A. Upon recordation of a certificate:
1. The interest or estate of the owner of the property described therein shall terminate;
2. The title to such property shall be vested in the authorized condemnor;
3. The owner shall have such interest or estate in the funds deposited with the court or represented by the certificate of deposit as the owner had in the property taken or damaged; and
4. All liens by deed of trust, judgment or otherwise upon such property shall be transferred to such funds.
B. The title in the authorized condemnor shall be defeasible until (i) the authorized condemnor and such owner reach an agreement as provided in § 25.1-317, or (ii) the compensation for the taking or damage to the property is determined by condemnation proceedings as provided in § 25.1-313.
C. If funds have been deposited with the court under a certificate of take, the clerk shall deposit the funds so paid to the credit of the court in an account of a type that bears interest.
2003, c. 940; 2022, c. 735.
Structure Code of Virginia
Chapter 3 - Transferring Defeasible Title by Certificate
§ 25.1-301. Applicability of chapter; purpose
§ 25.1-302. Protection of property
§ 25.1-303. Effort to acquire property by purchase
§ 25.1-304. Authority to take possession and title to property
§ 25.1-306. Notice of intent to file certificate
§ 25.1-307. Content of certificates; recordation of certificates
§ 25.1-308. Effect of recordation of certificate; transfer of title or interest in property
§ 25.1-309. Property situated in two or more localities
§ 25.1-310. Proceedings for distribution of funds
§ 25.1-311. Effect of acceptance of payments; evidence as to amount of deposit or certificate
§ 25.1-312. Reformation, alteration, revision, amendment, or invalidation of certificate
§ 25.1-313. Institution of condemnation proceedings
§ 25.1-314. Order confirming award; recordation
§ 25.1-315. Awards in greater amounts than deposit; interest
§ 25.1-316. Awards in lesser amounts than deposit; interest
§ 25.1-317. Agreements as to compensation; petition and order of court thereon; disposition of funds
§ 25.1-318. Petition by owner for determination of just compensation