33.1-125 - Reformation, alteration, revision, amendment or invalidation of certificate. - Virginia Statutes

§ 33.1-125. Reformation, alteration, revision, amendment or invalidation ofcertificate.

Upon the recordation of such certificate, no reformation, alteration,revision, amendment or invalidation shall be made for any purpose without theprior consent of the court wherein such certificate is recorded. The court orjudge in vacation shall have jurisdiction to reform, alter, revise, amend orinvalidate in whole or in part any certificate, to correct mistakes in thedescription of the property affected by such certificate, to correct the nameor names of the owner or owners in the certificate, to correct any othererror which may exist with respect to such certificate or for any otherpurpose. A petition filed by the Commissioner with the court setting forthany error made in such certificate, or the necessity of any change therein,shall be deemed sufficient basis for the reformation, alteration, revision,amendment or invalidation in whole or in part of such certificate. The courtmay enter an order permitting the reformation, alteration, revision,amendment or invalidation in whole or in part and such order, together withany revised certificate which may be necessary shall be spread in the currentdeed book. The filing of any certificate pursuant to the provisions of thissection shall not alter the date of taking as established by the filing ofthe original certificate pursuant to § 33.1-122 as to any land which isincluded in the amended certificate, and no such amended certificate shallinclude any land not in the original certificate. Nothing herein containedshall be construed to prohibit or preclude any person damaged thereby, fromshowing in the proper proceeding the damage suffered by reason of suchmistake or the invalidation of a certificate of deposit as herein provided.

(Code 1950, § 33-70.7; 1958, c. 581; 1968, c. 313; 1970, c. 322; 1993, c. 35.)