reglab/housing_qa huggingface dataset:
VA Code § 25.1-240 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 2 - Condemnation Procedures|§ 25.1-240. Distribution of money paid into court

A. Upon the award being paid into court and the confirmation of the report in the manner provided in § 25.1-237, the interest or estate of the owner or owners in the property taken or damaged shall terminate and they shall have such interest or estate in the fund and any interest accrued thereon so paid into court as they had in the property so taken or damaged. All liens by a deed of trust, judgment or otherwise upon such property or any interest therein shall be transferred to the fund so paid into court. If the court is satisfied that the persons having an interest therein are before the court, the court shall make such distribution of such money and any interest accrued thereon as to it may seem proper, having due regard to the interest of all persons therein, and in what proportions such money is properly payable.B. If it appears from the record in the proceedings or otherwise that the person or persons or classes of persons in the proceedings are vested with the superior right or claim of title in the land or estate or interest therein condemned, or in the proceeds of the award of just compensation, and that the record does not disclose any denial or dispute thereof, by any person or party in interest, the court may direct that the fund and any interest accrued thereon, after the payment therefrom of any taxes, be disbursed and distributed accordingly among the persons entitled thereto or to such person who they may by writing direct.C. Notwithstanding the provisions of subsection B, the court may inquire into the rights or claims of any persons appearing to be infants, incapacitated or under any other legal incapacity, independent of any statement in the record.D. Any order for distribution shall conserve and protect the rights of such parties in and to the fund and any interest accrued thereon.E. The cost of a commissioner in chancery appointed by the court to assist in making the proper distribution in cases of legal disability as herein set forth may be taxed as a cost of the proceedings, to be paid by the petitioner.Code 1919, § 4374; 1942, p. 339; Code 1950, § 25-26; 1962, c. 426, § 25-46.28; 1964, c. 590; 1979, c. 494; 1997, c. 801; 2003, c. 940.
VA Code § 25.1-241 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 2 - Condemnation Procedures|§ 25.1-241. Hearing on controversy among claimants to money paid into court

A. If it appears to the court that there exists a controversy among claimants to the fund and any interest accrued thereon, or to the ownership of the property subject to the condemnation, the court shall enter an order setting a time for hearing the case and determining the rights and claims of all persons entitled to the fund or to any interest or share therein.B. In order to enable the court to determine the proper disposition of the fund and any interest accrued thereon, the court may, for good cause shown, appoint a commissioner in chancery to take evidence upon the conflicting claims. If the fund, exclusive of interest, is $500 or more, the costs incident to or arising out of a trial or a determination of such issues or out of a determination of the ownership of the fund and any interest accrued thereon or the distribution thereof shall not be taxed against the petitioner. If the fund, exclusive of interest, is less than $500, such costs shall be taxed against the petitioner.C. Upon a determination by the court of the rights and claims of the persons entitled to the fund and any interest accrued thereon, an order shall be entered directing the disbursement among the persons entitled thereto or to whomsoever they may by writing direct. Any party aggrieved thereby may apply for an appeal as provided in subsection B of § 25.1-239.Code 1919, § 4374; 1942, p. 339; Code 1950, § 25-26; 1962, c. 426, § 25-46.28; 1964, c. 590; 1979, c. 494; 1997, c. 801; 2003, c. 940; 2005, c. 885.
VA Code § 25.1-242 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 2 - Condemnation Procedures|§ 25.1-242. Appointment of other body to determine just compensation when new trial ordered; costs of new trial

