VirginiaSB7792026 Regular SessionSenateWALLET

Eminent domain; condemnation proceedings, entry of order and recordation of certificate.

Sponsored By: Mark D. Obenshain (Republican)

Became Law

Summary

Eminent domain; condemnation proceedings; entry of order and recordation of certificate; disbursement of funds by circuit court clerk. Provides that the clerk of a circuit court shall, upon entry of an order in a condemnation proceeding and unless otherwise directed, promptly disburse any just compensation in the amount specified in such order and any interest accrued. The bill provides that the clerk shall disburse such funds no later than seven business days after the entry of the order or the receipt of the sum that such order directs the clerk to disburse, whichever is later. The bill also provides that counsel in a condemnation action may request, and the clerk, sheriff, or other person responsible for notifying jurors to appear in court for a trial shall make available, a copy of the jury panel to be used for such trial. The bill also requires that on the same day the certificate is recorded in the land records, it shall also be filed with the clerk.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Relocation payments and faster pay in takings

If a state agency buys property for a project and that move displaces you, the agency must pay fair relocation costs. It must pay actual reasonable moving costs for you and your property. It must pay direct losses of tangible personal property from moving or closing a business or farm (up to what it would cost to move it). It must pay reasonable search costs for a new business or farm site, and up to $25,000 to reestablish a displaced farm, nonprofit, or small business. When a court order tells the clerk to pay just compensation, the clerk must pay the money and any interest within seven business days after the later of the order date or when the clerk gets the money, unless the order says otherwise.

Billboard permit holders treated as owners

In highway condemnation cases by the Commissioner of Highways, owners of structures with an outdoor advertising permit are treated as owners. This gives permit holders the owner rights that apply in those cases.

Clearer records for property takings

Certificates for takings must clearly describe the property rights being taken, name the owner if known, and state the public project. They must include a detailed plat or plan showing sizes of areas, specifications, elevations, and any grade changes. For temporary construction easements, the certificate must list the end date or later file and send the end date to the owner when known. The condemnor must record the certificate in the deed book; the clerk must index it under both the owner and condemnor, then file it the same day and assign one case number for all related filings. Beginning July 1, 2026, these content and recording rules apply to petitions filed or certificates recorded on or after that date, including highway projects.

New rules for condemnation juries

Courts use the standard civil jury‑selection rules and the existing random selection process for condemnation cases. The jury commissioner checks freeholder status using tax rolls or other reliable data. If counsel asks, they get the jury panel at least 10 full business days before trial, with 30 to 75 freeholders and each person’s name, age, address, job, employer, and freeholder confirmation. The judge randomly draws 13 jurors; each side gets four peremptory strikes; all jurors and alternates must be freeholders. Trials use a five‑person jury and can proceed with fewer only if all parties agree, but never fewer than three; jury decisions may be by majority, not unanimous.

Sponsors & Cosponsors

Sponsor

  • Mark D. Obenshain

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 357 • No: 0

House vote 3/4/2026

Passed House Block Vote

Yes: 97 • No: 0

House vote 3/4/2026

Passed House Block Vote

Yes: 99 • No: 0

House vote 3/2/2026

Reported from Courts of Justice

Yes: 22 • No: 0

House vote 2/23/2026

Subcommittee recommends reporting

Yes: 10 • No: 0

Senate vote 2/16/2026

Read third time and passed Senate Block Vote

Yes: 39 • No: 0

Senate vote 2/16/2026

Courts of Justice Amendments agreed to

Yes: 0 • No: 0

Senate vote 2/16/2026

Constitutional reading dispensed Block Vote (on 3rd reading)

Yes: 39 • No: 0

Senate vote 2/13/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/13/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 36 • No: 0

Senate vote 2/11/2026

Reported from Courts of Justice with amendments

Yes: 15 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0954)

    4/13/2026Governor
  2. Approved by Governor-Chapter 954 (effective 7/1/2026)

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

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB779)

    3/12/2026Senate
  6. Bill text as passed Senate and House (SB779ER)

    3/10/2026Senate
  7. Enrolled

    3/10/2026Senate
  8. Signed by President

    3/10/2026Senate
  9. Signed by Speaker

    3/10/2026House
  10. Passed House Block Vote (99-Y 0-N 0-A)

    3/4/2026House
  11. Reconsideration of passage agreed to by House

    3/4/2026House
  12. Passed House Block Vote (97-Y 0-N 0-A)

    3/4/2026House
  13. Read third time

    3/4/2026House
  14. Read second time

    3/3/2026House
  15. Reported from Courts of Justice (22-Y 0-N)

    3/2/2026House
  16. Fiscal Impact Statement from Department of Planning and Budget (SB779)

    2/24/2026Senate
  17. Subcommittee recommends reporting (10-Y 0-N)

    2/23/2026House
  18. Read first time

    2/20/2026House
  19. Assigned HCJ sub: Civil

    2/20/2026House
  20. Referred to Committee for Courts of Justice

    2/20/2026House
  21. Placed on Calendar

    2/20/2026House
  22. Read third time and passed Senate Block Vote (39-Y 0-N 0-A)

    2/16/2026Senate
  23. Constitutional reading dispensed Block Vote (on 3rd reading) (39-Y 0-N 0-A)

    2/16/2026Senate
  24. Courts of Justice Amendments agreed to

    2/16/2026Senate
  25. Blank Action

    2/16/2026Senate

Bill Text

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