Whenever it is determined in a declaratory judgment proceeding that a person's property has been taken or damaged within the meaning of Article I, § 11 of the Constitution of Virginia and compensation has not been paid or any action taken to determine the compensation within 60 days following the entry of such judgment order or decree, the court which entered the order or decree may, upon motion of such person after reasonable notice to the adverse party, enter a further order appointing commissioners, condemnation jurors, or the court to determine just compensation. The appointment of commissioners, condemnation jurors, or the court to decide the issue of just compensation and all proceedings thereafter shall be governed by the procedure prescribed for the condemning authority. Notwithstanding the provisions of § 25.1-100, the date of valuation in actions pursuant to this section shall be the date determined by the court to be the date the property was taken or damaged.
Va. Code Ann. § 8.01-187
Commissioners, condemnation jurors, or court to determine compensation for property taken or damaged
Applied in 15 court decisions — leading case Presley v. City of Charlottesville (2006)
Most recently applied in D.A. Realestate Investment, LLC v. City of Norfolk (January 2025)
Code 1950, § 8-581.1; 1968, c. 782; 1971, Ex
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.