Bill Text: VA SB28 | 2020 | Regular Session | Prefiled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Eminent domain; eliminates specific provisions for assessment of costs in certain proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-04-22 - Governor: Acts of Assembly Chapter text (CHAP1244) [SB28 Detail]

Download: Virginia-2020-SB28-Prefiled.html
Offered January 8, 2020
Prefiled November 18, 2019
A BILL to amend and reenact §25.1-245.1 of the Code of Virginia and to repeal §25.1-245 of the Code of Virginia, relating to eminent domain; costs.
Patron-- Petersen
Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1. That §25.1-245.1 of the Code of Virginia is amended and reenacted as follows:

§25.1-245.1. Costs.

A. Except as otherwise provided in this chapter, all costs of the proceeding in the trial court that are fixed by statute shall be taxed against the condemnor.

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 or under Title 33.2 is awarded at trial, as compensation for the taking of or damage to his real property, an amount that is 25 percent or more greater than the amount of the condemnor's initial written offer made pursuant to §25.1-204, the court may order the condemnor to pay to the owner those (i) reasonable costs, other than attorney fees, and (ii) reasonable fees and travel costs, including reasonable appraisal and engineering fees incurred by the owner, for up to three experts or as many experts as are called by the condemnor, whichever is greater, who testified at trial.

D. All costs on appeal shall be assessed and assessable in the manner provided by law and the Rules of Court as in other civil cases.

E. The requirements of this section shall not apply to those condemnation actions initiated by a public service company, public service corporation, railroad pursuant to the delegation of the power of eminent domain granted in Title 56, or government utility corporation, as defined by §1-219.1, which shall be governed by § 25.1-245.

2. That §25.1-245 of the Code of Virginia is repealed.