At any time after the recordation of such certificate, but prior to the institution of condemnation proceedings, if the Commissioner of Highways and the owner of the land or interest therein taken or damaged are able to agree as to compensation for the land taken and damages, if any, caused by such taking, the Commissioner of Highways shall file with the court a petition so stating, with a copy of the agreement attached. If condemnation proceedings are already pending at the time of reaching such agreement, no such petition shall be required, but the motion for dismissal of such proceedings shall contain an averment that such agreement has been reached. Upon the filing of such petition or motion to dismiss, the court shall thereupon enter an order confirming absolute and indefeasible title to the land or interest therein in the Commonwealth. Such order shall be recorded in the current deed book. Upon entry of such order, the Commissioner of Highways and State Treasurer shall be relieved of further obligation by virtue of having filed such certificate of deposit with the court.
If it shall appear from such petition and agreement, or motion to dismiss a pending suit, that no person other than those executing such agreement are entitled to the fund on deposit, the court shall direct that such fund, after payment therefrom of any taxes that may be charged against such land taken, be disbursed and distributed in accordance with the statement or charge in the petition or motion among the parties or persons entitled thereto. If it shall appear that a controversy exists as to the persons entitled to such fund, such distribution shall be made in accordance with the provisions of § 33.2-1023.
Code 1950, § 33-70.11; 1958, c. 581; 1970, c. 322, § 33.1-129; 1993, c. 35; 2014, c. 805; 2015, c. 256.
Structure Code of Virginia
Title 33.2 - Highways and Other Surface Transportation Systems
§ 33.2-1002. Limitation on power of eminent domain
§ 33.2-1003. Additional power to acquire lands
§ 33.2-1004. Plans for acquisition of rights-of-way
§ 33.2-1006. Reconveyance where property deemed suitable for mass transit purposes
§ 33.2-1008. Authority to acquire land to replace parkland; applicability
§ 33.2-1009. Acquisition of residue parcels declared to be in public interest
§ 33.2-1010. Use and disposition of residue parcels of land
§ 33.2-1012. Limitations in Title 25.1 not applicable to Commissioner of Highways
§ 33.2-1013. Notice of exercise of eminent domain power; evidence of value
§ 33.2-1017. Taking highway materials from streams, rivers, and watercourses
§ 33.2-1019. Payments into court or filing certificate of deposit before entering upon land
§ 33.2-1022. Certificates to describe land and list owner
§ 33.2-1024. Reformation, alteration, revision, amendment, or invalidation of certificate
§ 33.2-1026. Awards in greater or lesser amounts than deposit; interest
§ 33.2-1027.1. Distribution of funds to owner or owner's attorney
§ 33.2-1028. Enhancement to be offset against damage
§ 33.2-1029.1. (See Editor's Note) Petition by owner for determination of just compensation
§ 33.2-1030. Installation of broadband conduit
§ 33.2-1033. Contents of petition for condemnation
§ 33.2-1034. Removal and reinterment of remains; other proceedings