25.1-238 - Petitioner may begin work during pendency of proceedings; injunction prohibited.
§ 25.1-238. Petitioner may begin work during pendency of proceedings;injunction prohibited.
A. Upon the return of the report of the body determining just compensationand upon payment into court of the sum ascertained therein, the petitioner orits agents may enter and construct its works or improvements upon or throughthe property as described in its petition, notwithstanding the pendency ofproceedings on any objections to such report in the trial court, or upon anappeal of the case, or the ordering of a new trial of the issue of justcompensation or otherwise.
B. No order shall be made nor any injunction awarded by any court to stay thepetitioner in the prosecution of its work unless it is manifest that thepetitioner or its agents are transcending their authority and that theinterposition of the court is necessary to prevent injury that cannot beadequately compensated in damages.
(Code 1919, § 4371; Code 1950, § 25-23; 1962, c. 426, § 25-46.25; 2000, c.1029; 2003, c. 940.)