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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 33.1-124 and 33.1-128 of the Code of Virginia are amended and reenacted as follows:
§ 33.1-124. Proceedings for distribution of funds; effect of acceptance of payments; evidence as to amount of deposit or certificate.
Any person or persons shown by such certificate to be entitled thereto may
petition the court for the distribution of all or any part of the funds
deposited with the court pursuant to § 33.1-120 or represented by a
certificate recorded pursuant to § 33.1-121. A copy of such petition shall be
served on the Commonwealth Transportation Commissioner, his deputy or any
attorney authorized to accept service with a notice returnable to the court
or judge not less than twenty-one days after such service, to show cause, if
any, the Commissioner can, why such amount should not be distributed in
accordance with the prayers of the petition. If the Commissioner does not, on
or before the return day of the petition, show such cause, and if the record
in the proceeding does not disclose any denial or dispute with respect
thereto, the court shall enter an order directing the distribution of such
amount in accordance with the prayers of the petition. However, in the case
of a nonresident petitioner the court may in its discretion require a bond
before ordering the distribution. If funds have been deposited with the court
pursuant to § 33.1-120, any interest which has accrued on the funds shall be
payable to the person or persons entitled to receive such funds. If funds are
not then on deposit with the court but are represented by a certificate
pursuant to § 33.1-121, a certified copy of such order shall forthwith be
sent to the Commissioner by the clerk. It shall be the duty of the
Commissioner to deposit such funds with the court within twenty-one days of
the date of such order. Interest at the rate of eight percent annually
general account composite rate as set forth in § 33.1-128 shall be
payable on such funds from the date of filing of such certificate if the
funds are not deposited with the clerk when the certificate is filed.
However, no interest shall accrue if an injunction is filed against the
Department of Transportation for the taking.
If the Commissioner shows such cause, or if the record in the proceeding discloses any denial or dispute as to the persons entitled to such distribution or to any interest or share therein, the court shall direct such proceedings as are provided by § 25-46.28 for the distribution of awards.
However, the acceptance of such payment shall not limit the amount to be allowed by a commissioner in a condemnation proceeding, nor limit the rights of any party or parties to the proceeding to appeal from any decision therein; nor shall any party to such proceeding be entitled to introduce evidence of any amount deposited with the court or represented by a certificate, nor of any amount which has been accepted by any party entitled thereto pursuant to this section.
§ 33.1-128. Awards in greater or lesser amounts than deposit; interest.
In the event of an award in a condemnation proceeding being of a greater
amount than that deposited by virtue of a certificate, the excess amount,
together with interest accrued on such excess amount at the rate of eight
percent annually general account composite rate, compiled by the
Department of the Treasury of Virginia for the month in which the award is
rendered, computed from the date of such deposit to the date of payment
into court, shall be paid into court for the person or persons entitled
thereto, except that any interest which accrued before July 1, 1970, shall be
paid at the rate of five percent, and interest accruing thereafter and prior
to July 1, 1981, shall be paid at the rate of six percent, and any
interest accruing thereafter and prior to July 1, 1994, shall be paid at the
rate of eight percent. In no other instance shall interest be allowed on
any award. In the event of an award in a condemnation proceeding being of a
lesser amount than that deposited with the court, the Commissioner shall
recover the amount of such excess and, if any person has been paid a greater
sum than that to which he is entitled as determined by the award, judgment
shall be entered for the Commissioner against such person for the amount of
such excess.