reglab/housing_qa huggingface dataset:
VA Code § 33.2-1010 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 10 - Eminent Domain|§ 33.2-1010. Use and disposition of residue parcels of land

The Commissioner of Highways may lease, sell, or exchange such residue parcels of land upon such terms and conditions as in the judgment of the Commissioner of Highways may be in the public interest, provided, however, that the Commissioner of Highways shall not use such parcels for any commercial purpose. The Commissioner of Highways may lease, sell, or exchange such residue parcels of land as may have been acquired under the provisions of the Transportation Development and Revenue Bond Act (§ 33.2-1700 et seq.), upon such terms and conditions as in the judgment of the Commissioner of Highways may be in the public interest. The Commissioner of Highways may lease such parcels of land as may have been acquired under the provisions of § 33.2-1005 in the event the former owner fails to make the request authorized under § 33.2-1005 to persons other than the former owner, upon such terms and conditions as in the judgment of the Commissioner of Highways may be in the public interest. The provisions of Articles 1 (§ 33.2-900 et seq.) and 2 (§ 33.2-908 et seq.) of Chapter 9 shall not be construed to apply to the disposition of land authorized in this section.Code 1950, § 33-117.4; 1960, c. 546; 1970, c. 322, § 33.1-93; 2014, c. 805.
VA Code § 33.2-1012 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 10 - Eminent Domain|§ 33.2-1012. Limitations in Title 25.1 not applicable to Commissioner of Highways

Except as to procedure, the Commissioner of Highways shall not be subject to any limitations in Title 25.1 in exercising the power of eminent domain pursuant to this title.Code 1950, § 33-57.3; 1964, Ex. Sess., c. 23; 1970, c. 322, § 33.1-95; 1972, c. 765; 2003, c. 940; 2014, c. 805.
VA Code § 33.2-1013 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 10 - Eminent Domain|§ 33.2-1013. Notice of exercise of eminent domain power; evidence of value

A. As used in this section:"Fair market value" means the price that the real property would bring if it were offered for sale by one who wanted to sell, but was under no necessity, and was bought by one who wanted to buy, but was under no necessity."Owner" means any person owning an estate or interest in buildings, structures, or other improvements on real property, which estate or interest is recorded in the official records of the circuit court where the property is located, or improvements for which a permit has been issued by the Commissioner of Highways pursuant to § 33.2-1208. "Owner" does not include trustees or beneficiaries under a deed of trust or any person owning only a security interest in the real property.B. Notwithstanding anything to the contrary contained in this chapter or in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1:1. The Commissioner of Highways shall notify every owner, as defined in this section, of a building, structure, or other improvement if the Commissioner of Highways intends to exercise the power of eminent domain in a manner that would result in a taking of the building, structure, or other improvement.2. The owner of any such building, structure, or other improvement may present evidence of the fair market value of such building, structure, or other improvement in the proceedings described in § 25.1-233, provided such owner has filed a petition for intervention pursuant to § 25.1-218.3. If the owner of such building, structure, or improvement is different from the owner of the underlying land, then such owner shall not be allowed to proffer any evidence of value that the owner of the underlying land would not be permitted to proffer if the building, structure, or improvement were owned by the owner of the underlying land; and4. The provisions of this section shall not apply to condemnation proceedings in which the petition for condemnation was filed prior to July 1, 2000.2000, cc. 822, 843, § 33.1-95.1; 2003, c. 940; 2014, c. 805.
VA Code § 33.2-1015 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 10 - Eminent Domain|§ 33.2-1015. Acquisition of land in median of highways for public mass transit; disposition of such property

When acquiring land for the construction of highways with divided roadways, the Commissioner of Highways may, if he deems it necessary and appropriate, also acquire by gift, purchase, or by the exercise of the power of eminent domain as vested in him by § 33.2-1001, in addition to the land necessary for such highways, sufficient land in the median for use for public mass transit and may convey or otherwise make available the same to a public agency or authority or public service corporation or public service company for the construction and operation thereon of public facilities for mass transit.Such additional land shall be acquired only after an agreement has been made between the Commissioner of Highways and a public agency or authority or public service corporation or public service company whereby such agency, authority, corporation, or company has agreed to pay the cost of the additional land acquired and all expense incidental to its acquisition.The condemnation of such land to be conveyed for use for public mass transit shall be governed by the procedure prescribed by this article and may be carried out at the same time if against the same property owner and if against the same landowner or in the same proceedings in which land is condemned for highway purposes. The Commissioner of Highways may, under the same procedure and conditions prescribed by this article with respect to property needed for highway purposes, enter upon and take possession of such property to be conveyed to a public agency or authority or public service corporation or public service company in the manner provided in §§ 33.2-1018 through 33.2-1027.The Board is authorized and directed with the consent of the Federal Highway Administration to permit the Washington Metropolitan Area Transit Authority to commence construction of rapid transit and ancillary facilities within the proposed median of Interstate 66 between Glebe Road in Arlington County and Nutley Road in Fairfax County, provided that (i) construction of rapid transit shall conform with highway plans and that construction procedures shall be reviewed and approved by the Commissioner of Highways and (ii) prior to construction of rapid transit, a mutually satisfactory allocation of cost shall be agreed to by the Washington Metropolitan Area Transit Authority, the Board, and the Federal Highway Administration.Code 1950, § 33-58.1; 1962, c. 303; 1970, c. 322, § 33.1-97; 1973, c. 508; 2014, c. 805.
VA Code § 33.2-1016 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 10 - Eminent Domain|§ 33.2-1016. Procedure in general; suits in name of Commissioner of Highways; survival; validation of suits; notice of filing

