{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-1916.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-1916.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-1916.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-1916.html"}],"law_id":71456,"edition_id":1,"section_id":71456,"structure_id":14127,"section_number":"15.2-1916","catch_line":"Right to pay compensation into court and take possession and operate","history":"1938, p. 50; Michie Code 1942, \u00a7 4387a; Code 1950, \u00a7 25-55; 2003, c. 940.","full_text":"A\n\nNotwithstanding any exceptions that may be filed to the report of the body determining just compensation or the pendency of proceedings on the exceptions, or any appeal or writ of error that may be contemplated or may be pending, or the pendency of any other matters in such proceedings, any such city or county shall have the right at any time pending such proceedings, after the filing of the report of the body determining just compensation, to pay into court the amount of the award fixed by the report and take possession of and operate the property sought to be condemned and embraced in such report, and to enlarge the works taken and construct additional works on any property taken and to make any needed repairs to or replacements, or substitutions with respect to the works or any part thereof. No court or judge shall enter any order or decree restraining, prohibiting or enjoining any such city or county from taking such possession of any such waterworks or other property embraced in the report of the body determining just compensation, or from operating same or making replacements, repairs, betterments or additions thereto.B\n\nIf such money is paid and possession taken within 90 days of the time of the filing of the report of the body determining just compensation, no interest on the amount of the award, or any part thereof, shall be allowable to the defendant or defendants, and if such money is paid and possession taken after the lapse of more than 90 days from the date of the filing of the report of the body determining just compensation, the court, upon hearing after due notice, shall adjudicate all claims made by the defendant or defendants for damages claimed to have been sustained and for interest on the value of the property taken, and for additions thereto or replacements during or for the time elapsed since the expiration of the 90 days. If the property taken, or any part thereof, be income producing the court shall take into consideration any income accruing to the property owner during such period, and shall also take into consideration depreciation of an operating water system as well as the cost of additions, betterments, and replacements made by the city or county. If the court finds that the property owner is entitled to receive any additional payment by reason of such matters, it shall render judgment against the city or county for the amount thereof.","order_by":null,"text":{"0":{"id":257589,"text":"Notwithstanding any exceptions that may be filed to the report of the body determining just compensation or the pendency of proceedings on the exceptions, or any appeal or writ of error that may be contemplated or may be pending, or the pendency of any other matters in such proceedings, any such city or county shall have the right at any time pending such proceedings, after the filing of the report of the body determining just compensation, to pay into court the amount of the award fixed by the report and take possession of and operate the property sought to be condemned and embraced in such report, and to enlarge the works taken and construct additional works on any property taken and to make any needed repairs to or replacements, or substitutions with respect to the works or any part thereof. No court or judge shall enter any order or decree restraining, prohibiting or enjoining any such city or county from taking such possession of any such waterworks or other property embraced in the report of the body determining just compensation, or from operating same or making replacements, repairs, betterments or additions thereto.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":257590,"text":"If such money is paid and possession taken within 90 days of the time of the filing of the report of the body determining just compensation, no interest on the amount of the award, or any part thereof, shall be allowable to the defendant or defendants, and if such money is paid and possession taken after the lapse of more than 90 days from the date of the filing of the report of the body determining just compensation, the court, upon hearing after due notice, shall adjudicate all claims made by the defendant or defendants for damages claimed to have been sustained and for interest on the value of the property taken, and for additions thereto or replacements during or for the time elapsed since the expiration of the 90 days. If the property taken, or any part thereof, be income producing the court shall take into consideration any income accruing to the property owner during such period, and shall also take into consideration depreciation of an operating water system as well as the cost of additions, betterments, and replacements made by the city or county. If the court finds that the property owner is entitled to receive any additional payment by reason of such matters, it shall render judgment against the city or county for the amount thereof.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14127,"edition_id":1,"name":"Acquisition of Waterworks Systems","identifier":"19.1","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:46:57","date_modified":"2026-06-26 03:46:57","permalink":{"id":154147,"object_type":"structure","relational_id":14127,"identifier":"19.1","token":"15.2\/II\/19.1","url":"\/15.2\/II\/19.