The court in which a condemnation proceeding is instituted by a state agency to acquire real property by condemnation shall award the owner of any right, title, or interest in such real property such sum as will, in the opinion of the court, reimburse such owner for his reasonable costs, disbursements, and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of the condemnation proceedings, if (i) the final judgment is that the state agency cannot acquire the real property by condemnation or (ii) the taking is abandoned by the state agency, in full or in part. The award of such sums shall be paid by the state agency that sought to condemn the property.
Va. Code Ann. § 25.1-419
Reimbursement of owner for costs when taking is abandoned or denied
Applied in 2 court decisions — leading case Norfolk Redevelopment & Housing Authority v. C & C Real Estate, Inc. (2007)
Most recently applied in 91 Va. Cir. 16 - City of Chesapeake v. KH HR Two Great Bridge, L.L.C. (June 2015)
1972, c. 738, § 25-250; 2003, c. 940; 2019, c. 788.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.