A. Proceedings for condemnation under this article shall be instituted and conducted in accordance with the procedures provided in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1, except that the provisions of §§ 33.2-1018 through 33.2-1029 shall be applicable to such proceedings.B. All suits shall be instituted and conducted in the name of the Commissioner of Highways as petitioner without naming the individual who may be such Commissioner of Highways or acting Commissioner of Highways. In the event of the death, removal, retirement, or resignation of the Commissioner of Highways or acting Commissioner of Highways, the suit shall automatically survive to a successor Commissioner of Highways or acting Commissioner of Highways. All suits heretofore filed in accordance with the provisions of this section are hereby ratified, validated, and confirmed.C. In addition to any other notices required to be served pursuant to this section, in any proceeding instituted by the Commissioner of Highways under this title, a copy of the notice of the filing of the petition also shall be served, in the same manner as such notice is served upon owners, upon any person owning structures or improvements for which an outdoor advertising permit has been issued by the Commissioner of Highways pursuant to § 33.2-1208.Code 1950, § 33-59; 1960, c. 491; 1964, c. 383; 1970, c. 322, § 33.1-98; 1972, c. 765; 2003, c. 940; 2014, c. 805.
VA Code § 33.2-1017 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 10 - Eminent Domain|§ 33.2-1017. Taking highway materials from streams, rivers, and watercourses

Whenever the Commissioner of Highways determines that it is necessary or desirable to remove materials from the streams, rivers, or watercourses for use on public highways, he shall submit to the Marine Resources Commission his plan for the removal and all conditions relating thereto for its review and concurrence. After receiving the concurrence of the Marine Resources Commission, the Commissioner of Highways may take for use on the public highways in the Commonwealth sand, gravel, rock, and any other materials deemed by him suitable for road purposes from the streams, rivers, and watercourses, title to the bed of which is in the Commonwealth, and in addition to the power of eminent domain already vested in him may acquire by condemnation all property, rights, and easements necessary to enable him to obtain and make use of such materials. All such proceedings shall be governed by the provisions of law governing the exercise by the Commissioner of Highways of the power of eminent domain for state highway purposes.Code 1950, § 33-69; 1968, c. 659; 1970, c. 322, § 33.1-117; 2014, c. 805.
VA Code § 33.2-1018 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 10 - Eminent Domain|§ 33.2-1018. Authority to take possession and title to property before or during condemnation; purpose and intent of provisions

In addition to the exercise of the power of eminent domain prior to the entry upon land being condemned, as provided in this article, the Commissioner of Highways is authorized to acquire title and to enter upon and take possession of such property and rights-of-way, for the purposes set out in § 33.2-1001, as the Commissioner of Highways may deem necessary, and proceed with the construction of such highway, such taking to be made pursuant to §§ 33.2-1019 through 33.2-1029.It is the intention of this article to provide that such property and rights-of-way may, in the discretion of the Commissioner of Highways, be condemned during or after the construction of the highway, as well as prior thereto, and to direct the fund out of which the judgment of the court in condemnation proceedings shall be paid, and to provide that in all other respects the provisions of this article shall apply, whether the property and rights-of-way are condemned before, during, or after the construction of the highway. However, the authorities constructing such highway under the authority of this article shall use diligence to protect growing crops and pastures and to prevent damage to any property not taken. So far as possible all rights-of-way shall be acquired or contracted for before any condemnation is resorted to.Code 1950, § 33-70.1; 1958, c. 581; 1970, c. 322, § 33.1-119; 2014, c. 805.
VA Code § 33.2-1019 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 10 - Eminent Domain|§ 33.2-1019. Payments into court or filing certificate of deposit before entering upon land

