VirginiaAssociations may negotiate payment when shared land is taken
When an authority takes or damages an association’s shared land for public use, the association receives payment based on the land’s best use and condition.
What it does
When an authority using eminent domain takes or damages shared association land, the association receives payment based on the land’s best use and condition. Its board may agree on payment and transfer the land without a court case, unless the association’s rules limit that power.
Argument forAn association could receive payment based on the shared land’s best use and physical condition, which may better reflect its value.
Argument againstMembers might have less chance to challenge an association’s decision because the text bars them from contesting its actions in proceedings under this section.
More detail
The association receives payment for shared land taken or damaged through eminent domain, and its board may agree on payment and transfer the land without a court case. This applies when any part of a property owners’ association’s shared area is taken or damaged using eminent domain, the power to take private property for public use. The association’s declaration or properly adopted rules may limit the board’s authority to negotiate, agree on payment, or transfer the land. The association president may sign and record the deed alone after the board agrees to the transfer. Members cannot challenge the association’s actions in proceedings under this section.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 21Continued from last sessionLatest
- Feb 11Continued to next session in Courts of Justice (15-Y 0-N)
- Feb 2Fiscal Impact Statement from Department of Planning and Budget (SB746)
- Jan 19Referred to Committee for Courts of JusticeMinor
- Jan 19Presented and ordered printed 26105665DIntroduced
Housing