A. If (i) the body determining just compensation fails to report its award of just compensation within a reasonable time after the issue of just compensation is submitted to it; (ii) the body determining just compensation reports that it is unable to make such award; (iii) the body's report is set aside; or (iv) a final order upon its report has been set aside upon appeal and a new trial ordered, the court shall, without further notice, as often as seems to it proper, appoint another body to determine just compensation of the same type as the preceding body, and the matter shall proceed as prescribed in this chapter.B. If a new trial of the issue of just compensation is ordered, either in the trial court or upon appeal, upon an exception by an owner with respect to the insufficiency of the award of just compensation, and the subsequent report of the award of just compensation, which is confirmed, is for the same or a lesser total amount, the court shall (i) tax all the costs of the new trial against the owner making such exception and (ii) order repayment to the petitioner of any sum paid to such owner out of the fund paid into court by the petitioner in excess of the total sum ascertained by the second report with interest thereon from the date the original payment was made to such owner until the date such excess is repaid to the petitioner. Interest accruing thereon prior to July 1, 1970, shall be paid at the rate of five percent annually; interest accruing thereafter and prior to July 1, 1981, shall be paid at the rate of six percent annually; interest accruing thereafter and prior to July 1, 2003, shall be paid at the rate of eight percent annually; and interest accruing thereafter shall be paid at the general account's primary liquidity portfolio rate, compiled by the Department of the Treasury for the month in which the original payment was made to such owner.C. If such owner fails to make such repayment within 30 days from the date of the entry of such order, the court shall enter judgment therefor against such owner.Code 1919, §§ 4372, 4387; 1934, p. 514; Code 1950, §§ 25-22, 25-24; 1962, c. 426, § 25-46.29; 1970, c. 308; 1981, c. 476; 1991, c. 520; 2000, c. 1029; 2003, c. 940.
VA Code § 25.1-245.1 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 2 - Condemnation Procedures|§ 25.1-245.1. Costs

A. Except as otherwise provided in this chapter, all costs of the proceeding in the trial court that are fixed by statute shall be taxed against the condemnor.B. The court may in its discretion tax as a cost a fee, not to exceed $1,000, for a survey for the landowner.C. If an owner whose property is taken by condemnation under this title or under Title 33.2 is awarded at trial, as compensation for the taking of or damage to his real property, an amount that is 25 percent or more greater than the amount of the condemnor's initial written offer made pursuant to § 25.1-204, the court may order the condemnor to pay to the owner those (i) reasonable costs, other than attorney fees, and (ii) reasonable fees and travel costs, including reasonable appraisal and engineering fees incurred by the owner, for up to three experts or as many experts as are called by the condemnor, whichever is greater, who testified at trial.D. All costs on appeal shall be assessed and assessable in the manner provided by law and the Rules of Court as in other civil cases.E. The requirements of this section shall not apply to those condemnation actions initiated by a public service company, public service corporation, railroad pursuant to the delegation of the power of eminent domain granted in Title 56, or government utility corporation, as defined by § 1-219.1, involving easements adjudged at less than $10,000.2016, c. 713; 2020, c. 1244.
VA Code § 25.1-246 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 2 - Condemnation Procedures|§ 25.1-246. When sheriff to remove forcible resistance to entry

In any case in which the petitioner may be entitled under the laws of this Commonwealth to enter upon property for purposes of making examinations or surveys as are authorized by law, to enter upon property in accordance with the provisions of this chapter, or to condemn any property, the sheriff, whenever required, shall attend and remove, if necessary, any forcible resistance to any such entry or taking.Code 1919, § 4386; Code 1950, § 25-44; 1962, c. 426, § 25-46.33; 1971, Ex. Sess., c. 155; 2003, c. 940.
VA Code § 25.1-247 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 2 - Condemnation Procedures|§ 25.1-247. Recordation of orders, judgments and proceedings; costs

A. The clerk of the court shall make and certify a copy of so much of the orders, judgments and proceedings in the case as shall show such condemnation, including a plat and description of the property condemned, and any such contract, if any there be, as is mentioned in § 25.1-236. The clerk shall record such material in the land records in his office, and index it in the names of the parties.B. If any portion of the land lies in two or more localities, the clerk shall certify a copy of the proceedings to the clerk of the court of each locality. The clerks shall record and index the copy as provided in subsection A.C. The fees of the clerk for recording shall be the same as for recording a deed. The fees shall be paid by the petitioner.Code 1919, § 4381; Code 1950, § 25-38; 1962, c. 426, § 25-46.27; 1991, c. 520; 2003, c. 940.
VA Code § 25.1-247.1 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 2 - Condemnation Procedures|§ 25.1-247.1. Distribution of funds to owner or owner's attorney

