25.1-240 - Distribution of money paid into court.
§ 25.1-240. Distribution of money paid into court.
A. Upon the award being paid into court and the confirmation of the report inthe manner provided in § 25.1-237, the interest or estate of the owner orowners in the property taken or damaged shall terminate and they shall havesuch interest or estate in the fund and any interest accrued thereon so paidinto court as they had in the property so taken or damaged. All liens by adeed of trust, judgment or otherwise upon such property or any interesttherein shall be transferred to the fund so paid into court. If the court issatisfied that the persons having an interest therein are before the court,the court shall make such distribution of such money and any interest accruedthereon as to it may seem proper, having due regard to the interest of allpersons therein, and in what proportions such money is properly payable.
B. If it appears from the record in the proceedings or otherwise that theperson or persons or classes of persons in the proceedings are vested withthe superior right or claim of title in the land or estate or interesttherein condemned, or in the proceeds of the award of just compensation, andthat the record does not disclose any denial or dispute thereof, by anyperson or party in interest, the court may direct that the fund and anyinterest accrued thereon, after the payment therefrom of any taxes, bedisbursed and distributed accordingly among the persons entitled thereto orto such person who they may by writing direct.
C. Notwithstanding the provisions of subsection B, the court may inquire intothe rights or claims of any persons appearing to be infants, incapacitated orunder any other legal incapacity, independent of any statement in the record.
D. Any order for distribution shall conserve and protect the rights of suchparties in and to the fund and any interest accrued thereon.
E. The cost of a commissioner in chancery appointed by the court to assist inmaking the proper distribution in cases of legal disability as herein setforth 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.)