25.1-227.2 - Empanelment of commissioners. - Virginia Statutes

§ 25.1-227.2. Empanelment of commissioners.

A. The parties to the eminent domain proceeding may agree upon five or ninepersons qualified to act as commissioners, as provided in subsection B of §25.1-227.1.

B. If the parties cannot agree upon five or nine qualified persons to act ascommissioners, then each party shall present to the court a list containingthe names of at least six qualified persons. If any party fails to submitsuch a list of names, the court may, in its discretion, submit such a list onsuch party's behalf.

C. From the lists submitted pursuant to subsection B, the court shall selectthe names of nine potential commissioners and at least two alternates. Atleast one week prior to their service, such persons shall be summoned toappear.

D. If nine qualified persons are selected, the petitioner and the ownersshall each have two peremptory challenges and the remaining five shall serveas commissioners. If five qualified persons are agreed upon as provided insubsection A, they shall serve as commissioners.

E. If an owner has filed no answer to the petition, and the court finds thatthe owner is not represented by counsel, the court may, in its discretion,and subject to the right of the petitioner to challenge for cause, subpoenafive persons who shall serve as commissioners.

F. Any three or more of the five commissioners may act.

G. In condemnation proceedings instituted by the Commonwealth TransportationCommissioner, a person owning structures or improvements for which an outdooradvertising permit has been issued by the Commonwealth TransportationCommissioner pursuant to § 33.1-360 shall be deemed to be an "owner" forpurposes of this section.

(2010, c. 835.)