Notwithstanding any other provision of this chapter, upon any settlement or final determination resulting in a judgment for the owner, whether funds have been paid into the court or are outstanding, all such funds due and owing shall be payable to the owner or, if the owner consents, to the owner's attorney within 30 days of the settlement or final determination, unless otherwise subject to § 25.1-240, 25.1-241, 25.1-243, or 25.1-250. Nothing in this section shall be construed to alter the priority of liens or any obligation to satisfy or release any outstanding liens on the property or the funds.2018, c. 842.
VA Code § 25.1-248 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 2 - Condemnation Procedures|§ 25.1-248. Dismissal of proceedings prior to trial on issue of just compensation

If a hearing has not begun in the trial of the issue of just compensation for the taking or damaging of property and the petitioner has not already acquired the title or a lesser interest or estate in, or taken possession of, such property, the petitioner may upon motion obtain, as a matter of right, an order dismissing the proceeding as to such property. Such order shall also provide, except as may be provided otherwise in a settlement by agreement of the parties, that the petitioner shall pay such owner or owners their reasonable expenses that have been actually incurred by them in preparing for the trial on the issue of just compensation, in such amounts as the court deems just and reasonable.Code 1919, § 4387; 1934, p. 514; Code 1950, § 25-22; 1962, c. 426, § 25-46.34; 1972, c. 742; 2003, c. 940.
VA Code § 25.1-249 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 2 - Condemnation Procedures|§ 25.1-249. Dismissal of proceedings after commencement of trial on issue of just compensation

At any time after a hearing has begun in the trial of the issue of just compensation for the taking or damaging of any property or property interest, if the petitioner has not already acquired title or a lesser interest in, or taken possession of, such property, or paid the amount of just compensation into court, and before the time for noting an appeal from any final order upon a report of just compensation, the petitioner may, upon motion, obtain as a matter of right an order dismissing the proceedings as to such property. Such order shall also provide that the petitioner shall pay such owner or owners for the following expenses that have been actually incurred by them in such amounts as the court deems just and reasonable: (i) an attorney's fee; (ii) witness fees, including reasonable fees of not more than three expert witnesses; and (iii) other reasonable expenses and compensation for time spent as a result of the condemnation proceedings. If any such expenses are not paid within 30 days of the entry of such order, judgment therefor shall be entered against the petitioner.Code 1919, § 4387; 1934, p. 514; Code 1950, § 25-22; 1962, c. 426, § 25-46.34; 1972, c. 742; 2003, c. 940.
VA Code § 25.1-250 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 2 - Condemnation Procedures|§ 25.1-250. Effect of failure of petitioner to pay award; expenses

If the petitioner fails to pay to the parties entitled thereto, or into court, the amount of the award of just compensation before the time for noting an appeal from any final order upon the report of just compensation, the owner or owners of the property to be taken or damaged may, upon motion, obtain as a matter of right an order dismissing the proceeding as to such property. Such order shall also provide that the petitioner shall pay such owner or owners his expenses as provided in § 25.1-249. If any such expenses are not paid within 30 days of the entry of such order, judgment therefor shall be entered against the petitioner.Code 1919, § 4387; 1934, p. 514; Code 1950, § 25-22; 1962, c. 426, § 25-46.34; 1972, c. 742; 2003, c. 940.
VA Code § 25.1-251 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 2 - Condemnation Procedures|§ 25.1-251. Dismissal of proceedings by stipulation of parties; effect of dismissal; dropping parties

