Thank you for allowing me to testify here today in support of HB1401 on behalf of the County.
HB1401 proposes a small but important technical change to VA Code on Eminent Domain. A bill passed last year made various amendments to this code, including the requirements for conveying information to property owners in the event of a Certificate of Take; with the intent of ensuring the property owners were fairly and clearly informed of property impacts.
The issue is that one of the provisions requires the information to be presented in a “plat, drawing or plan” and following a strict literal interpretation of the law requires a condemnor to provide the information in only one of these document formats. Each format is best suited to convey different property and project information and when putting it into a different document type, makes the information more difficult to understand. This creates instances where following the letter of the law conflicts with the intent of the law. In addition, this adds complications in the recordation of plats because they contain information typically included.
HB1401 simply clarifies that the condemnor may provide the information in one or more plat, drawing, or plans, and removes a technical barrier in the process while preserving the intent of the code. Thank you for your consideration.
Thank you for allowing me to testify here today in support of HB1401 on behalf of the County. HB1401 proposes a small but important technical change to VA Code on Eminent Domain. A bill passed last year made various amendments to this code, including the requirements for conveying information to property owners in the event of a Certificate of Take; with the intent of ensuring the property owners were fairly and clearly informed of property impacts. The issue is that one of the provisions requires the information to be presented in a “plat, drawing or plan” and following a strict literal interpretation of the law requires a condemnor to provide the information in only one of these document formats. Each format is best suited to convey different property and project information and when putting it into a different document type, makes the information more difficult to understand. This creates instances where following the letter of the law conflicts with the intent of the law. In addition, this adds complications in the recordation of plats because they contain information typically included. HB1401 simply clarifies that the condemnor may provide the information in one or more plat, drawing, or plans, and removes a technical barrier in the process while preserving the intent of the code. Thank you for your consideration.