Is there a way to appeal a condemnation order?
Yes, it is possible to appeal a condemnation order in Virginia. The process begins with filing a petition for a declaratory judgment. This is a claim that the governmental entity seeking to take the land did not follow the proper procedures or had no legal authority to do so. This petition must be filed in the circuit court of the county or city where the property is located. The court will review the petition and the evidence presented by both sides to determine if the condemnation order should be upheld or dismissed. If the court agrees that the governmental entity acted unlawfully, it will dismiss the condemnation order and allow the property owner to keep their land. The property owner may also file an appeal if they disagree with the amount of compensation offered for the land. This appeal must be filed within 30 days of the court’s ruling. The appeal must demonstrate why the amount offered is inadequate, and why it cannot fairly compensate the property owner for their loss. The court can then decide to increase the amount of compensation, or to deny the appeal and uphold the original amount. The property owner can pursue further appeals in the Court of Appeals or Supreme Court of Virginia, though these appeals must be filed within 30 days of the Circuit Court decision.
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