Condemnation Procedure Alternatives for Virginia

Report No: 72-R14

Published in 1972

About the report:

Fifty-four judges were interviewed and at least one judge in each of the forty judicial circuits was questioned. Some of the observations on the present procedure were as follows: (1) a substantial number of judges were dissatisfied with the procedure, (2) a majority of the judges believed that the commissioners based their awards on considerations other than fair market value, and (3) a number of judges expressed the opinion that awards were generally high. Observations on alternative were that (1) the judges overwhelmingly opposed the use of regular civil juries in condemnation cases; (2) while only 13 judges were asked about the matter, most of those commenting did not consider the proposed requirement that jurors be freeholders to be significant in changing the character of the jury, and (3) a majority of judges indicated an interest in and support for the selection of commissioners by a committee and the drawing of commissioners by lot for each case.

Disclaimer Statement:The contents of this report reflect the views of the author(s), who is responsible for the facts and the accuracy of the data presented herein. The contents do not necessarily reflect the official views or policies of the Virginia Department of Transportation, the Commonwealth Transportation Board, or the Federal Highway Administration. This report does not constitute a standard, specification, or regulation. Any inclusion of manufacturer names, trade names, or trademarks is for identification purposes only and is not to be considered an endorsement.

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Dennis G. Merrill

Last updated: February 8, 2024

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