25.1-234 - Participation by certain tenants in proceedings to determine just compensation. - Virginia Statutes

§ 25.1-234. Participation by certain tenants in proceedings to determine justcompensation.

A. Any tenant under a lease with a term of 12 months or longer mayparticipate in the proceedings to determine just compensation to the sameextent as his landlord or the owner, if, not less than 10 days prior to thedate for the trial of the issue of just compensation, such tenant shall filehis petition for intervention, in the manner provided in § 25.1-221. Suchpetition for intervention shall include (i) a verified copy of the leaseunder which he is in possession and (ii) an affidavit by the tenant or hisduly authorized agent or attorney, stating:

1. That he claims an interest in the award; and

2. That he desires to offer admissible evidence concerning the value of theproperty being taken or damaged.

B. For the purposes of this section, the term of a tenant's lease shallinclude any renewals or extensions for which the tenant has an enforceablewritten option. The term "tenant" shall include the assignee of theoriginal tenant, as well as any sublessee of the entire demised premises ofthe owner for the full unexpired term of the sublessor.

C. Nothing in this section shall be construed, however, as authorizing suchtenant to offer any evidence in the proceedings to determine justcompensation concerning the value of his leasehold interest in the propertyinvolved therein or as authorizing the body determining just compensation tomake any such determination in formulating its report.

D. As used in this section, "proceedings to determine just compensation"means proceedings described in §§ 25.1-231, 25.1-232, and 25.1-233.

(1966, c. 512, § 25-46.21:1; 2000, c. 1029; 2003, c. 940.)