A. Before the vesting of title, or a lesser interest therein in any property in the manner prescribed in this chapter, the proceedings may be dismissed, in whole or in part, as to any such property upon the filing of a stipulation of dismissal by the parties affected thereby. If such parties so stipulate, the court may vacate any order that has been entered.B. Except as otherwise provided in a stipulation of dismissal or order of the court, any dismissal is without prejudice.C. The court may at any time drop a defendant unnecessarily or improperly joined.Code 1919, § 4387; 1934, p. 514; Code 1950, § 25-22; 1962, c. 426, § 25-46.34; 1972, c. 742; 2003, c. 940.
VA Code § 25.1-300 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 3 - Transferring Defeasible Title by Certificate|§ 25.1-300. Definitions

As used in this chapter, unless the context requires a different meaning:"Authorized condemnor" means a condemnor that is specifically authorized by law to acquire property through the use of the procedure set forth in this chapter."Certificate" means an instrument that, when recorded in the office of the clerk of the circuit court wherein condemnation proceedings are pending or are to be instituted by an authorized condemnor, terminates the interest or estate of the owner of the property described therein and vests defeasible title to such property or interest or estate of the owner in the authorized condemnor. "Certificate" includes a certificate of deposit and a certificate of take."Certificate of deposit" means a certificate filed by an authorized condemnor with the court wherein condemnation proceedings are pending or are to be instituted, stating that any sum or sums designated therein shall be paid pursuant to the order of the court, and which is filed in lieu of the payment of funds into court as provided in subdivision A 2 of § 25.1-305."Certificate of take" means a certificate recorded by an authorized condemnor with the court wherein condemnation proceedings are pending or are to be instituted, in connection with which the authorized condemnor has deposited funds with the court as provided in subdivision A 1 of § 25.1-305.2003, c. 940.
VA Code § 25.1-301 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 3 - Transferring Defeasible Title by Certificate|§ 25.1-301. Applicability of chapter; purpose

A. The procedure established by this chapter shall be available for use, at the election of an authorized condemnor, in connection with the acquisition of property by condemnation if the use of the procedure is specifically authorized by law.B. It is the intention of this chapter to provide that property may, in the discretion of the authorized condemnor, be condemned as provided in this chapter before, during or after the construction of improvements thereon.2003, c. 940.
VA Code § 25.1-302 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 3 - Transferring Defeasible Title by Certificate|§ 25.1-302. Protection of property

Authorized condemnors constructing improvements under the authority of this chapter shall use diligence to protect growing crops and pastures and to prevent damage to any property not taken.2003, c. 940.
VA Code § 25.1-303 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 3 - Transferring Defeasible Title by Certificate|§ 25.1-303. Effort to acquire property by purchase

An authorized condemnor shall comply with the applicable provisions of § 25.1-204 and subdivision A 1 of § 25.1-417 before exercising its authority to acquire property by condemnation under the procedure set forth in this chapter.2003, c. 940.
VA Code § 25.1-304 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 3 - Transferring Defeasible Title by Certificate|§ 25.1-304. Authority to take possession and title to property

In addition to any authority it has to exercise the power of eminent domain prior to entering upon property being condemned, an authorized condemnor is authorized to acquire title to and to enter upon and take possession of such property for the purposes for which such condemnor is authorized to condemn such property, and proceed with the construction of improvements upon such property, in accordance with the procedures set forth in this chapter.2003, c. 940.
VA Code § 25.1-305 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 3 - Transferring Defeasible Title by Certificate|§ 25.1-305. Authorized condemnor to make payment into court or file certificate of deposit before entering upon land

