Bill Text: VA SB1260 | 2021 | Regular Session | Comm Sub
Bill Title: Transportation purposes; entry onto land for inspection.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-02-08 - Continued to Special Session 1 in Transportation by voice vote [SB1260 Detail]
Download: Virginia-2021-SB1260-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §§25.1-203 and 33.2-1011 of the Code of Virginia are amended and reenacted as follows:
§25.1-203. Authority of certain condemnors to inspect property; reimbursement for damages; notice prior to entry.
A. In connection with any project wherein the power of eminent
domain may be exercised, any locality or any petitioner exercising the
procedure set forth in Chapter 3 (§25.1-300 et seq.), acting through its duly
authorized officers, agents or employees, may enter upon any property without
the written permission of its owner if (i) the petitioner has requested
the owner's permission to inspect the property as provided in subsection B,
(ii) the owner's written permission is not received prior to the date entry is
proposed, and (iii) the petitioner has given the owner notice of intent to
enter as provided in subsection C.
B. 1. A request for permission to inspect shall (i) be on
the petitioner's official letterhead and signed by an authorized employee of
such entity; (ii) be sent to the owner by certified mail, return receipt
requested, delivered by guaranteed overnight courier, or otherwise delivered to
the owner in person with proof of delivery; and (ii) (iii) be
made not less than 15 30 days prior to the first date of the
proposed inspection; and (iv) notify the owner that if permission is
withheld, the petitioner shall be permitted to enter the property on the date
of the proposed inspection. A mere citation of this section number of
the Code of Virginia shall not satisfy the requirements of clause (iv). A
request for permission to inspect shall be deemed to be made on the date of
mailing, if mailed, or otherwise on the date of delivery.
2. A request for permission to inspect shall include (i) the specific date or dates such inspection is proposed to be made; (ii) the name of the entity entering the property; (iii) the number of persons for whom permission is sought; (iv) the purpose for which entry is made; and (v) the testing, appraisals, or examinations to be performed and other actions to be taken.
3. If a request for permission is provided in accordance with subdivision 1, a petitioner may enter the property sooner than the 30 days indicated in the request only if the owner provides permission, in writing, to enter on an earlier date.
C. If the owner's written permission is not received within
15 days of the request for permission, then the petitioner shall provide notice
of intent to enter. Notice of intent to enter shall be sent to the owner by
certified mail and be (i) posted at the entryway to the property or at the
front door or such other door that appears to be the main entrance of the
residence or business located on the parcel upon which the property to be
entered is located, if the parcel contains a residence or business; (ii)
delivered by guaranteed overnight courier; or (iii) otherwise delivered to the
owner in person with evidence of receipt. The notice of intent to enter shall include
a copy of the request for permission to inspect and shall be made not less than
15 days prior to the date of intended entry. The notice of intent to enter
shall include (a) the specific date or dates of such intended entry; (b) the
name of the entity entering the property; (c) the number of persons intending
to enter the property; (d) the purpose for which entry is made; and (e) the
testing, appraisals, or examinations to be performed and other actions to be
taken, which in no way shall exceed those set forth in the request for
permission pursuant to subdivision B 2. Notice of intent to enter shall be
deemed made on the earlier of (1) the date of mailing, if mailed, or (2) on the
date of delivery or posting. Any individuals entering the property shall carry
identification and shall present such identification upon request of the
landowner or his authorized representative.
D. Any entry authorized by this section (i) shall be
for the purpose of making surveys, tests, appraisals or examinations thereof in
order to determine the suitability of such property for the project, and (ii)
shall not be deemed a trespass.
E. D. The petitioner shall make reimbursement
for any actual damages resulting from entry upon the property. In any action
filed under this section, the court may award the owner his reasonable (i)
attorney fees, (ii) court costs, and (iii) fees for up to three experts or as
many experts as are called by the petitioner, whichever is greater, who
testified at trial if the court finds that the petitioner damaged the owner's
property. A proceeding under this subsection shall not preclude the owner from
pursuing any additional remedies available at law or equity.
F. E. The requirements of this section shall not
apply to the practice of land surveying, as defined in §54.1-400, when such
surveying is not involved in any eminent domain or any proposed eminent domain
matter.
