Virginia legislation · 2026 Regular Session
Virginia SB342: An Act to amend the Code of Virginia by adding in Chapter 1 of Title 25.1 a section numbered 25.1-110, relating to condemnation of conservation or open-space easement; compensation.
Status: Chaptered, April 22, 2026
Condemnation of conservation or open-space easement; compensation. Provides that if a person takes by condemnation any land subject to a conservation easement or open-space easement, such person shall compensate the Commonwealth and the locality in which such land is located for certain tax credits and values enumerated in the bill. The bill specifies that any such compensation paid to the Commonwealth shall be in addition to compensation required by other provisions of law.
What the bill says
An Act to amend the Code of Virginia by adding in Chapter 1 of Title 25.1 a section numbered 25.1-110, relating to condemnation of conservation or open-space easement; compensation. [S 342] Approved April 22, 2026 1. That the Code of Virginia is amended by adding in Chapter 1 of Title 25.1 a section numbered 25.1-110 as compensation. Notwithstanding any other provision of law, if a person takes by condemnation proceedings any land or right-of-way or similar interest therein that is subject to a conservation easement, as such term is defined in § 10.1-1009, or an open-space easement, as such te.
From the enrolled text, April 22, 2026:
An Act to amend the Code of Virginia by adding in Chapter 1 of Title 25.1 a section numbered 25.1-110, relating to condemnation of conservation or open-space easement; compensation. [S 342] Approved April 22, 2026 1. That the Code of Virginia is amended by adding in Chapter 1 of Title 25.1 a section numbered 25.1-110 as compensation. Notwithstanding any other provision of law, if a person takes by condemnation proceedings any land or right-of-way or similar interest therein that is subject to a conservation easement, as such term is defined in § 10.1-1009, or an open-space easement, as such term is defined in § 10.1-1700, the person, in addition to any compensation determined under the provisions of this title, shall compensate, in amounts proportionate to the land or interest therein being condemned, (i) the Commonwealth for the value of any tax credit received by the landowner under the provisions of the Virginia Land Conservation Incentives Act of 1999 (§ 58.1-510 et seq.) during the pendency of the conservation easement or open-space easement and (ii) the locality in which the land or interest therein is located for any property tax avoided by the landowner during the pendency of the conservation easement or open-space easement. Compensation required to be paid to the Commonwealth under clause (i) shall be in addition to (1) …