25.1-230 - Measure of just compensation; oaths of members of body determining just compensation.
§ 25.1-230. Measure of just compensation; oaths of members of bodydetermining just compensation.
A. The body determining just compensation shall in each case ascertain theamount of just compensation to which a party is entitled as follows:
1. If the condemnation proceeding is brought utilizing the procedure setforth in Chapter 3 (§ 25.1-300 et seq.) of this title or §§ 33.1-119 through33.1-132, the body determining just compensation shall ascertain the value ofthe property to be taken and the damages, if any, which may accrue to theresidue beyond the enhancement in value, if any, to such residue by reason ofsuch taking and use by the petitioner, however, (i) such enhancement in valueshall not be offset against the value of the property taken, and (ii) if suchenhancement in value shall exceed the damage, there shall be no recoveryagainst the landowner for such excess; and
2. In any other condemnation proceeding, the body determining justcompensation shall ascertain the value of the property to be taken and thedamages, if any, to any other property beyond the peculiar benefits, if any,to such other property, by reason of such taking and use by the petitioner.
B. Before executing their duties, each member of the body determining justcompensation shall take an oath before an officer authorized by the laws ofthis Commonwealth to administer an oath that he will faithfully andimpartially ascertain the amount of just compensation to which a party isentitled.
(Code 1919, §§ 4366, 4367; 1928, p. 334; 1948, p. 168; Code 1950, §§ 25-12,25-16; 1962, c. 426, § 25-46.20; 1968, c. 535; 1973, c. 510; 1974, c. 625;1975, c. 551; 1991, c. 520; 1993, c. 906; 1997, c. 58; 2000, c. 1029; 2003,c. 940.)