56-522 - Compensation to utility.

§ 56-522. Compensation to utility.

The utility shall be entitled to receive reasonable, proper and lawfulcompensation for the use of its business, facilities and properties by theCommonwealth. In the event the parties in interest are unable to agree uponthe amount of such compensation either party may file a petition in the courtrendering judgment requiring delivery of possession of the utility, or in theevent no such judgment was rendered, in any court mentioned in § 56-516, forthe purpose of having the same judicially determined. The court shall,without a jury, hear such evidence and argument of counsel as may be deemedappropriate and render judgment thereon or may, subject to the provisions of§ 8.01-607, refer to a commissioner such questions as are considered properand act upon the commissioner's report as permitted in the statutes and rulesgoverning commissioners' proceedings. An appeal shall be to the Supreme Courtfrom any final judgment of the court rendered under this section. If theamount of compensation so determined shall be less than the sum paid to theutility under the provisions of § 56-520 the utility shall return the excessby paying the same to the State Treasurer to be credited as the Governor maydirect in accordance with the provisions of § 56-518.

(1952, c. 696; 2005, cc. 681, 885.)