25.1-317 - Agreements as to compensation; petition and order of court thereon; disposition of funds. - Virginia Statutes

§ 25.1-317. Agreements as to compensation; petition and order of courtthereon; disposition of funds.

A. At any time after the recordation of a certificate, but prior to theinstitution of condemnation proceedings, if the authorized condemnor and theowner of the property taken or damaged agree as to compensation for theproperty taken and damages, if any, caused by such taking, the authorizedcondemnor shall file with the court a petition so stating. A copy of theagreement shall be attached to the petition. If condemnation proceedings arealready pending at the time such agreement is reached, the authorizedcondemnor shall not be required to file a petition, but shall file a motionto dismiss the condemnation proceedings containing an averment that suchagreement has been reached. Upon the filing of such a petition or a motion todismiss, the court shall enter an order confirming absolute and indefeasibletitle to the property in the condemning authority, or in the Commonwealth ifthe condemning authority is an agency of the Commonwealth. Such order shallbe recorded in the clerk's office of each court in which the certificate isrecorded. Upon entry of such order, the condemning authority shall berelieved of further obligation by virtue of having filed a certificate ofdeposit with the court.

B. If it shall appear from such petition and agreement, or motion to dismissa pending suit, that no person other than those executing such agreement areentitled to the funds deposited with the court or represented by acertificate of deposit, the court shall direct that such funds, after paymenttherefrom of any taxes that may be charged against the property taken, bedisbursed and distributed in accordance with the provisions stated in thepetition, or motion, among the parties or persons entitled thereto. If itshall appear that a controversy exists as to the persons entitled to suchfunds, such distribution shall be made in accordance with the provisions of §25.1-310.

(2003, c. 940.)