A. Before entering upon or taking possession of land pursuant to § 33.2-1018, the Commissioner of Highways shall either:1. Pay into the court wherein condemnation proceedings are pending or are to be instituted such sum as is required by subsection B; or2. File with the court wherein condemnation proceedings are pending or are to be instituted a certificate of deposit issued by the Commissioner of Highways for such sum as is required by subsection B, which shall be deemed and held for the purpose of this chapter to be payment into the custody of such court.B. The amount to be paid into the court as provided in subdivision A 1 or represented by a certificate of deposit as provided in subdivision A 2 shall be the amount that the Commissioner of Highways estimates to be the fair value of the land taken, or interest therein sought, and damage done, which estimate shall be based on a bona fide appraisal if required by § 25.1-417; however, such estimate shall not be less than the current assessed value of the land for real estate tax purposes, unless the property has physically changed in a material and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property, when the entire parcel for which the assessment has been made is to be acquired.C. If the Commissioner of Highways makes a payment into court as provided in subdivision A 1, the court shall also record a certificate of take pursuant to § 33.2-1021.D. Payment against a certificate of deposit, when ordered by the court named therein, shall be paid by the Commissioner of Highways.E. The Commissioner of Highways shall not be permitted to force relocation on improved owner-occupied property until the owner is permitted to withdraw the funds represented by the certificate filed with the court. However, if the owner refuses to withdraw the funds represented by the certificate filed with the court or if the Commissioner of Highways reasonably believes that the owner does not possess clear title to the property being taken, that ownership of the property is disputed, or that certain owners cannot be located, the Commissioner of Highways may petition the court to establish that the owner does not possess clear title, that the ownership of the property is in dispute, that certain owners cannot be located, or that the owner has refused to withdraw the funds represented by the certificate filed with the court, and request that the Commissioner of Highways be given authority to force relocation.F. Nothing in this section shall make evidence of tax assessments admissible as proof of value in an eminent domain proceeding.Code 1950, § 33-70.2; 1958, c. 581; 1970, cc. 322, 684, § 33.1-120; 2003, c. 940; 2004, c. 803; 2013, c. 764; 2014, c. 805.
VA Code § 33.2-1020 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 10 - Eminent Domain|§ 33.2-1020. Payment of certificates of deposit; recordation of certain certificates; notice to owner

A. A certificate of deposit shall be deemed and held for the purpose of this article to be payment into the custody of such court. Payment against any certificate of deposit so issued and countersigned, when ordered by the court named therein, shall be paid by the State Treasurer on warrants of the Comptroller, issued on vouchers signed by the Commissioner of Highways.B. A duplicate of each certificate of deposit so issued and countersigned shall be kept as a record in the office of the Commissioner of Highways and a copy thereof shall be filed with the State Treasurer.C. The Commissioner of Highways shall give notice, between 30 and 45 days prior to the date on which any certificate will be filed or recorded pursuant to this chapter, to the owner or tenant, if known, of the freehold by certified or registered mail that such certificate will be filed or recorded. Additionally, within four business days of the filing or recording of a certificate, the Commissioner of Highways shall give notice of such filing or recording to the owner or tenant, if known, of the freehold by providing a copy of such certificate by certified or registered mail.Code 1950, § 33-70.3; 1958, c. 581; 1970, c. 322, § 33.1-121; 2003, c. 940; 2014, c. 805; 2017, c. 563; 2019, cc. 82, 162.
VA Code § 33.2-1021 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 10 - Eminent Domain|§ 33.2-1021. Recordation of certificates; transfer of title or interest; land situated in two or more counties or cities

A. Upon recordation of a certificate:1. The interest or estate of the owner of the property described therein shall terminate;2. The title to such property or interest or estate of the owner shall be vested in the Commonwealth;3. The owner shall have such interest or estate in the funds deposited with the court or represented by the certificate of deposit as the owner had in the property taken or damaged; and4. All liens by deed of trust, judgment, or otherwise upon such property or estate or interest shall be transferred to such funds.B. The title in the Commonwealth shall be defeasible until (i) the Commonwealth and such owner reach an agreement as provided in § 33.2-1027 or (ii) the compensation for the taking or damage to the property is determined by condemnation proceedings as provided in §§ 33.2-1022 through 33.2-1028.C. If the land affected by the certificate is situated in two or more counties or cities, the clerk of the court wherein the certificate is recorded shall certify a copy of such certificate to the clerk of the court of the counties or cities in which any portion of the land lies, who shall record the same in his deed book and index it in the name of the person who had the land before and also in the name of the Commonwealth.Code 1950, § 33-70.4; 1958, c. 581; 1970, c. 322, § 33.1-122; 2014, c. 805; 2020, c. 1245.
VA Code § 33.2-1022 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 10 - Eminent Domain|§ 33.2-1022. Certificates to describe land and list owner

The certificate shall set forth the description of the land or interest therein being taken or damaged and, if known, the owner.Code 1950, § 33-70.5; 1958, c. 581; 1970, c. 322, § 33.1-123; 2014, c. 805.
VA Code § 33.2-1024 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 10 - Eminent Domain|§ 33.2-1024. Reformation, alteration, revision, amendment, or invalidation of certificate

