{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/25.1-421.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/25.1-421.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/25.1-421.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/25.1-421.html"}],"law_id":356281,"edition_id":2,"section_id":356281,"structure_id":50973,"section_number":"25.1-421","catch_line":"Buildings, structures and other improvements on real property","history":"1972, c. 738, \u00a7\u00a7 25-235.1, 25-252; 2003, c. 940.","full_text":"A\n\nTo the greatest extent practicable, where an interest in real property is acquired by a state agency, the state agency shall acquire an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and that are required to be removed from such real property so acquired and that are determined to be adversely affected by the use to which such real property will be put.\n\nB\n\nFor the purpose of determining the just compensation to be paid for any building, structure or other improvement required to be acquired as provided in subsection A, such building, structure or other improvement shall be deemed to be a part of the real property to be acquired, notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure or improvement at the expiration of his term. In such event, the tenant shall be paid an amount equal to the greater of (i) the fair market value that such building, structure or improvement contributes to the fair market value of the real property to be acquired or (ii) the fair market value of such building, structure or improvement to be removed from the real property.\n\nC\n\nPayment for such building, structures or improvements as set forth in subsections A and B shall not result in duplication of any payments otherwise authorized by other laws of the Commonwealth. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer and release all his right, title and interest in and to such improvements. Nothing with regard to such acquisition of buildings, structures or other improvements shall be construed to deprive the tenant of any rights to reject payment under this section and to obtain payment for such property interests in accordance with other laws of the Commonwealth.\n\nD\n\nThe provisions of this section create no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation.\n\n","order_by":null,"text":{"0":{"id":1326708,"text":"To the greatest extent practicable, where an interest in real property is acquired by a state agency, the state agency shall acquire an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and that are required to be removed from such real property so acquired and that are determined to be adversely affected by the use to which such real property will be put.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1326709,"text":"For the purpose of determining the just compensation to be paid for any building, structure or other improvement required to be acquired as provided in subsection A, such building, structure or other improvement shall be deemed to be a part of the real property to be acquired, notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property, to remove such building, structure or improvement at the expiration of his term. In such event, the tenant shall be paid an amount equal to the greater of (i) the fair market value that such building, structure or improvement contributes to the fair market value of the real property to be acquired or (ii) the fair market value of such building, structure or improvement to be removed from the real property.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1326710,"text":"Payment for such building, structures or improvements as set forth in subsections A and B shall not result in duplication of any payments otherwise authorized by other laws of the Commonwealth. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer and release all his right, title and interest in and to such improvements. Nothing with regard to such acquisition of buildings, structures or other improvements shall be construed to deprive the tenant of any rights to reject payment under this section and to obtain payment for such property interests in accordance with other laws of the Commonwealth.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":1326711,"text":"The provisions of this section create no rights or liabilities and shall not affect the validity of any property acquisitions by purchase or condemnation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":50973,"edition_id":2,"name":"Real Property Acquisition Policies","identifier":"3","label":"article","depth":3,"order_by":3,"parent_id":50970,"metadata":{"child_laws":6,"child_structures":0},"date_created":"2026-08-02 02:35:41","date_modified":"2026-08-02 12:31:38","permalink":{"id":1416941,"object_type":"structure","relational_id":50973,"identifier":"3","token":"25.1\/4\/3","url":"\/25.1\/4\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50970,"edition_id":2,"name":"Relocation Assistance and Real Property Acquisition Policies","identifier":"4","label":"chapter","depth":2,"order_by":4,"parent_id":50958,"metadata":{"child_laws":23,"child_structures":3},"date_created":"2026-08-02 02:35:38","date_modified":"2026-08-02 12:31:38","permalink":{"id":1416867,"object_type":"structure","relational_id":50970,"identifier":"4","token":"25.1\/4","url":"\/25.1\/4\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50958,"edition_id":2,"name":"Eminent Domain","identifier":"25.1","label":"title","depth":1,"order_by":66,"parent_id":null,"metadata":{"child_laws":110,"child_structures":15},"date_created":"2026-08-02 02:35:29","date_modified":"2026-08-02 12:31:36","permalink":{"id":1416495,"object_type":"structure","relational_id":50958,"identifier":"25.1","token":"25.1","url":"\/25.