Appraisal Fee Regulations

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 according to the provisions set out in § 25.1-417.1 of Chapter 895 of the 2007 Acts of Assembly. 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 the Department of Transportation shall promulgate the Schedule of Reimbursement described above by October 1, 2007 to become effective that day. This regulation is not subject to the requirements of the Administrative Process Act (§ 2.2-4000 et seq.), but public participation must be utilized by the Department of Transportation to receive comments and suggestions before the Department of Transportation adopts the Schedule.

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