Upon the recordation of such certificate, no reformation, alteration, revision, amendment, or invalidation shall be made for any purpose without the prior consent of the court wherein such certificate is recorded. The court shall have jurisdiction to reform, alter, revise, amend, or invalidate in whole or in part any certificate; to correct mistakes in the description of the property affected by such certificate; to correct the name of the owner in the certificate; to correct any other error that may exist with respect to such certificate; or for any other purpose. A petition filed by the Commissioner of Highways with the court setting forth any error made in such certificate, or the necessity of any change therein, shall be deemed sufficient basis for the reformation, alteration, revision, amendment, or invalidation in whole or in part of such certificate. The court may enter an order permitting the reformation, alteration, revision, amendment, or invalidation in whole or in part, and such order, together with any revised certificate that may be necessary, shall be recorded in the current deed book. The filing of any certificate pursuant to the provisions of this section shall not alter the date of taking as established by the filing of the original certificate pursuant to § 33.2-1021 as to any land that is included in the amended certificate, and no such amended certificate shall include any land not in the original certificate. Nothing in this section shall be construed to prohibit or preclude any person from recovering any damages in a condemnation proceeding resulting from such reformation, alteration, revision, amendment, or invalidation.Code 1950, § 33-70.7; 1958, c. 581; 1968, c. 313; 1970, c. 322, § 33.1-125; 1993, c. 35; 2014, c. 805; 2015, c. 256; 2019, c. 788.
VA Code § 33.2-1025 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 10 - Eminent Domain|§ 33.2-1025. When condemnation proceedings instituted; payment of compensation or damages; order confirming award; recording

Within 180 days after the recordation of such certificate, if the Commissioner of Highways and the owner of such lands or interest therein taken or damaged by the Commissioner of Highways are unable to agree as to the compensation or damages, if any, caused thereby, or such consent cannot be obtained due to the incapacity of the owner, or because such owner is unknown or cannot with reasonable diligence be found within the Commonwealth, the Commissioner of Highways shall institute condemnation proceedings, as provided in this article, unless said proceedings shall have been instituted prior to the recordation of such certificate. The amount of such compensation and damages, if any, awarded to the owner in such proceedings shall be paid out of the appropriations to the Department. The final order confirming the award of the Commissioner of Highways shall confirm absolute and indefeasible title to the land, or interest therein sought, in the Commonwealth and shall be recorded in the current deed book.Code 1950, § 33-70.9; 1958, c. 581; 1970, c. 322, § 33.1-127; 1993, c. 35; 2003, c. 317; 2014, c. 805; 2015, c. 256.
VA Code § 33.2-1026 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 10 - Eminent Domain|§ 33.2-1026. Awards in greater or lesser amounts than deposit; interest

A. If the amount of an award in a condemnation proceeding is greater than that deposited with the court or represented by a certificate of deposit, the excess amount, together with interest accrued on such excess amount, shall be paid into court for the person entitled thereto.B. Interest shall accrue on the excess amount at not less than the judgment rate of interest as set forth in § 8.01-382, computed from the date of such deposit to the date of payment into court, and shall be paid into court for the person or persons entitled thereto. However, any (i) interest accruing after June 30, 1970, and prior to July 1, 1981, shall be paid at the rate of six percent; (ii) interest accruing after June 30, 1981, and prior to July 1, 1994, shall be paid at the rate of eight percent; and (iii) interest accruing after June 30, 1994, and prior to July 1, 2003, shall be paid at the general account composite rate, compiled by the Department of the Treasury for the month in which the award is rendered.C. If the amount of an award in a condemnation proceeding is less than that deposited with the court or represented by a certificate of deposit, and the person or persons entitled thereto have received a distribution of the funds pursuant to § 33.2-1023, the Commissioner of Highways shall recover (i) the amount of such excess and (ii) interest on such excess at the rate of interest established pursuant to § 6621(a)(2) of the Internal Revenue Code of 1954, as amended. If any person has been paid a greater sum than that to which he is entitled as determined by the award, judgment shall be entered for the Commissioner of Highways against such person for the amount of such excess and interest. However, the Commissioner of Highways shall not be entitled to recover the amount of such excess and interest in the event the Commissioner of Highways acquired, by virtue of the certificate, an entire parcel of land containing a dwelling, multiple-family dwelling, or building used for commercial purposes at the time of initiation of negotiations for the acquisition of such property.Code 1950, § 33-70.10; 1958, c. 581; 1970, cc. 322, 614, § 33.1-128; 1981, c. 476; 1994, c. 584; 1997, c. 865; 2003, cc. 19, 47, 318, 940; 2010, cc. 20, 53; 2014, c. 805; 2017, c. 710.