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":356277,"structure_id":50973,"section_number":"25.1-417","catch_line":"General provisions for conduct of acquisition","url":"\/25.1-417\/","token":"25.1\/4\/3\/25.1-417","metadata":false},{"id":356276,"structure_id":50973,"section_number":"25.1-417.1","catch_line":"Expired","url":"\/25.1-417.1\/","token":"25.1\/4\/3\/25.1-417.1","metadata":false},{"id":356278,"structure_id":50973,"section_number":"25.1-418","catch_line":"Reimbursement of owner for certain expenses","url":"\/25.1-418\/","token":"25.1\/4\/3\/25.1-418","metadata":false},{"id":356279,"structure_id":50973,"section_number":"25.1-419","catch_line":"Reimbursement of owner for costs when taking is abandoned or denied","url":"\/25.1-419\/","token":"25.1\/4\/3\/25.1-419","metadata":false},{"id":356280,"structure_id":50973,"section_number":"25.1-420","catch_line":"Reimbursement of owner for costs incurred in inverse condemnation proceeding","url":"\/25.1-420\/","token":"25.1\/4\/3\/25.1-420","metadata":false},{"id":356281,"structure_id":50973,"section_number":"25.1-421","catch_line":"Buildings, structures and other improvements on real property","url":"\/25.1-421\/","token":"25.1\/4\/3\/25.1-421","metadata":false}],"previous_section":{"id":356280,"structure_id":50973,"section_number":"25.1-420","catch_line":"Reimbursement of owner for costs incurred in inverse condemnation proceeding","url":"\/25.1-420\/","token":"25.1\/4\/3\/25.1-420","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-421\/","history_text":"<p>This law was first created in 1972. The record of its establishment is cataloged in chapter 738 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1972 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0940\">940<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1416963,"object_type":"law","relational_id":356281,"identifier":"25.1-421","token":"25.1\/4\/3\/25.1-421","url":"\/25.1-421\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/25.1-421\/","token":"25.1\/4\/3\/25.1-421","dublin_core":{"Title":"Buildings, structures and other improvements on real property","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-421","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> To the greatest extent practicable, where an interest in real <span class=\"dictionary\">property<\/span> is acquired by a <span class=\"dictionary\">state agency<\/span>, the <span class=\"dictionary\">state agency<\/span> shall acquire an equal interest in all buildings, structures, or other improvements located upon the real <span class=\"dictionary\">property<\/span> so acquired and that are required to be removed from such real <span class=\"dictionary\">property<\/span> so acquired and that are determined to be adversely affected by the use to which such real <span class=\"dictionary\">property<\/span> will be put. <a id=\"paragraph-1326708\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/25.1-421\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> For the purpose of determining the just compensation to be paid for any building, structure or other improvement required to be acquired as provided in subsection A, such building, structure or other improvement shall be deemed to be a part of the real <span class=\"dictionary\">property<\/span> to be acquired, notwithstanding the right or obligation of a tenant, as against the <span class=\"dictionary\">owner<\/span> of any other interest in the real <span class=\"dictionary\">property<\/span>, to remove such building, structure or improvement at the expiration of his term. In such event, the tenant shall be paid an amount equal to the greater of (i) the fair market value that such building, structure or improvement contributes to the fair market value of the real <span class=\"dictionary\">property<\/span> to be acquired or (ii) the fair market value of such building, structure or improvement to be removed from the real <span class=\"dictionary\">property<\/span>. <a id=\"paragraph-1326709\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/25.1-421\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Payment for such building, structures or improvements as set forth in subsections A and B shall not result in duplication of any payments otherwise authorized by other <span class=\"dictionary\">laws<\/span> of the Commonwealth. No such payment shall be made unless the <span class=\"dictionary\">owner<\/span> of the <span class=\"dictionary\">land<\/span> involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer and release all his right, title and interest in and to such improvements. Nothing with regard to such acquisition of buildings, structures or other improvements shall be construed to deprive the tenant of any rights to reject payment under this section and to obtain payment for such <span class=\"dictionary\">property<\/span> interests in accordance with other <span class=\"dictionary\">laws<\/span> of the Commonwealth. <a id=\"paragraph-1326710\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/25.1-421\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The provisions of this section create no rights or liabilities and shall not affect the validity of any <span class=\"dictionary\">property<\/span> acquisitions by purchase or condemnation. <a id=\"paragraph-1326711\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/25.1-421\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nBUILDINGS, STRUCTURES AND OTHER IMPROVEMENTS ON REAL PROPERTY (\u00a7 25.1-421)\n\nA. To the greatest extent practicable, where an interest in real property is\nacquired by a state agency, the state agency shall acquire an equal interest in\nall buildings, structures, or other improvements located upon the real property\nso acquired and that are required to be removed from such real property so\nacquired and that are determined to be adversely affected by the use to which\nsuch real property will be put.\n\nB. For the purpose of determining the just compensation to be paid for any\nbuilding, structure or other improvement required to be acquired as provided in\nsubsection A, such building, structure or other improvement shall be deemed to\nbe a part of the real property to be acquired, notwithstanding the right or\nobligation of a tenant, as against the owner of any other interest in the real\nproperty, to remove such building, structure or improvement at the expiration of\nhis term. In such event, the tenant shall be paid an amount equal to the greater\nof (i) the fair market value that such building, structure or improvement\ncontributes to the fair market value of the real property to be acquired or (ii)\nthe fair market value of such building, structure or improvement to be removed\nfrom the real property.\n\nC. Payment for such building, structures or improvements as set forth in\nsubsections A and B shall not result in duplication of any payments otherwise\nauthorized by other laws of the Commonwealth. No such payment shall be made\nunless the owner of the land involved disclaims all interest in the improvements\nof the tenant. In consideration for any such payment, the tenant shall assign,\ntransfer and release all his right, title and interest in and to such\nimprovements. Nothing with regard to such acquisition of buildings, structures\nor other improvements shall be construed to deprive the tenant of any rights to\nreject payment under this section and to obtain payment for such property\ninterests in accordance with other laws of the Commonwealth.\n\nD. The provisions of this section create no rights or liabilities and shall not\naffect the validity of any property acquisitions by purchase or condemnation.\n\nHISTORY: 1972, c. 738, \u00a7\u00a7 25-235.1, 25-252; 2003, c. 940.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}