§ 2.3. Eminent domain.

The powers of eminent domain set forth in Title 15.1, Title 25, Chapter 1.1 and Title 33, Chapter 1, of the Code of Virginia, as amended, and all acts amendatory thereof and supplemental thereto, mutatis mutandis, are hereby conferred upon the Town of Culpeper.

(a)

In any case in which a petition for condemnation is filed by or on behalf of the town, a true copy of a resolution or ordinance duly adopted by the town council declaring the necessity for any taking or damaging of any property, within or without the town, for the public purposes of the town, shall be filed with the petition and shall constitute sufficient evidence of the necessity of the exercise of the powers of eminent domain by the town. The town may employ the procedures conferred by the foregoing laws, mutatis mutandis, and may, in addition thereto, proceed as hereinafter provided.

(b)

Certificates issued pursuant to Sections 33-70.3 to 33-70.11, inclusive, Code of Virginia, as amended, and acts amendatory thereof and supplemental thereto, may be issued by the town council, signed by the mayor and countersigned by the town treasurer. Such certificate shall have the same effect as certificates issued by the state highway commissioner, under the aforesaid laws, and may be issued in any case in which the town proposes to acquire property of any kind by the exercise of its powers of eminent domain for any lawful public purpose, whether within or without the town; provided, that the provisions of Sections 33-70.1 through 33-70.11, inclusive, Code of Virginia, as amended shall not be used except for the acquisition of lands or easements necessary for streets, water, sewer or utility pipes or lines or related facilities.

(c)

In addition to the powers conferred by the aforesaid laws, such certificates may be amended or cancelled by the court having jurisdiction of the proceedings, upon petition of the town, at any time after the filing thereof; provided, that the court shall have jurisdiction to make such order for the payment of costs and damages, if any, or the refund of any excessive sums theretofore paid pursuant to such certificate as shall, upon due notice and hearing, appear just. The court shall have jurisdiction to require refunding bonds, for good cause shown by the town or any other person or party in interest, prior to authorizing any distribution of funds pursuant to any certificate issued or deposit made by the town.

Editor's note— Title 15.1 of the Code of Virginia was superseded by Title 15.2 and Title 33 of the Code of Virginia was superseded by Title 33.1. Specifically, §§ 33-70.1 through 70.11 were superseded by §§ 33.1-119 through 129.The office of state highway commissioner is now the office of commonwealth transportation commissioner.

State Law reference— Condemnation proceedings generally, chapters 11 and 19 of Title 15.2; Virginia General Condemnation Act, § 25-46.1 et seq.; condemnation by localities, § 25-232.01; and eminent domain and damages, § 33.1-89 et seq.

State law reference

Condemnation proceedings generally, chapters 11 and 19 of Title 15.2; Virginia General Condemnation Act, § 25-46.1 et seq.; condemnation by localities, § 25-232.01; and eminent domain and damages, § 33.1-89 et seq.

Editor's note

Title 15.1 of the Code of Virginia was superseded by Title 15.2 and Title 33 of the Code of Virginia was superseded by Title 33.1. Specifically, §§ 33-70.1 through 70.11 were superseded by §§ 33.1-119 through 129.The office of state highway commissioner is now the office of commonwealth transportation commissioner.