38.2-405 - Appeal from assessment. - Virginia Statutes

§ 38.2-405. Appeal from assessment.

A company aggrieved by the assessment may appeal to the Supreme Court ofVirginia in accordance with the Rules of Court applicable to appeals from theState Corporation Commission. If the court is of the opinion that theassessment is either excessive or insufficient, the court shall by its orderrequest the Commission to make appropriate adjustments. If the appellantfails to pay the assessment when due and the court affirms the action of theCommission, judgment shall be entered against the appellant for damages,which are to be paid to the Commission, equal to legal interest upon theamount of the assessment from the time the assessment was payable. If reliefis granted in whole or in part, judgment shall be rendered against theCommonwealth for any excess that may have been paid, with legal interest.

(Code 1950, § 38-20; 1952, c. 317, § 38.1-47; 1978, c. 4; 1986, c. 562.)