25.1-312 - Reformation, alteration, revision, amendment or invalidation of certificate. - Virginia Statutes

§ 25.1-312. Reformation, alteration, revision, amendment or invalidation ofcertificate.

A. No reformation, alteration, revision, amendment or invalidation shall bemade to a recorded certificate for any purpose without the prior consent ofthe court wherein such certificate is recorded.

B. The court shall have jurisdiction to:

1. Reform, alter, revise, amend or invalidate, in whole or in part, anycertificate; and

2. Correct mistakes in the description of the property affected by suchcertificate, the name or names of the owner or owners in the certificate, orany other error that may exist with respect to such certificate for any otherpurpose.

C. A petition filed by the authorized condemnor with the court setting forthany error made in such certificate, or the necessity of any change therein,shall be deemed sufficient basis for the reformation, alteration, revision,amendment or invalidation in whole or in part of such certificate.

D. The court may enter an order permitting the reformation, alteration,revision, amendment or invalidation, in whole or in part, of the certificate.Such order, together with any revised certificate that may be necessary,shall be recorded in the clerk's office in the same manner required for therecordation of a certificate. The filing of any certificate pursuant to theprovisions of this section shall not alter the date of taking as establishedby the recordation of the original certificate pursuant to § 25.1-307 as toany property that is included in the amended certificate. An amendedcertificate shall not include any property not included in the originalcertificate.

E. Nothing in this section shall be construed to prohibit or preclude anyperson damaged by reason of a mistake in, or the invalidation of, acertificate from showing the damage suffered by reason of such mistake orinvalidation in a condemnation proceeding.

(2003, c. 940.)