25.1-248 - Dismissal of proceedings prior to trial on issue of just compensation. - Virginia Statutes

§ 25.1-248. Dismissal of proceedings prior to trial on issue of justcompensation.

If a hearing has not begun in the trial of the issue of just compensation forthe taking or damaging of property and the petitioner has not alreadyacquired the title or a lesser interest or estate in, or taken possession of,such property, the petitioner may upon motion obtain, as a matter of right,an order dismissing the proceeding as to such property. Such order shall alsoprovide, except as may be provided otherwise in a settlement by agreement ofthe parties, that the petitioner shall pay such owner or owners theirreasonable expenses that have been actually incurred by them in preparing forthe trial on the issue of just compensation, in such amounts as the courtdeems just and reasonable.

(Code 1919, § 4387; 1934, p. 514; Code 1950, § 25-22; 1962, c. 426, §25-46.34; 1972, c. 742; 2003, c. 940.)