25.1-206 - Petition for condemnation.
§ 25.1-206. Petition for condemnation.
The petition for condemnation shall contain:
1. A caption wherein the person vested by law with power to exercise theright of eminent domain shall be the petitioner, and the named defendantsshall be at least one of the owners of some part of or an interest in theproperty to be taken or damaged, and the property to be taken designatedgenerally by kind, quantity and location.
2. Short and plain statements of the following:
a. The authority for the taking;
b. The necessity for the work or improvements to be made;
c. The public uses for which the property is to be taken;
d. A description of the work or improvements to be made; and if (i) only aportion of the property is to be taken or (ii) any other property will or islikely to be damaged as the result of the taking, a plat, drawing or plan, insufficient detail to disclose fairly the nature of such work or improvements,including specifications, elevations and grade changes, if any, so as toenable the owner of such property to be reasonably informed of the nature,extent and effect of such taking and the construction and operation of suchworks and improvements, shall be attached as an exhibit to the petition;
e. The estate, interest or rights in the property to be taken;
f. A description of the property to be taken sufficient for itsidentification and a plan or plat of the land to be taken shall be attachedas an exhibit to the petition;
g. As to each separate piece of property to be taken or damaged, the namesand residences, so far as known by petitioner, of the defendants who arejoined as owners of the property, or of some interest therein, if their nameshave been ascertained by a reasonably diligent search of the records,considering the character and value of the property involved and theinterests to be acquired, or if their names have otherwise been learned; andif the names of other persons or classes of persons to be joined as owners ofthe property are unknown, such persons may be made defendants under thedesignation of "Unknown Owners";
h. Compliance with the provisions of § 25.1-204 and the manner of suchcompliance; and
i. Where applicable, compliance with the provisions of § 25.1-102 and themanner of such compliance.
3. A prayer asking for judgment (i) that the property or the estate, interestor rights therein be condemned and the title thereto vested in thepetitioner, (ii) that just compensation be ascertained as provided in §25.1-230 and awarded, and (iii) for such other relief as may be lawful andproper.
4. The petition shall be verified by affidavit of a duly authorized officer,agent or attorney for the petitioner.
5. The petitioner shall furnish the clerk one copy of the petition and allexhibits thereto and such additional copies of the petition as may reasonablybe needed by the clerk or any defendant.
(Code 1919, § 4364; Code 1950, §§ 25-8, 25-9; 1962, c. 426, § 25-46.7; 1980,c. 441; 1981, c. 316; 1991, c. 520; 2003, c. 940.)