to condemnation; authority to utilize expedited acquisition procedure conferred.
§ 15.2-1904. Possession of property prior to condemnation; authority toutilize expedited acquisition procedure conferred.
A. When a condemnation is authorized by § 15.2-1901, a locality may enterupon and take possession of property before the conclusion of condemnationproceedings, using the procedures in Chapter 3 (§ 25.1-300 et seq.) of Title25.1, for public purposes of (i) streets and roads, (ii) drainage facilities,(iii) water supply and sewage disposal systems, including pipes and lines,(iv) oyster beds and grounds, and for any of the purposes set out in §15.2-1901.1. In such proceedings, the procedure may be the same as isprescribed in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 or Chapter 3 ofTitle 25.1. Property may be condemned after the construction of a project, aswell as prior thereto. The provisions of Chapter 3 of Title 25.1 shall beused to identify the fund out of which the judgment of the court incondemnation proceedings shall be paid. However, no property of any publicservice corporation shall be condemned except in accordance with §§15.2-1906, 15.2-2146 through 15.2-2148 and 25.1-102.
B. In all other condemnation proceedings authorized by § 15.2-1901, propertyshall be acquired by condemnation proceedings in accordance with theprocedure provided in Chapter 2 of Title 25.1.
C. Before entering and taking possession of any property, the locality shallpay into court or to the clerk thereof, for the property owner's benefit,such sum as the governing body estimates to be the fair value of the propertytaken and damage, if any, done to the residue. Such payment shall not limitthe amount to be allowed under proper proceedings.
D. When a locality enters upon and takes possession of property before theconclusion of condemnation proceedings pursuant to the procedures in Chapter3 of Title 25.1, a certificate in lieu of payment may be issued by thegoverning body through its authorized designee, which certificate shall becountersigned by the locality's director of finance or authorized agent foravailability of funds.
E. As soon as practicable after the date of payment of the purchase price orthe date of deposit into court of funds to satisfy the award of compensationin a condemnation proceeding to acquire real property, whichever is earlier,the locality shall reimburse the property owner, or other person legallyobligated to pay the real property taxes, for the pro rata portion of realproperty taxes paid for the period subsequent to the date of title vesting inthe locality or the effective date of possession of the real property by thelocality, whichever is earlier.
(Code 1950, §§ 15-668.1, 15-668.2; 1954, c. 384; 1958, c. 382; 1960, c. 6;1962, cc. 494, 511, 623, § 15.1-238; 1964, c. 269; 1979, c. 303; 1983, c.434; 1989, c. 304; 1990, c. 514; 1997, c. 587; 2003, cc. 680, 940.)