Virginia Senate Bill 951 was passed by the General Assembly and became effective on July 1 of this year. This bill amends Va. Code § 25.1-204, dealing with the bona fide offer in condemnation within the Commonwealth. So, what has changed? Two sentences have been added and one sentence revised.

Sub-section (B) saw the addition of “[t]he written offer shall be made upon the state agency’s letterhead and shall be signed by an authorized employee of such state agency” while sub-section (E)(1) saw the addition of “[t]he state agency shall provide its written statement of the amount it established as just compensation on its letterhead, which shall be signed by an authorized employee of such agency.” The use of letterhead helps put the property owner on notice of who is requesting the take, and the requestor’s authority. Further, an authorized employee must sign off on it.

Va. Code § 25.1-204(B), in part, changed from “[t]he written statement shall include a description of the public use that provides a basis for the condemnors acquisition …” to “[t]he written statement shall include a description of the public use for which it is necessary to acquire the owner’s property ….” Although both statements express the requirement of justification for the take on part of the condemnor, the updated language adds a key “necessity” piece. It shifts the language from a condemnor simply explaining why they want the property for public use to why the taking is needed for public use. Subtle yet significant.

Diamond Royster is a summer associate with Pender & Coward for the summer of 2020.