33.1-120 - Payments into court or filing certificate of deposit before entering upon land.
§ 33.1-120. Payments into court or filing certificate of deposit beforeentering upon land.
A. Before entering upon, or taking possession of land pursuant to § 33.1-119,the Commissioner shall either:
1. Pay into the court wherein condemnation proceedings are pending, or are tobe instituted such sum as is required by subsection B; or
2. File with the court wherein condemnation proceedings are pending, or areto be instituted, a certificate of deposit issued by the Commissioner forsuch sum as is required by subsection B, which shall be deemed and held forthe purpose of this chapter to be payment into the custody of such court.
B. The amount to be paid into the court as provided in subdivision A 1 orrepresented by a certificate of deposit as provided in subdivision A 2 shallbe the amount that the Commissioner estimates to be the fair value of theland taken, or interest therein sought, and damage done, which estimate shallbe based on a bona fide appraisal if required by § 25.1-417.
C. If the Commissioner makes a payment into court as provided in subdivisionA 1, it shall also record a certificate of take pursuant to § 33.1-122.
D. Payment against a certificate of deposit, when ordered by the court namedtherein, shall be paid by the Commissioner.
E. As used in this article:
"Certificate" means an instrument that, when recorded in the office of theclerk of the circuit court wherein condemnation proceedings are pending orare to be instituted by the Commissioner, terminates the interest or estateof the owner of the property described therein and vests defeasible title tosuch property or interest or estate of the owner in the Commonwealth."Certificate" includes a certificate of deposit and a certificate of take.
"Certificate of deposit" means a certificate issued by the CommonwealthTransportation Commissioner and countersigned by the State Treasurer, statingthat any sum or sums designated therein shall be paid pursuant to the orderof the court, and which is filed by the Commissioner with the court whereincondemnation proceedings are pending or are to be instituted in lieu of thepayment of funds into court, as provided in subdivision A 2.
"Certificate of take" means a certificate recorded by the Commissioner withthe court wherein condemnation proceedings are pending or are to beinstituted, in connection with which the Commissioner has deposited fundswith the court as provided in subdivision A 1.
F. The Commissioner shall not be permitted to force relocation on improvedowner-occupied property until the owner is permitted to withdraw the fundsrepresented by the certificate filed with the court. However, if the ownerrefuses to withdraw the funds represented by the certificate filed with thecourt or if the Commissioner reasonably believes that the owner does notpossess clear title to the property being taken, that ownership of theproperty is disputed, or that certain owners cannot be located, theCommissioner may petition the court to establish that the owner does notpossess clear title, that the ownership of the property is in dispute, thatcertain owners can not be located, or that the owner has refused to withdrawthe funds represented by the certificate filed with the court, and requestthat the Commissioner be given authority to force relocation.
(Code 1950, § 33-70.2; 1958, c. 581; 1970, cc. 322, 684; 2003, c. 940; 2004,c. 803.)