An Examination of Alternatives to Virginia's Condemnation Procedures

Report No: 89-R19

Published in 1989

About the report:

The study examined the condemnation process in the Virginia Department of Transportation (VDOT) by collecting information from attorneys, appraisers, judges, VDOT managers and staff, and other condemnors both within and outside Virginia. Of particular interest were alternatives that exist to the present procedure for selecting the condemnation tribunal and a determination of whether such alternatives hold promise for overcoming difficulties that may be associated with the existing system. A number of initiatives are identified that, if implemented, may result in improvements in Virginia's condemnation process. They include increasing the use of contract appraisers, especially in highly controversial cases; additional training for staff appraisers and negotiators; review of past cases in which awards were excessive; greater use of pretrial discovery; and, consideration of an alternative to the current methods for composing and selecting condemnation tribunal.

Documents

89-R19

_{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.}

Authors

Michael A. Perfater

Last updated: December 28, 2023