25.1-241 - Hearing on controversy among claimants to money paid into court.
§ 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 claimantsto the fund and any interest accrued thereon, or to the ownership of theproperty subject to the condemnation, the court shall enter an order settinga time for hearing the case and determining the rights and claims of allpersons entitled to the fund or to any interest or share therein.
B. In order to enable the court to determine the proper disposition of thefund and any interest accrued thereon, the court may, for good cause shown,appoint a commissioner in chancery to take evidence upon the conflictingclaims. If the fund, exclusive of interest, is $500 or more, the costsincident to or arising out of a trial or a determination of such issues orout of a determination of the ownership of the fund and any interest accruedthereon or the distribution thereof shall not be taxed against thepetitioner. If the fund, exclusive of interest, is less than $500, such costsshall be taxed against the petitioner.
C. Upon a determination by the court of the rights and claims of the personsentitled to the fund and any interest accrued thereon, an order shall beentered directing the disbursement among the persons entitled thereto or towhomsoever they may by writing direct. Any party aggrieved thereby may applyfor 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.)