When the verdict on an inquest is for the Commonwealth, any person claiming any interest in the lands, whether legal or equitable, may, before the sale of such land, petition the circuit court for redress. The petition shall be accompanied by a bond with good security to pay the Commonwealth all past due real estate taxes, penalties, and interest on such lands. The escheator shall be the sole defendant on behalf of the Commonwealth, and may appear on his own behalf. The escheator shall file an answer stating the objections to the claim. The cause shall be heard, without any unnecessary delay, upon the petition and answer and the evidence. Upon a judgment in favor of the claimant, he shall pay all past due taxes, penalties, and interest. Upon entry of such judgment, the court may award attorney fees to the escheator. For real estate assessment purposes, the commissioner of the revenue or assessor shall continue to assess any escheated property.
Code 1919, § 497; Code 1950, § 55-176; 1983, c. 482; 1990, c. 938; 2019, c. 712.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
§ 55.1-2401. Appointment of escheators
§ 55.1-2402. Bond of escheator
§ 55.1-2403. Increase or reduction of penalty of escheator's bond; effect
§ 55.1-2404. Annual report to escheator; lands not liable
§ 55.1-2405. Escheator to hold inquest; notice of inquest
§ 55.1-2406. Jury of inquest; presentation of evidence
§ 55.1-2407. Attendance of jurors; compensation
§ 55.1-2408. How verdict signed; where returned and recorded
§ 55.1-2409. Proceedings to claim land escheated
§ 55.1-2410. Trial by jury; judgment of court
§ 55.1-2411. Facts or evidence to be certified
§ 55.1-2412. Lands may be committed to claimant while claim pending
§ 55.1-2413. Disposition of lands while claim is pending, if not committed to claimant
§ 55.1-2414. Escheator to notify State Treasurer of claim and decision
§ 55.1-2415. Escheators to certify lands escheated
§ 55.1-2416. Removal of parcels from the certificate
§ 55.1-2417. Escheat of property with hazardous materials
§ 55.1-2418. Publication of escheator's certificate
§ 55.1-2419. Order of sale by Governor
§ 55.1-2420. Form of sale agreement; notice of right to refund
§ 55.1-2421. When grant to issue to purchaser; reimbursable expenses
§ 55.1-2422. Form of grant of escheated property
§ 55.1-2424. Recordation of certified copy of grant
§ 55.1-2425. Resale in case of default
§ 55.1-2426. Reports by escheators to State Treasurer
§ 55.1-2427. Reports by State Treasurer to the Governor; penalty on escheators for failure of duty
§ 55.1-2429. When State Treasurer to issue grant to purchaser
§ 55.1-2431. Escheat of estates in trust and equitable titles
§ 55.1-2432. Provision in favor of tenant of escheated land
§ 55.1-2433. In favor of creditor of decedent
§ 55.1-2434. Escheators to defend on behalf of Commonwealth
§ 55.1-2436. Publication of action; what to state and require
§ 55.1-2437. Order of the court
§ 55.1-2438. How money paid into state treasury from escheats may be recovered
§ 55.1-2439. Regulations of the State Treasurer
§ 55.1-2440. Continuation of certain statutes
§ 55.1-2441. Pendency of escheat proceedings no bar to condemnation proceedings