25.1-249 - Dismissal of proceedings after commencement of trial on issue of just compensation. - Virginia Statutes

§ 25.1-249. Dismissal of proceedings after commencement of trial on issue ofjust compensation.

At any time after a hearing has begun in the trial of the issue of justcompensation for the taking or damaging of any property or property interest,if the petitioner has not already acquired title or a lesser interest in, ortaken possession of, such property, or paid the amount of just compensationinto court, and before the time for noting an appeal from any final orderupon a report of just compensation, the petitioner may, upon motion, obtainas a matter of right an order dismissing the proceedings as to such property.Such order shall also provide that the petitioner shall pay such owner orowners for the following expenses that have been actually incurred by them insuch amounts as the court deems just and reasonable: (i) an attorney's fee;(ii) witness fees, including reasonable fees of not more than three expertwitnesses; and (iii) other reasonable expenses and compensation for timespent as a result of the condemnation proceedings. If any such expenses arenot paid within 30 days of the entry of such order, judgment therefor shallbe entered against the petitioner.

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