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2023 Session

Budget Amendments - SB800 (Member Request)

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Chief Patron: Petersen
Direct Payment Rights (language only)

Item 452 #10s

Item 452 #10s

Transportation
Department of Transportation

Language

Page 541, after line 28, insert:

"S. Notwithstanding any other provision of law, in the settling of any condemnation proceedings from eminent domain takings entered into by the Virginia Department of Transportation, the Commissioner of Highways or his designees shall be enjoined from requiring landowners to waive their direct payment rights under § 25.1-247.1, Code of Virginia, as a condition of settling the condemnation action. Any request by the Department for a landowner to waive their direct payment rights shall be considered a violation of § 25.1-247, Code of Virginia, and the clerk shall not certify or record any of the condemnation materials when that prohibited waiver condition is contained therein. Any recording containing the waiver condition shall be deemed invalid."



Explanation

(This amendment prohibits the Virginia Department of Transportation and its lawyers from requiring landowners to waive their direct payment rights as a condition of settling a condemnation action. Additionally, any request to waive direct payment would be considered itself a violation of § 25.1-247, Code of Virginia.)