SB 1158 Virginia Senate · 2025 Regular Session

Eminent domain; condemnation proceedings.

Summary
Eminent domain; condemnation proceedings. Makes various changes to provisions governing eminent domain, primarily relating to procedures in condemnation proceedings and the transfer of a defeasible title by certificate. The bill specifies that, in a condemnation proceeding initiated by an authorized condemnor or the Commissioner of Highways, a certificate transferring a defeasible title shall include certain information describing the property and any rights to the property being taken or damaged. Finally, the bill repeals the requirement that the court refer a matter initiating a condemnation proceeding to a dispute resolution orientation.
Bill status signed all 5 stages cleared
Introduction
Jan 2025
Committee Review
Feb 2025
Senate Passage
Apr 2025
House of Delegates Passage
Apr 2025
Signed into Law
Apr 2025
Introduced Jan 7, 2025 Signed Apr 2, 2025
Maddy AI version diff · 4 comparisons

What changed between versions

Courts of Justice Substitute Chaptered · 6 edits
MODERATE
This bill amends Virginia's eminent domain and condemnation laws to modernize procedures for property acquisition, improve transparency in title examinations, and clarify compensation standards. The changes affect how government entities must offer fair market value before taking property, require more detailed title reports, and establish clearer timelines for filing condemnation proceedings.
Scope change
The bill applies to property takings occurring on or after July 1, 2025, with new purchase offer requirements applying to offers made on or after January 1, 2026. It affects state agencies, public service companies, railroads, and government utility corporations exercising eminent domain powers.
REQUIREMENT

Title examination requirements now mandate at least 60 years of title history review with full disclosure of liens and encumbrances to property owners before making acquisition offers.

Written purchase offers must now include a complete copy of all appraisals obtained before making an offer, ensuring owners have full information about valuation basis.

Certificates of take and deposit must include more detailed plats and drawings showing existing structures within 100 feet of taken property to inform owners of project impact.

TIMELINE

Condemnation proceedings must be instituted within 100 days of certificate recordation (reduced from 180 days) when agreement on compensation cannot be reached.

ELIGIBILITY

Owners are now entitled to reimbursement for attorney fees and filing costs when they petition the court to determine just compensation under specific circumstances.

DEFINITION

Clarified that tax assessments cannot be used as proof of value in eminent domain proceedings, ensuring fair market value is determined independently.

Floor votes · Senate Jan 30, 2025 · House of Delegates Feb 19, 2025

How they voted

400
Passed
Total votes 40
Jan 30, 2025
D Democratic21
21 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
45
Key actions
15
Committee
7
Amendments
3
Apr 2, 2025
Signed into law
Governor's recommendation adopted
executive
Apr 2, 2025
Lower · Passed
House concurred in Governor's recommendation (96-Y 0-N)
lower
Apr 2, 2025
Upper · Passed
Senate concurred in Governor's recommendation (40-Y 0-N)
upper
Mar 24, 2025
Vetoed
Governor's recommendation received by Senate
executive
Mar 10, 2025
Upper · Passed
Signed by President
upper
Mar 7, 2025
Lower · Passed
Signed by Speaker
lower
Mar 7, 2025
Upper · Passed
Bill text as passed Senate and House (SB1158ER)
upper
Feb 20, 2025
Upper · Passed
House Amendments agreed to by Senate (39-Y 0-N)
upper
Feb 19, 2025
Lower · Passed
Passed House with amendments (97-Y 0-N)
lower
Feb 19, 2025
Introduced
Engrossed by House as amended
lower
Feb 19, 2025
Lower · Passed
Courts of Justice Amendments agreed to
lower
Feb 14, 2025
Lower · Passed
Reported from Courts of Justice with amendment(s) (21-Y 0-N)
lower
Feb 5, 2025
Lower · Passed
Subcommittee recommends reporting (7-Y 1-N)
lower
Feb 4, 2025
Committee
Assigned Courts sub: Civil
lower
Feb 4, 2025
Committee
Referred to Committee for Courts of Justice
lower
Jan 30, 2025
Upper · Passed
Passed Senate (40-Y 0-N)
upper
Jan 29, 2025
Upper · Passed
Passed by for the day
upper
Jan 28, 2025
Upper · Passed
Reported from Finance and Appropriations (15-Y 0-N)
upper
Jan 22, 2025
Upper · Passed
Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations (15-Y 0-N)
upper
Jan 7, 2025
Committee
Referred to Committee for Courts of Justice
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Mark Obenshain
Mark Obenshain
RRepublican
VA
2