SB 485

Abstract

Eminent domain; remnants and remainders. Repeals the provision of the Code of Virginia declaring that the acquisition of residual parcels when acquiring land for highway rights-of-way is in the public interest and is a public use. The bill provides that, upon petition of either party, the court may determine whether property remaining after a partial taking is an uneconomic remnant prior to the trial on just compensation. The bill further provides that if the court rules in favor of the owner, it may award costs and fees to be paid by the condemnor.

Eminent domain; remnants and remainders.Repeals the provision of the Code of Virginia declaring that theacquisition of residual parcels when acquiring land for highway rights-of-wayis in the public interest and is a public use. The bill providesa property owner with the ability to decide whether acquisition wouldcreate an uneconomic remnant or whether the damage to the remainderof a piece of acquired property would equal or exceed the fair marketvalue of the remaining land.