8.01-170 - If allowance for improvements exceed damages, what to be done.
§ 8.01-170. If allowance for improvements exceed damages, what to be done.
If the sum determined for the improvements exceed the damages determined bythe jury against the defendant as aforesaid, they shall then determineagainst him, for any time before such five years, the rents and profitsaccrued against, or damage for waste or other injury done by him, or thoseunder whom he claims, so far as may be necessary to balance his claim forimprovements, but in such case he shall not be liable for the excess, if any,of such rents and profits, or damages, beyond the value of the improvements.
(Code 1950, § 8-846; 1977, c. 617.)