25.1-245 - Costs.
§ 25.1-245. Costs.
A. Except as otherwise provided in this chapter, all costs of the proceedingin the trial court that are fixed by statute shall be taxed against thepetitioner.
B. The court may in its discretion tax as a cost a fee, not to exceed $1,000,for a survey for the landowner.
C. If an owner whose property is taken by condemnation under this title orunder Title 33.1 is awarded at trial, as compensation for the taking of ordamage to his real property, an amount that is 30 percent or more greaterthan the amount of the petitioner's final written offer made not later than60 days after receipt by the petitioner of a complete copy of the owner'swritten self contained or summary appraisal report, as referenced in theUniform Standards of Professional Appraisal Practice, provided it is the sametype of report furnished to the landowner that complies with the requirementsof the Uniform Standards of Professional Appraisal Practice in effect as ofthe date of such report on which the owner intends to rely to support theamount of just compensation to which he claims to be entitled, the court mayorder the petitioner to pay to the owner those (i) reasonable costs, otherthan attorney fees, and (ii) reasonable fees and travel costs, includingreasonable appraisal and engineering fees, for no more than three expertstestifying at trial, that the owner incurs. The requirements of thissubsection shall not apply to those condemnation actions:
1. Involving easements valued at less than $10,000.
2. In which the petitioner filed, prior to July 1, 2005: (i) a petition incondemnation pursuant to Chapter 2 (§ 25.1-205 et seq.) of this title; or(ii) a certificate of take or deposit pursuant to Title 33.1, or Chapter 3 (§25.1-300 et seq.) of this title.
3. In which the owner does not provide the report described herein.
D. All costs on appeal shall be assessed and assessable in the mannerprovided by law and the Rules of Court as in other civil cases.
(1962, c. 426, § 25-46.32; 1970, c. 345; 2000, c. 1029; 2003, c. 940; 2005,c. 878; 2007, c. 895.)