2006 Code of Virginia § 25.1-102 - Condemnation of property of corporations possessing power of eminent domain

25.1-102. Condemnation of property of corporations possessing power ofeminent domain.

A. Except as provided in 15.2-1906 and 15.2-2146, no (i) corporation or(ii) electric authority created under the provisions of Chapter 54 (15.2-5400 et seq.) of Title 15.2 shall file a petition to take bycondemnation proceedings any property belonging to any other corporationpossessing the power of eminent domain, unless, after notice to all partiesin interest and an opportunity for a hearing, the State CorporationCommission shall certify that a public necessity or that an essential publicconvenience shall so require, and shall give its permission thereto; and inno event shall one corporation take by condemnation proceedings any propertyowned by and essential to the purposes of another corporation possessing thepower of eminent domain. Notwithstanding anything herein to the contrary, alocality exercising the powers granted by 15.2-2109 or 15.2-2115 shall besubject to the provisions of this section to the same extent as arecorporations, unless otherwise provided in 15.2-1906 or 15.2-2146.

B. If the State Corporation Commission gives its permission to acondemnation, the Commission shall establish for use in any condemnationproceeding whether any payment for stranded investment is appropriate and, ifso, the amount of such payment and any conditions thereof.

C. Any condemnor that is authorized to use the procedure set out in Chapter 3( 25.1-300 et seq.) of this title by a provision that incorporates suchprocedure by reference shall, in using such procedure, be subject to theprovisions of this section to the same extent as are corporations, unless theprovision specifically provides that this section shall not apply to suchcondemnor's use of such procedure.

(Code 1919, 3832; 1996, c. 619, 25-233; 1999, cc. 484, 531; 2003, c. 940.)