25.1-417 - General provisions for conduct of acquisition.
§ 25.1-417. General provisions for conduct of acquisition.
A. If a state agency acquires real property in connection with any programsor projects, such acquisition shall be conducted, to the greatest extentpracticable, in accordance with the following provisions:
1. The state agency shall make every reasonable effort to acquireexpeditiously real property by negotiation.
2. Real property shall be appraised before the initiation of negotiations,and the owner or his designated representative shall be given an opportunityto accompany the appraiser during his inspection of the property; however,the requirements of this subdivision shall not apply if the state agency'sofficial who is responsible for the acquisition determines that the value ofthe property being acquired is less than $10,000, based on assessment recordsor other objective evidence.
3. Before initiating negotiations for real property, the state agency shallestablish an amount which it believes to be just compensation therefor andshall make a prompt offer to acquire the property for the full amount soestablished. In no event shall such amount be less than the agency's approvedappraisal of the fair market value of such property, if such an appraisal isrequired. Any decrease or increase in the fair market value of real propertyprior to the date of valuation caused by the public improvement for whichsuch property is acquired, or by the likelihood that the property would beacquired for such improvement, other than that due to physical deteriorationwithin the reasonable control of the owner, shall be disregarded indetermining the compensation for the property. The agency concerned shallprovide the owner of real property to be acquired with a written statementof, and summary of the basis for, the amount it established as justcompensation, together with a copy of the agency's approved appraisal of thefair market value of such property upon which the agency has based the amountoffered for the property, if such an appraisal is required. Whereappropriate, the just compensation for the real property acquired and fordamages to remaining real property shall be separately stated.
4. No owner shall be required to surrender possession of real property beforethe state agency pays the agreed purchase price, or deposits with the statecourt in accordance with applicable law, for the benefit of the owner, (i) anamount not less than the agency's approved appraisal of the fair market valueof such property, if such an appraisal is required, or (ii) the amount of theaward of compensation in the condemnation proceeding for such property.
5. The construction or development of a public improvement shall be soscheduled that, to the greatest extent practicable, no person lawfullyoccupying real property shall be required to move from a dwelling, assuming areplacement dwelling will be available, or to move his business or farmoperation, without at least 90-days' written notice from the state agency, ofthe date by which such move is required.
6. If the state agency permits an owner or tenant to occupy the real propertyacquired on a rental basis for a short term for a period subject totermination by the state agency on a short notice, the amount of rentrequired shall not exceed the fair rental value of the property to ashort-term occupier.
7. In no event shall the state agency either advance the time ofcondemnation, or defer negotiations or condemnation and the deposit of fundsin court for the use of the owner, or take any other action coercive innature, in order to compel an agreement on the price to be paid for theproperty.
8. If any interest in real property is to be acquired by exercise of thepower of eminent domain, the state agency shall institute formal condemnationproceedings. No state agency shall intentionally make it necessary for anowner to institute legal proceedings to prove the fact of the taking of hisreal property.
9. If the acquisition of only part of a property would leave its owner withan uneconomic remnant, the agency concerned shall offer to acquire the entireproperty.
10. A person whose real property is being acquired in accordance with thisarticle may, after the person has been fully informed of his right to receivejust compensation for such property, donate such property, and part thereof,any interest therein, or any compensation paid therefor to a state agency, assuch person shall determine.
B. The provisions of this section create no rights or liabilities and shallnot affect the validity of any property acquisitions by purchase orcondemnation.
(1972, c. 738, §§ 25-235.1, 25-248; 2000, cc. 851, 1029; 2001, c. 260; 2003,c. 940.)