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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.


An Examination of Alternatives to Virginia's Condemnation Procedures
Michael A. Perfater
Year: 1989
VTRC No.: 89-R19
Abstract: 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.