8.01-175 - When plaintiff may require his estate only to be valued; how determined; how he may elect to relinquish his title to defendant.
§ 8.01-175. When plaintiff may require his estate only to be valued; howdetermined; how he may elect to relinquish his title to defendant.
A. When the defendant shall claim allowance for improvements, the plaintiffmay, by an entry on the record, require that the value of his estate in thepremises, without the improvements, shall also be ascertained.
B. The value of the premises in such case shall be determined as it wouldhave been at the time of the inquiry, if no such improvements had been made,and shall be ascertained in the manner hereinbefore provided for determiningthe value of improvements.
C. The plaintiff in such case, if judgment is rendered for him, may at anytime, enter on the record his election to relinquish his estate in thepremises to the defendant at the value so ascertained under this section, andthe defendant shall thenceforth hold all the estate that the plaintiff hadtherein at the commencement of the suit, provided he pay therefor such value,with interest, in the manner in which the court may direct.
(Code 1950, §§ 8-851, 8-852, 8-853; 1977, c. 617.)