Agencies | Governor
Virginia Regulatory Town Hall
Agency
Department of Transportation
Board
Department of Transportation

General Notice
Solicitation of Public Comment Concerning Development of Schedule of Reimbursement for Real Estate Appraisals of Property Acquired by VDOT for Transportation Purposes
Date Posted: 6/18/2007
Expiration Date: 7/23/2007
Submitted to Registrar for publication: YES
No comment forum defined for this notice.

The Virginia Department of Transportation (VDOT) plans to develop a Schedule of Reimbursement in accordance with provisions set out in § 25.1-417.1 of Chapter 895 of the 2007 Acts of Assembly concerning real estate appraisals of property acquired by VDOT for transportation purposes. 

 

Whenever the Department of Transportation and an owner disagree concerning the acquisition of private property and the Department of Transportation lawfully files a Certificate of Deposit/Certificate of Take, if authorized to do so, or files a Petition in Condemnation, the owner shall be entitled to partial payment for the cost of preparation of one written self contained or summary appraisal report as referenced in and that complies with the requirements of the Uniform Standards of Professional Appraisal Practice at that time whenever (i) the offer by the Department of Transportation exceeds $250,000 or (ii) the owner contends, in a responsive pleading filed by the owner, or other written form, that just compensation for the land and interests described in said Certificate or Petition in Condemnation exceeds $250,000. The amount of payment depends on the type of appraisal provided and shall not exceed $10,000.

 

The amount of payment shall be based upon a schedule developed by the Department of Transportation, taking into consideration factors it deems appropriate including, but not limited to the type of acquisition—whole or partial; the complexity of the appraisal (residential, commercial, industrial, agricultural or other); the location of the property within the Commonwealth; the zoning of the property, or its reasonably probable and imminent potential for rezoning.

 

Chapter 895 also provides that VDOT shall promulgate the Schedule of Reimbursement described above by October 1, 2007 to become effective that day. Finally, under the provisions of Chapter 895, this schedule is not subject to the requirements of the Administrative Process Act (§ 2.2-4000 et seq.), but public participation must be utilized by VDOT to receive comments and suggestions before the VDOT adopts the schedule.  No formal public hearing will be held concerning the schedule prior to its adoption by VDOT.

Contact Information
Name / Title: Michael McCall  / Chief Appraiser
Address: Right of Way & Utilities Div., 1401 E. Broad St.
Richmond, 23219
Email Address: Michael.McCall@VDOT.Virginia.gov
Telephone: (804)786-3029    FAX: (804)786-1706