25.1-210 - Service of notice by order of publication; mailing copy of notice by publication.

§ 25.1-210. Service of notice by order of publication; mailing copy of noticeby publication.

A. Upon the filing of an affidavit by a duly authorized officer, agent orattorney for the petitioner stating that he believes any owner cannot bepersonally served because after diligent inquiry within the Commonwealth suchowner's place of residence cannot be ascertained or, if ascertained, that itis not within this Commonwealth, service of the notice may be made on suchowner by an order of publication. Such order shall be published in anewspaper published in the county or city where the property or major portionthereof is located, or if there is no such newspaper then in a newspaperhaving a general circulation in such city or county, once a week for not lessthan two successive calendar weeks and shall be posted on the front door ofthe courthouse within 10 days after the entry of the order of publication.Unknown owners who may have an interest in the property may be served byorder of publication in like manner addressed to "Unknown Owners." Theclerk shall mail a copy of the notice by publication to any owner who cannotbe personally served but whose place of residence is then known.

B. The provisions of this section and § 25.1-211 shall apply only to ordersof publication in condemnation actions.

(Code 1919, § 4365; Code 1950, § 25-11; 1962, c. 426, § 25-46.10; 1982, c.384; 2003, c. 940.)