VirginiaHB14012026 Regular SessionHouseWALLET

Eminent domain; certificate of take, description of property.

Sponsored By: Margaret A. Franklin (Democratic)

Became Law

Summary

Eminent domain; certificate of take; description of property. Clarifies that a certificate of take in any eminent domain matter may include a combination of one or more plats, drawings, or plans to provide the description of the property being taken as required by law.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 2 benefits, 0 costs, 0 mixed.

Clearer highway taking notices for owners

For highway projects, the Commissioner of Highways must describe the land or interest taken and name the owner if known. For easements, the certificate must describe the rights and the purpose. Plans with specs, elevations, any grade changes, area sizes, overlaps, and the public use project must be included. For a temporary construction easement, the certificate states the calendar end date if known; if not, the Commissioner later files the date and gives the owner or the owner’s lawyer a copy. The Commissioner must record the certificate in the deed book, and the clerk indexes it under the prior owner and the Commissioner of Highways.

Clearer taking notices for property owners

The law requires condemnors to clearly describe the land and rights taken, and to name the owner if known. For easements, they must explain the specific rights and why they are needed. They must attach plats, drawings, or plans that show the work in detail, including specs, elevations, and any grade changes. The certificate must state the size of the fee or easement area and show any overlapping and non-overlapping areas. It must also state the public use project. For a temporary construction easement, the certificate lists the calendar end date if known; if not, the condemnor later files the date and gives the owner or the owner’s lawyer a copy. The condemnor must record the certificate in the deed book, and the clerk indexes it under the prior owner and the condemnor.

Sponsors & Cosponsors

Sponsor

  • Margaret A. Franklin

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 389 • No: 8

House vote 3/12/2026

Senate substitute agreed to by House

Yes: 92 • No: 2

Senate vote 3/11/2026

Passed Senate with substitute Block Vote

Yes: 39 • No: 0

Senate vote 3/11/2026

Courts of Justice Substitute agreed to

Yes: 0 • No: 0

Senate vote 3/11/2026

Passed Senate with substitute Block Vote

Yes: 40 • No: 0

Senate vote 3/11/2026

Reconsideration of Senate passage agreed to by Senate Block Vote

Yes: 40 • No: 0

Senate vote 3/10/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/10/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 3/9/2026

Reported from Courts of Justice with substitute

Yes: 15 • No: 0

House vote 2/17/2026

Read third time and passed House

Yes: 93 • No: 4

House vote 2/11/2026

Reported from Courts of Justice

Yes: 21 • No: 1

House vote 2/4/2026

Subcommittee recommends reporting

Yes: 9 • No: 1

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0841)

    4/13/2026Governor
  2. Approved by Governor-Chapter 841 (effective 7/1/2026)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (HB1401)

    4/1/2026House
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  5. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026House
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed House and Senate (HB1401ER)

    3/30/2026House
  8. Enrolled

    3/30/2026House
  9. Signed by President

    3/30/2026Senate
  10. Senate substitute agreed to by House (92-Y 2-N 0-A)

    3/12/2026House
  11. Passed Senate with substitute Block Vote (40-Y 0-N 0-A)

    3/11/2026Senate
  12. Reconsideration of Senate passage agreed to by Senate Block Vote (40-Y 0-N 0-A)

    3/11/2026Senate
  13. Passed Senate with substitute Block Vote (39-Y 0-N 0-A)

    3/11/2026Senate
  14. Courts of Justice Substitute agreed to

    3/11/2026Senate
  15. Engrossed by Senate - committee substitute

    3/11/2026Senate
  16. Read third time

    3/11/2026Senate
  17. Passed by for the day Block Vote (Voice Vote)

    3/10/2026Senate
  18. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    3/10/2026Senate
  19. Rules suspended

    3/10/2026Senate
  20. Committee substitute printed 26108619D-S1

    3/9/2026Senate
  21. Senate committee offered

    3/9/2026Senate
  22. Reported from Courts of Justice with substitute (15-Y 0-N)

    3/9/2026Senate
  23. Referred to Committee for Courts of Justice

    2/18/2026Senate
  24. Constitutional reading dispensed (on 1st reading)

    2/18/2026Senate
  25. Read third time and passed House (93-Y 4-N 0-A)

    2/17/2026House

Bill Text

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