25.1-420 - Reimbursement of owner for costs incurred in inverse condemnation proceeding. - Virginia Statutes

§ 25.1-420. Reimbursement of owner for costs incurred in inverse condemnationproceeding.

If a declaratory judgment proceeding is instituted pursuant to § 8.01-187 bythe owner of any right, title or interest in real property because of use ofhis property in any program or project undertaken by a state agency, andeither (i) the court renders a judgment for the plaintiff in such proceedingand awards compensation for the taking of property or (ii) the AttorneyGeneral effects a settlement of any such proceeding in which the Commonwealthis a party, the court or Attorney General, as appropriate, shall determineand award or allow to such plaintiff, as a part of such judgment orsettlement, such sum as will, in the opinion of the court or the AttorneyGeneral, as the case may be, reimburse such plaintiff for his reasonablecosts, disbursements and expenses, including reasonable attorney, appraisaland engineering fees, actually incurred because of such proceeding.

(1972, c. 738, § 25-251; 2003, c. 940.)