25.1-214 - Failure of owner to file answer and grounds of defense. - Virginia Statutes

§ 25.1-214. Failure of owner to file answer and grounds of defense.

A. The failure of any owner to file an answer and grounds of defense asprovided in § 25.1-213 shall not preclude the owner from (i) appearing on thedate set for the appointment of commissioners or the empanelment of a jury,(ii) presenting evidence as to valuation and damage, or (iii) sharing in theaward of just compensation according to his interest therein or otherwiseprotecting his rights. However, such failure shall preclude the owner fromany other defense by way of pleas in bar or otherwise, except that for goodcause shown the time for filing such answer and grounds of defense may beextended by the court.

B. If the owner fails to file an answer and grounds of defense, or if theowner files an answer and grounds of defense that fails to elect to have thedetermination of just compensation made by either commissioners or a jury,then the petitioner may elect to have the issue of just compensationdetermined by either commissioners or a jury, or by the court as provided in§ 25.1-220.

(Code 1919, § 4365; Code 1950, § 25-10; 1962, c. 426, § 25-46.9; 1975, c.189; 1991, c. 520; 2000, c. 1029; 2003, c. 940; 2006, c. 586; 2010, c. 835.)