1.7 Determination of Jurisdictional Matters

• Library: Eminent Domain Law in Virginia (Virginia CLE) (2017 Ed.)

1.7 DETERMINATION OF JURISDICTIONAL MATTERS ²⁴⁰

1.701 Title Issues. A court has both the authority and the obligation to determine title ownership issues in a condemnation proceeding, and that obligation applies to the condemnor as well as the condemnee. Thus, a

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locality can bring a condemnation petition and alternatively assert ownership of easements by implication. ²⁴¹

1.702 Burden of Proof. Jurisdictional matters in controversy are decided by the court but only if properly put in issue by the owner's answer and grounds of defense. The landowner generally has the burden of proof for many defenses such as whether or not the condemnor made a bona fide offer to purchase. The burden shifts to the condemnor to affirmatively prove that necessity is "fairly debatable" when the issue of lack of necessity has been raised by the landowner. ²⁴²

1.703 Pre-Trial Settlement Conference. The court shall order a non-binding pretrial settlement conference to be conducted by a neutral third party (if available) if either the owner or condemnor requests one. The conference may be requested at any time by either party but, if requested, it must be held within 30 days of trial. ²⁴³

1.704 Order Setting Trial. At the preliminary hearing, the court enters an order disposing of all preliminary...