45.1-161.322 - Restoration of property to owner or operator. - Virginia Statutes

§ 45.1-161.322. Restoration of property to owner or operator.

A. Whenever the owner or operator of the business of mining, production andmarketing coal, whose property has been acquired by the Commission, shallnotify the Commission in writing, stating that he is in position to, and canand will resume operation and render normal service, and shall satisfy theCommission of the correctness of such statement or whenever in the judgmentof the Governor the emergency declared by him no longer exists, theCommission shall restore the possession of the property so acquired by themto the owner or operator upon his request. In the event the Commissionrefuses such restoration of possession, the owner or operator shall have theright to have a rule issued requiring the Commission to show cause why suchpossession should not be restored and the court shall determine the matter asin this section provided.

B. Any such owner or operator shall be entitled to receive reasonable, properand lawful compensation for the use of the properties so acquired by theCommonwealth and paid the same out of the state treasury. In the event theCommission has acquired such property by purchase, the owners uponreacquisition shall repay the purchase price less fair compensation for useof such property. In the event the Commission and the owner or operator areunable to agree upon the amount of such compensation either party in interestmay file a petition in the circuit court for the county or city in which theproperty is located for the purpose of having the same judicially determined.The court shall, without a jury, hear such evidence and argument of counselas may be deemed appropriate and render judgment thereon or may refer to acommissioner such questions as are considered proper and act upon thecommissioner's report as in other equity proceedings. An appeal shall lie tothe Supreme Court from any final judgment of the court rendered upon theprovisions of this chapter.

(Code 1950, § 45-153; 1950, p. 32; 1966, c. 594, § 45.1-153; 1994, c. 28.)