25.1-229 - Selection of jurors.
§ 25.1-229. Selection of jurors.
A. Except as otherwise provided in this section, the provisions of Chapter 11(§ 8.01-336 et seq.) of Title 8.01 shall apply to the selection ofcondemnation juries mutatis mutandis. While preserving the random selectionprocess set forth in § 8.01-345, the jury commissioner shall determine thefreeholder status of individuals randomly selected by reference to tax rollsor other reliable data the judge of the circuit court deems appropriate.
B. All of the acting jurors and all of the names drawn for alternate jurorsshall be freeholders of property within the jurisdiction. On the day set fortrial, jurors who appear shall be called to be sworn on their voir dire untila disinterested and impartial panel is obtained. A juror may be stricken forcause. From the impartial panel the judge shall randomly select 13 jurors.From the panel of 13 jurors each party shall have four preemptory strikes.The court may appoint alternate jurors. Five persons from a panel of notfewer than 13 jurors shall constitute a jury in a condemnation case. If fewerthan seven jurors remain before the court prior to the exercise of peremptorystrikes, the trial may proceed and be heard by less than five jurors providedthe parties agree. However, no trial shall proceed with fewer than threejurors.
C. The conclusion of the jurors need not be unanimous, and a majority of thejurors may act in the name of the jury.
D. In condemnation proceedings instituted by the Commonwealth TransportationCommissioner, a person owning structures or improvements for which an outdooradvertising permit has been issued by the Commonwealth TransportationCommissioner pursuant to § 33.1-360 shall be deemed to be an "owner" forpurposes of this section.
(Code 1919, §§ 4366, 4367; 1928, p. 334; 1948, p. 168; Code 1950, §§ 25-12,25-16; 1962, c. 426, § 25-46.20; 1968, c. 535; 1973, c. 510; 1974, c. 625;1975, c. 551; 1991, c. 520; 1993, c. 906; 1997, c. 58; 2000, c. 1029; 2003,c. 940; 2006, c. 586; 2007, cc. 450, 720.)