                                 CODE OF VIRGINIA

FORM OF NOTICE BY PUBLICATION (§ 25.1-211)

A. The form of the notice by publication pursuant to &#xA7; 25.1-210, to which
shall be attached the signature of the clerk, or the deputy clerk for and on
behalf of the clerk, shall be substantially as follows:
			Virginia: In the (here insert the name of the court)			Name of
petitioner			v.At Law&#8230;&#8230;&#x2026;			Name of one or more defendants, et
al.,			and (&#8230;&#8230;) acres, more or less, of land in			(city or county),
Virginia.			To Whom It May Concern:			Pursuant to an order entered on
the..&#x2026;day of&#8230;&#8230;.., 20&#8230;., this notice is hereby
given:			In this proceeding the petitioner seeks to acquire by
condemnation&#8230;&#x2026; (here state the estate, interest, or right to be
acquired) to certain pieces or parcels of land situated
in&#8230;&#8230;&#8230;&#8230;(county or city), Virginia, for the uses and
purposes of the petitioner&#8230;&#8230;&#8230;&#8230;(here state briefly the
uses and purposes and nature of the works and improvements to be made), all of
which are described more particularly in the petition and exhibits attached
thereto on file in the office of the clerk of his court, to which reference is
hereby made for a full and accurate description thereof; and for the appointment
of commissioners or the empanelment of a jury to ascertain just compensation to
the owners of any estate or interest in the property to be taken or affected as
a result of the taking and use thereof by the petitioner.			For such purposes,
the petitioner will apply to the court, sitting at&#8230;&#8230;, Virginia, on
the..&#x2026; day of&#8230;&#8230;&#8230;., 20&#8230;., at..&#x2026;
o&#8217;clock&#8230;.m., or as soon thereafter as petitioner may be heard, for
the appointment of commissioners or the empanelment of a jury to ascertain just
compensation as aforesaid.			And it appearing by affidavit filed according to
law that the following owners are not residents of the Commonwealth of Virginia,
or their names and addresses are not known and that diligence has been used by
and on behalf of the petitioner to ascertain such names and addresses without
effect: (here set out the names of such owners or classes of owners and
addresses where known), it is ordered that the aforesaid owners do appear within
10 days after due publication of this order in the clerk&#8217;s office of the
(here insert the name of the court) and do what is necessary to protect their
interests; and it is further ordered that if any of the above named owners
desires to assert any objection or defense to the taking or damaging of his
property or to the jurisdiction of the court to hear the case and to proceed
with the appointment of commissioners or the empanelment of a jury he shall file
his answer and grounds of defense designating the property in which he claims to
be interested, the grounds of any objection or defense to the taking or damaging
of his property or to the jurisdiction of the court to hear the case and to
proceed with the appointment of commissioners or the empanelment of a jury for
the determination of just compensation. Should any such owner fail to file his
answer and grounds of defense as hereinabove provided, such failure shall not
preclude the owner from appearing on the date set for the appointment of
commissioners or the empanelment of a jury nor from presenting evidence as to
valuation and damage nor from sharing in the award of just compensation
according to his interest therein or otherwise protecting his rights, but such
failure shall preclude such owner from any other defense by way of pleas in bar,
abatement or otherwise.			An extract,
Teste:			&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&
#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#x2026;Clerk			(H
ere state name and address of counsel for petitioner)

B. Such notice by publication may also include notice of the petitioner&#8217;s
application for the right of entry as provided in &#xA7; 25.1-223, whenever such
application is included in the petition.

HISTORY: 1962, c. 426, § 25-46.11; 1991, c. 520; 2000, c. 1029; 2003, c. 940.