25.1-219 - Pretrial settlement conference; determination of preliminary issues; fixing date of trial on issue of just compensation.
§ 25.1-219. Pretrial settlement conference; determination of preliminaryissues; fixing date of trial on issue of just compensation.
A. The owner or the petitioner in any condemnation proceeding may requestand, if requested, the court shall order a pretrial settlement conference.Such conference shall be conducted by a neutral third party, if available.Such conference may be requested at any time by either the owner or thepetitioner. If requested, such conference shall be held within the 30 dayspreceding the scheduled trial date. If such a conference is ordered, thecourt shall order both parties to appear with counsel, if any, and theparties shall appear with settlement authority. All settlement conferencesconducted pursuant to this provision shall be nonbinding. If settlement isnot reached, the matter shall proceed to trial as set upon the docket.
B. At the hearing upon the petition and application for either theappointment of commissioners or the empanelment of a jury made in accordancewith § 25.1-209, if no answer and grounds of defense has been filed objectingto the jurisdiction of the court to hear the case and to proceed with theappointment of commissioners or the empanelment of a jury, the court shallenter an order fixing a date for the trial of the issue of just compensationand stating that such issue shall be determined by a commission, by a jury orby the court, as provided in § 25.1-220. If any answer and grounds of defensehas been filed objecting to the jurisdiction of the court, the court shalldetermine such issues or other matters in controversy, excepting the issue ofjust compensation or matters relating to the ownership of any land or otherproperty or the interests of any party in such land or other property beforefixing a date for the trial of the issue of just compensation.
C. If the court determines all such issues or other matters involving thejurisdiction of the court in favor of the petitioner, the court shall enteran order fixing a date for the trial of the issue of just compensation andstating that such issue shall be determined either by a commission, by a juryor by the court, as provided in § 25.1-220.
D. An order of the court in favor of the petitioner on any of the foregoingpreliminary issues or matters shall not be a final order for purposes ofappeal but an order against the petitioner on such issues or matters shall bea final order for purposes of appeal, if the petitioner so elects. If theorder against the petitioner does not dismiss the petition, the petitionermay elect to proceed with the case without waiving any of its objections andexceptions to the rulings of the court.
E. At such hearing the court shall also determine whether the petitionershall be granted a right of entry as provided in § 25.1-223.
(1962, c. 426, § 25-46.17; 1991, c. 520; 2000, c. 1029; 2002, c. 272; 2003,c. 940; 2006, c. 586; 2010, c. 835.)