25.1-224 - Conditions upon entry; bonding; withdrawal of share by owner.
§ 25.1-224. Conditions upon entry; bonding; withdrawal of share by owner.
A. The court, after 21 days following service of the petitioner'sapplication, and after a hearing thereon, may approve the petitioner'sapplication if it finds that:
1. A public necessity or an essential public convenience requires such entryfor such purposes;
2. An emergency exists justifying such entry before the time when justcompensation can be determined and the amount so determined paid into court;and
3. The interests of the owners of such property will be adequately protectedby (i) the payment into court for the benefit of the owners of the amount ofthe offer made in accordance with § 25.1-204 or (ii) if no offer is requiredby that section, by the payment into the court of the amount of a good faithestimate of the value of the property.
B. In addition, the court may require the petitioner to give a surety bond inan amount and with such surety as the court may determine.
C. Upon such findings and payment and the giving of such bond, if any isrequired, with surety in the office of the clerk or with the court,conditioned as required by law and to the effect that the petitioner and itssurety or sureties are bound to the owners of the property to be taken ordamaged to secure to each of them payment of just compensation therefor asfinally determined in the condemnation proceedings, the petitioner shall havethe right to enter and construct its works or improvements upon or throughthe property as described in its petition.
D. At any time after such payment into court, a party whose property orinterest therein is to be taken or damaged may apply to the court for thewithdrawal of his share thereof in the manner provided in § 25.1-243.
E. The clerk shall deposit the funds so paid to the credit of the court in anaccount of a type that bears interest.
F. At any time during the condemnation proceedings, if it appears necessaryto do so in order to protect the owners of the property or estate or interesttherein to be condemned and assure unto them the payment of just compensationto which they are entitled, the court may require the petitioner to give anew and additional bond in an amount and with sureties satisfactory to thecourt.
(Code 1919, § 4362; 1924, p. 60; Code 1950, §§ 25-3, 25-4; 1962, c. 426, §25-46.8; 1977, c. 394; 1979, c. 494; 2003, c. 940.)