33.1-240 - Who shall pay costs, compensation and damages. - Virginia Statutes

§ 33.1-240. Who shall pay costs, compensation and damages.

When the road or bridge is established or altered the county shall bechargeable with the compensation and damages to the proprietor or tenant andall costs incurred in the proceedings; provided, however, that when therecord shows that the sum allowed by the circuit court on appeal, ascompensation and damages to any proprietor or tenant, is not more than theamount allowed him by the board of supervisors or other governing body fromwhose decision the appeal was taken, such proprietor or tenant shall beadjudged to pay the costs occasioned by such appeal. When the board ofsupervisors or other governing body decides against the application toestablish or alter a road or bridge, the applicant shall pay the costsincurred in the case, except the compensation of the viewers.

But when it shall appear to the board of supervisors or other governing bodythat the opening and establishing or altering of such road will be for mereprivate convenience, then the board of supervisors or other governing bodymay order the same upon condition that such applicant pay, in whole or inpart, the compensation and damages to the proprietor or tenant and the costsof the proceedings and keep the road in order. In any such case the roadshall not be opened and established or altered until such compensation anddamages and costs shall have been first paid or the written consent of theproprietor or tenant given.

(Code 1950, § 33-153; 1964, c. 565; 1970, c. 322.)