§33.2-1011. Right to enter on land to ascertain its suitability for highway and other transportation purposes; damage resulting from such entry.
A. The Commissioner of Highways, through his duly authorized
officers, agents, or employees, may enter upon any land in the Commonwealth for
the purposes of making examination and survey thereof, including photographing;
testing, including soil borings or testing for contamination; making
appraisals; and taking such actions as may be necessary or desirable to
determine its suitability for highway and other transportation purposes or for
any other purpose incidental thereto. Such officers, agents, or servants shall
exercise care to protect any improvements, growing crops, or timber in making
such examination or survey. Such officers, agents, or servants may enter upon
any property without the written permission of its owners if (i) the
Commissioner has requested the owner's permission to inspect the property as
provided in subsection B, (ii) the owner's written permission is not
received prior to the date entry is proposed, and (iii) the Commissioner has
given the owner notice of intent to enter as provided in subsection C.
B. 1. A request for permission to inspect shall (i) be on
the Commissioner's official letterhead and signed by an authorized employee of
the Commissioner; (ii) be sent to the owner by certified mail, return
receipt requested, delivered by guaranteed overnight courier, or otherwise
delivered to the owner in person with proof of delivery and (ii);
(iii) be made not less than 15 30 days prior to the first
date of the proposed inspection; (iv) notify the owner that if permission is
withheld, the Commissioner or his duly authorized officers, agents, or
employees shall be permitted to enter the property on the date of the proposed
inspection. A mere citation of this section number of the Code of Virginia
shall not satisfy the requirements of clause (iv). A request for permission
to inspect shall be deemed to be made on the date of mailing, if mailed, or
otherwise on the date of delivery.
2. A request for permission to inspect shall include (i) the specific date or dates such inspection is proposed to be made; (ii) the name of the entity entering the property; (iii) the number of persons for whom permission is sought; (iv) the purpose for which entry is made; and (v) the testing, appraisals, or examinations to be performed and other actions to be taken.
3. If a request for permission is provided in accordance with subdivision 1, the Commissioner or his duly authorized officer, agent, or employee may enter the property sooner than the 30 days indicated in the request only if the owner provides permission, in writing, to enter on an earlier date.
C. If the owner's written permission is not received within
15 days of the request for permission, then the Commissioner shall provide
notice of intent to enter. Notice of intent to enter shall be sent to the owner
by certified mail and be (i) posted at the entryway to the property or at the
front door or such other door that appears to be the main entrance of the
residence or business located on the parcel upon which the property to be
entered is located, if the parcel contains a residence or business; (ii)
delivered by guaranteed overnight courier; or (iii) otherwise delivered to the
owner in person with evidence of receipt. The notice of intent to enter shall
include a copy of the request for permission to inspect and shall be made not
less than 15 days prior to the date of intended entry. The notice of intent to
enter shall include (a) the specific date or dates of such intended entry; (b)
the name of the entity entering the property; (c) the number of persons
intending to enter the property; (d) the purpose for which entry is made; and
(e) the testing, appraisals, or examinations to be performed and other actions
to be taken, which in no way shall exceed those set forth in the request for
permission pursuant to subdivision B 2. Notice of intent to enter shall be
deemed made on the earlier of (1) the date of mailing, if mailed, or (2) the
date of delivery or posting. Any individuals entering the property shall carry
identification and shall present such identification upon request of the
landowner or his authorized representative.
D. Any entry authorized by this section (i) shall be
for the purpose of making surveys, tests, appraisals, or examinations thereof
in order to determine the suitability of such property for the project and (ii)
shall not be deemed a trespass.
E. D. The Commissioner shall make reimbursement
for any actual damages resulting from entry upon the property. In any action
filed under this section, the court may award the owner his reasonable (i)
attorney fees, (ii) court costs, and (iii) fees for up to three experts or as
many experts as are called by the condemnor, whichever is greater, who
testified at trial if the court finds that the Commissioner damaged the owner's
property. A proceeding under this subsection shall not preclude the owner from
pursuing any additional remedies available at law or equity.
F. E. The requirements of this section shall not
apply to the practice of land surveying, as defined in §54.1-400, when such surveying
is not involved in any eminent domain or any proposed eminent domain matter.
