As seems to be the case each July 1st at this point, this July 1st brings at least one new statute related to eminent domain, and several changes to the eminent domain code.

New Va. Code § 17.1-222.2, entitled “Entry of condemnation orders; payment of just compensation deposits”, provides that “Where an order entered in any condemnation proceeding or inverse condemnation proceeding directs the clerk to disburse just compensation, or any portion thereof, the clerk shall, unless otherwise provided in the order, promptly and in accordance with the provisions of this section disburse such just compensation in the amount specified in the order and any interest accrued. The clerk shall disburse such just compensation no later than seven business days after the later of (i) the entry of the order or (ii) receipt of the sum that the order directs the clerk to disburse.”

Va. Code § 25.1-229, about selection of jurors in condemnation cases, receives additional language in sub-section (a) which provides “Upon request of counsel, the clerk, sheriff, or other officer responsible for notifying jurors to appear in court for the trial in a case shall make available to counsel of record for each party in such case a copy of the jury panel to be used for such trial at least 10 full business days before such trial. Such copy of the jury panel shall include no fewer than 30 and no more than 75 persons eligible to serve as condemnation jurors as provided in § 25.1-228 and shall show the name, age, address, occupation, and employer of each person on the jury panel, as well as confirmation that each person is a freeholder of property within the jurisdiction in which the property to be condemned, or the greater portion thereof, is situated.”

Va. Code § 25.1-307, which deals with certificates of take, receives a new sub-section (E) which states “On the same day the certificate is recorded in the land records, it shall also be filed with the clerk, and the clerk shall assign a single case number for the certificate that shall be used for all related subsequent filings, including a petition for condemnation filed pursuant to § 25.1-206.” The same language is also added as a new sub-section (E) to Va. Code 33.2-1022.

In addition to those changes, the $25,000 not to exceed cap was removed from Va. Code 25.1-406(4), dealing with “Actual reasonable expenses necessarily incurred in reestablishing a displaced farm, nonprofit organization, or small business at its new site, in accordance with criteria established by the state agency but not to exceed $25,000.”

All of the aforesaid changes are in this year’s SB 779, which contains an enactment clause that provides as follows: “2. That the provisions of §§ 25.1-307 and 33.2-1022 of the Code of Virginia, as amended by this act, shall only apply to a petition for condemnation filed or certificate of take recorded on or after July 1, 2026.”

For landowners, the principal benefit is faster access to deposited funds after the court authorizes distribution. Historically, some clerks processed disbursements quickly while others took substantially longer. SB 779 imposes a uniform statutory deadline and should reduce uncertainty concerning the timing of payment. For condemning authorities and practitioners, the simultaneous filing requirement creates a clearer record concerning the date and contents of the certificate of take.

HB 1401 amended §§ 25.1-307 and 33.2-1022 to clarify the description requirements for certificates of take. Prior law referred to the inclusion of “a plat, drawing, or plan” showing the nature of the project. The amendment expressly allows a certificate to include a combination of one or more plats, drawings, or plans to describe the property interests acquired and the work to be performed.

This is largely a modernization and clarification measure. Contemporary transportation and utility projects often rely on multiple sheets, right-of-way plans, easement exhibits, utility relocation plans, and construction drawings. HB 1401 confirms that condemnors may rely on a collection of documents rather than attempting to compress all necessary information into a single drawing. The amendment seems to have been intended to prevent a technical challenge on the format of the plans attached to the certificate containing more than one sheet.

HB 446 addresses the eminent domain powers of the Virginia Passenger Rail Authority. The legislation reflects the Commonwealth’s continuing investment in passenger rail infrastructure.

Ross Greene, CRE, SR/WA is a firm shareholder and chair of the firm’s Eminent Domain / Right of Way Practice Group. In his right-of-way practice, Ross represents condemning authorities, including state government agencies, utilities, municipalities, and right-of-way consultants. His right-of-way practice includes litigation in state and federal courts regarding property valuation, eminent domain, condemnation, inverse condemnation, and the Uniform Relocation Act.