56-437 - Effect of appraisal in case of suit; costs. - Virginia Statutes

§ 56-437. Effect of appraisal in case of suit; costs.

If the railroad company fails, for sixty days after such report is soreturned to such clerk, to pay to the owner the full amount assessed by theboard of appraisers under § 56-436, and the cost attending the assessment,the owner shall have the right to institute suit on the original cause ofaction. If, upon the trial, he recovers a verdict for an amount equal to orgreater than the amount assessed in his favor by the board of appraisers, itshall be the duty of the court to render judgment in his favor for the amountof such verdict, and costs of suit and, of such appraisement, and ten percentdamages in addition thereto. If the owner recovers less than the amount soassessed, judgment shall be rendered in his favor for the amount of theverdict and costs of suit and appraisement; but if the company has offered topay the award, and the owner has refused to accept the same, and he recoversa verdict for an amount less than such assessment, judgment shall be renderedin his favor for the amount of his recovery, but the cost of the appraisementand action shall be taxed against him.

(Code 1919, § 3995; 1994, c. 352.)