25.1-107 - Condemnation of lands within adopted conservation or redevelopment plans.
§ 25.1-107. Condemnation of lands within adopted conservation orredevelopment plans.
A. After the adoption of a conservation or redevelopment plan pursuant toArticle 7 (§ 36-48 et seq.) of Chapter 1 of Title 36, should any propertylocated within the area of the conservation or redevelopment plan bedownzoned without the expressed consent of the property owner and should thelocality initiate condemnation proceedings against that owner after any suchdownzoning, the date of valuation shall be the date of adoption of theconservation or redevelopment plan. However, if the owner of the property onthe date of the downzoning no longer owns the property on the datecondemnation proceedings are initiated, then the date of valuation shall bethe date of the filing of the petition for a condemnation or a certificatepursuant to Chapter 3 of this title, as the case may be.
B. If property located within a conservation or redevelopment plan adoptedpursuant to Article 7 (§ 36-48 et seq.) of Chapter 1 of Title 36 wasdownzoned without the expressed consent of the property owner within a periodof five years prior to the adoption of the conservation or redevelopment planand if such downzoning was not part of a comprehensive rezoning of thelocality, then, if the locality should initiate condemnation proceedingswithin five years after the adoption of the conservation or redevelopmentplan against the same owner who owned the property at the time of thedownzoning, the date of valuation shall be the day before the date theproperty was downzoned. However, if the owner of the property on the datecondemnation proceedings are initiated is not the same owner on the date theproperty is downzoned, then the date of valuation shall be the date of thefiling of a petition for condemnation or a certificate pursuant to Chapter 3(§ 25.1-300 et seq.) of this title, as the case may be.
C. Where the date of valuation in condemnation proceedings governed by thissection predates the date of any downzoning action, the locality mayintroduce into evidence before the body determining just compensation theestimated difference between the amount of real estate taxes that the ownerwould have paid had the downzoning not occurred and the amount of real estatetaxes assessed against the property since the date of the downzoning and thebody determining just compensation may offset the award by that amount.
(2004, c. 540.)