33.1-127 - When condemnation proceedings instituted; payment of compensation or damages; order confirming award; recording. - Virginia Statutes

§ 33.1-127. When condemnation proceedings instituted; payment of compensationor damages; order confirming award; recording.

Within 180 days after the recordation of such certificate, if theCommissioner and the owner or owners of such lands or interest therein takenor damaged by the Commissioner are unable to agree as to the compensation ordamages, if any, caused thereby, or such consent cannot be obtained due tothe incapacity of the owners or one or more of them, or because such owner,or owners, be unknown or cannot with reasonable diligence be found withinthis Commonwealth, the Commissioner shall institute condemnation proceedings,as provided in this article, unless said proceedings shall have beeninstituted prior to the recordation of such certificate. The amount of suchcompensation and damages, if any, awarded to the owner or owners in suchproceedings shall be paid out of the appropriations to the VirginiaDepartment of Transportation. The final order confirming the Commissioner'saward shall confirm absolute and indefeasible title to the land, or interesttherein sought, in the Commonwealth and shall be spread in the current deedbook.

(Code 1950, § 33-70.9; 1958, c. 581; 1970, c. 322; 1993, c. 35; 2003, c. 317.)