45.1-161.320 - Proceedings for condemnation.
§ 45.1-161.320. Proceedings for condemnation.
A. Proceedings for condemnation hereunder shall be instituted and conductedin the name of the Commission, and the procedure shall, except insofar asaltered herein, be as provided in Chapter 3 (§ 25.1-300 et seq.) of Title25.1.
B. The proceedings for condemnation shall be by petition to the circuit courtof the county or city in which the land, property and property rights or themajor portion thereof sought to be temporarily acquired are located, whichpetition shall set forth with reasonable particularity a description anddesignation of the interests, rights and property intended to be temporarilytaken, the name or names of the owners of the property which is to be takenor affected, and such other facts, if any, as may be deemed necessary by theCommission, in order to give adequate information to the court and allpersons in interest, which petition shall be verified by oath by a member ofthe Commission. Upon the filing of said petition in the office of the clerkof the circuit court to which it is addressed, together with as many copiesthereof as there are defendants upon which it is to be served, and depositingwith the clerk for the custody of the court, and for the benefit of theowners of the properties taken or affected, such an amount of money as theCommission shall estimate to be just compensation for the propertytemporarily taken and the damage done, if any, the Commission shall thereuponseize and take possession, custody and control of said property orproperties. The amount of money so deposited shall not limit the amount ofjust compensation to be allowed to the owners of the property. Service ofsaid petition upon the defendants shall be made in the manner prescribed bythe Rules of the Supreme Court of Virginia with respect to Practice andProcedure in Actions at Law in effect at the time the petition is filed.
(Code 1950, § 45-151; 1950, p. 31; 1966, c. 594, § 45.1-151; 1994, c. 28;2003, c. 940.)