25.1-209 - Notice of filing of petition.
§ 25.1-209. Notice of filing of petition.
A. Upon the filing of a petition for condemnation, the petitioner shall givethe owners 21 days' notice of the filing of such petition and of itsintention to apply to the court to ascertain just compensation for theproperty to be taken or affected as a result of the taking and use by thepetitioner of the property to be so acquired.
B. The notice, along with a copy of the petition, shall be served on theowners. In such notice, the petitioner shall give notice that an answer andgrounds of defense shall be filed setting forth any objection or defense tothe taking or damaging of his property or to the jurisdiction of the court tohear the case and to elect to proceed with either the appointment ofcommissioners or empanelment of a jury for the determination of such justcompensation.
C. The notice may also include notice of the petitioner's application for theright of entry as provided in § 25.1-223, if such application is included inthe petition as authorized by § 25.1-207.
D. A copy of the notice required to be served on the owners by this sectionalso shall be served in the same manner upon any tenant entitled toparticipate in the proceeding pursuant to § 25.1-234, whose lease has beenduly recorded or whose tenancy is actually known to the petitioner. However,a tenant so notified may participate in the proceeding only as permitted by §25.1-234.
E. In addition to any other notice required to be served pursuant to thissection, in any proceeding instituted by the Commonwealth TransportationCommissioner under this title or Title 33.1, a copy of the notice of thefiling of the petition also shall be served, in the same manner as suchnotice is served upon owners, upon any person owning structures orimprovements for which an outdoor advertising permit has been issued by theCommonwealth Transportation Commissioner pursuant to § 33.1-360.
(Code 1919, § 4365; Code 1950, § 25-10; 1962, c. 426, § 25-46.9; 1975, c.189; 1991, c. 520; 2000, c. 1029; 2003, c. 940; 2006, c. 586; 2010, c. 835.)