CODE OF VIRGINIA

AGREEMENTS AS TO COMPENSATION; PETITION AND ORDER OF COURT THEREON; DISPOSITION
OF DEPOSIT (§ 33.2-1027)

At any time after the recordation of such certificate, but prior to the
institution of condemnation proceedings, if the Commissioner of Highways and the
owner of the land or interest therein taken or damaged are able to agree as to
compensation for the land taken and damages, if any, caused by such taking, the
Commissioner of Highways shall file with the court a petition so stating, with a
copy of the agreement attached. If condemnation proceedings are already pending
at the time of reaching such agreement, no such petition shall be required, but
the motion for dismissal of such proceedings shall contain an averment that such
agreement has been reached. Upon the filing of such petition or motion to
dismiss, the court shall thereupon enter an order confirming absolute and
indefeasible title to the land or interest therein in the Commonwealth. Such
order shall be recorded in the current deed book. Upon entry of such order, the
Commissioner of Highways and State Treasurer shall be relieved of further
obligation by virtue of having filed such certificate of deposit with the
court.If it shall appear from such petition and agreement, or motion to dismiss
a pending suit, that no person other than those executing such agreement are
entitled to the fund on deposit, the court shall direct that such fund, after
payment therefrom of any taxes that may be charged against such land taken, be
disbursed and distributed in accordance with the statement or charge in the
petition or motion among the parties or persons entitled thereto. If it shall
appear that a controversy exists as to the persons entitled to such fund, such
distribution shall be made in accordance with the provisions of § 33.2-1023.

HISTORY: Code 1950, § 33-70.11; 1958, c. 581; 1970, c. 322, § 33.1-129; 1993,
c. 35; 2014, c. 805; 2015, c. 256.