A. Before entering upon or taking possession of property, the authorized condemnor shall either:1. Pay into the court wherein condemnation proceedings are pending, or are to be instituted, such sum as is required by subsection B; or2. File with the court wherein condemnation proceedings are pending, or are to be instituted, a certificate of deposit issued by the authorized condemnor for such sum as is required by subsection B, which shall be deemed and held for the purpose of this chapter to be payment into the custody of such court.B. The amount to be paid into the court as provided in subdivision A 1 or represented by a certificate of deposit as provided in subdivision A 2 shall be the amount that the authorized condemnor estimates to be the fair value of the land taken, or interest therein sought, and damage done, which estimate shall be based on a bona fide appraisal if required by § 25.1-417; however, such estimate shall not be less than the current assessed value of the land for real estate tax purposes, unless the property has physically changed in a material and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property, when the entire parcel for which the assessment has been made is to be acquired.C. If the condemning authority makes a payment into court as provided in subdivision A 1, it shall also record a certificate of take as provided in § 25.1-307.D. Payment against a certificate of deposit, when ordered by the court named therein, shall be paid by the authorized condemnor.E. Nothing in this section shall make evidence of tax assessments admissible as proof of value in an eminent domain proceeding.2003, c. 940; 2013, c. 764.
VA Code § 25.1-306 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 3 - Transferring Defeasible Title by Certificate|§ 25.1-306. Notice of intent to file certificate

The authorized condemnor shall, between 30 and 45 days prior to the date on which any certificate will be filed or recorded pursuant to this chapter, give notice to the owner or tenant, if known, of the freehold by certified or registered mail that such certificate will be filed or recorded with respect to such person's property. Such notice shall contain the following language, as appropriate: (i) "Between 30 and 45 days from the date of this notice, a certificate of take will be recorded in the land records of the circuit court" or (ii) "Between 30 and 45 days from the date of this notice, a certificate of deposit will be recorded in the land records of the circuit court." Such notice shall also state that upon recordation of the certificate, the defeasible title to the property shall transfer to the condemnor and that the owner has the right to petition the court for distribution of the funds represented by the certificate, subject to any preexisting liens or other encumbrances upon the property. Additionally, within four business days of the filing or recording of a certificate, the authorized condemnor shall give notice of such filing or recording to the owner or tenant, if known, of the freehold by providing a copy of such certificate by certified or registered mail.2003, c. 940; 2017, c. 563; 2021, Sp. Sess. I, c. 278.
VA Code § 25.1-307 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 3 - Transferring Defeasible Title by Certificate|§ 25.1-307. Content of certificates; recordation of certificates

A. A certificate shall set forth the description of the property being taken or damaged, and the owner or owners, if known, of such property.B. The authorized condemnor shall record a certificate of take or a certificate of deposit in the clerk's office of the court where deeds are recorded. The clerk shall record the certificate in the deed book and index it in the names of both (i) the person or persons who owned the land before the recordation of the certificate and (ii) the authorized condemnor.2003, c. 940.
VA Code § 25.1-308 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 3 - Transferring Defeasible Title by Certificate|§ 25.1-308. Effect of recordation of certificate; transfer of title or interest in property

A. Upon recordation of a certificate:1. The interest or estate of the owner of the property described therein shall terminate;2. The title to such property shall be vested in the authorized condemnor;3. The owner shall have such interest or estate in the funds deposited with the court or represented by the certificate of deposit as the owner had in the property taken or damaged; and4. All liens by deed of trust, judgment or otherwise upon such property shall be transferred to such funds.B. The title in the authorized condemnor shall be defeasible until (i) the authorized condemnor and such owner reach an agreement as provided in § 25.1-317, or (ii) the compensation for the taking or damage to the property is determined by condemnation proceedings as provided in § 25.1-313.2003, c. 940.
VA Code § 25.1-309 (2021)
2021 Code of Virginia|Title 25.1 - Eminent Domain|Chapter 3 - Transferring Defeasible Title by Certificate|§ 25.1-309. Property situated in two or more localities

If the property affected by the certificate is situated in two or more localities, the clerk of the court wherein the certificate is recorded shall certify a copy of such certificate to the clerk of the court of the locality in which any portion of the property lies. The clerk shall record the same in the deed book and index it in the manner prescribed in subsection B of § 25.1-307.2003, c. 940.