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83457,"structure_id":14127,"section_number":"15.2-1908","catch_line":"Council or other governing body to file copy of resolution","url":"\/15.2-1908\/","token":"15.2\/II\/19.1\/15.2-1908","metadata":false},{"id":55269,"structure_id":14127,"section_number":"15.2-1909","catch_line":"Such resolution to contain statement as to issuance of bonds","url":"\/15.2-1909\/","token":"15.2\/II\/19.1\/15.2-1909","metadata":false},{"id":70704,"structure_id":14127,"section_number":"15.2-1910","catch_line":"Prerequisite to issuance and sale of bonds","url":"\/15.2-1910\/","token":"15.2\/II\/19.1\/15.2-1910","metadata":false},{"id":80978,"structure_id":14127,"section_number":"15.2-1911","catch_line":"Statement by defendant precludes appeal","url":"\/15.2-1911\/","token":"15.2\/II\/19.1\/15.2-1911","metadata":false},{"id":86137,"structure_id":14127,"section_number":"15.2-1912","catch_line":"Time for sale of bonds or payment fixed by court","url":"\/15.2-1912\/","token":"15.2\/II\/19.1\/15.2-1912","metadata":false},{"id":56612,"structure_id":14127,"section_number":"15.2-1913","catch_line":"Time for holding election if revenue bonds are to be issued","url":"\/15.2-1913\/","token":"15.2\/II\/19.1\/15.2-1913","metadata":false},{"id":85917,"structure_id":14127,"section_number":"15.2-1914","catch_line":"Proceedings dismissed if issuance defeated or bonds cannot be sold; resolution of approval of report not deemed contract to purchase","url":"\/15.2-1914\/","token":"15.2\/II\/19.1\/15.2-1914","metadata":false},{"id":78524,"structure_id":14127,"section_number":"15.2-1915","catch_line":"Proceedings dismissed on failure to pay compensation; judgment for fees and costs","url":"\/15.2-1915\/","token":"15.2\/II\/19.1\/15.2-1915","metadata":false},{"id":71456,"structure_id":14127,"section_number":"15.2-1916","catch_line":"Right to pay compensation into court and take possession and operate","url":"\/15.2-1916\/","token":"15.2\/II\/19.1\/15.2-1916","metadata":false}],"previous_section":{"id":78524,"structure_id":14127,"section_number":"15.2-1915","catch_line":"Proceedings dismissed on failure to pay compensation; judgment for fees and costs","url":"\/15.2-1915\/","token":"15.2\/II\/19.1\/15.2-1915","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-1916\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2003, chapter 940<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":154181,"object_type":"law","relational_id":71456,"identifier":"15.2-1916","token":"15.2\/II\/19.1\/15.2-1916","url":"\/15.2-1916\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-1916\/","token":"15.2\/II\/19.1\/15.2-1916","dublin_core":{"Title":"Right to pay compensation into court and take possession and operate","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-1916","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any exceptions that may be filed to the report of the body determining just compensation or the pendency of proceedings on the exceptions, or any appeal<\/span> or writ<\/span> of error that may be contemplated or may be pending, or the pendency of any other matters in such proceedings, any such city<\/span> or county<\/span> shall have the right at any time pending such proceedings, after the filing of the report of the body determining just compensation, to pay into court<\/span> the amount of the award fixed by the report and take possession<\/span> of and operate the property sought to be condemned and embraced in such report, and to enlarge the works taken and construct additional works on any property taken and to make any needed repairs to or replacements, or substitutions with respect to the works or any part thereof. No court<\/span> or judge<\/span> shall enter any order<\/span> or decree<\/span> restraining, prohibiting or enjoining any such city<\/span> or county<\/span> from taking such possession<\/span> of any such waterworks or other property embraced in the report of the body determining just compensation, or from operating same or making replacements, repairs, betterments or additions thereto. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If such money is paid and possession<\/span> taken within 90 days of the time of the filing of the report of the body determining just compensation, no interest on the amount of the award, or any part thereof, shall be allowable to the defendant<\/span> or defendants<\/span>, and if such money is paid and possession<\/span> taken after the lapse of more than 90 days from the date of the filing of the report of the body determining just compensation, the court<\/span>, upon hearing<\/span> after due notice, shall adjudicate<\/span> all claims made by the defendant<\/span> or defendants<\/span> for damages<\/span> claimed to have been sustained and for interest on the value of the property taken, and for additions thereto or replacements during or for the time elapsed since the expiration of the 90 days. If the property taken, or any part thereof, be income producing the court<\/span> shall take into consideration any income accruing to the property owner during such period, and shall also take into consideration depreciation of an operating water system as well as the cost of additions, betterments, and replacements made by the city<\/span> or county<\/span>. If the court<\/span> finds that the property owner is entitled to receive any additional payment by reason of such matters, it shall render judgment<\/span> against the city<\/span> or county<\/span> for the amount thereof. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRIGHT TO PAY COMPENSATION INTO COURT AND TAKE POSSESSION AND OPERATE (\u00a7\n15.2-1916)\n\nA. Notwithstanding any exceptions that may be filed to the report of the body\ndetermining just compensation or the pendency of proceedings on the exceptions,\nor any appeal or writ of error that may be contemplated or may be pending, or\nthe pendency of any other matters in such proceedings, any such city or county\nshall have the right at any time pending such proceedings, after the filing of\nthe report of the body determining just compensation, to pay into court the\namount of the award fixed by the report and take possession of and operate the\nproperty sought to be condemned and embraced in such report, and to enlarge the\nworks taken and construct additional works on any property taken and to make any\nneeded repairs to or replacements, or substitutions with respect to the works or\nany part thereof. No court or judge shall enter any order or decree restraining,\nprohibiting or enjoining any such city or county from taking such possession of\nany such waterworks or other property embraced in the report of the body\ndetermining just compensation, or from operating same or making replacements,\nrepairs, betterments or additions thereto.\n\nB. If such money is paid and possession taken within 90 days of the time of the\nfiling of the report of the body determining just compensation, no interest on\nthe amount of the award, or any part thereof, shall be allowable to the\ndefendant or defendants, and if such money is paid and possession taken after\nthe lapse of more than 90 days from the date of the filing of the report of the\nbody determining just compensation, the court, upon hearing after due notice,\nshall adjudicate all claims made by the defendant or defendants for damages\nclaimed to have been sustained and for interest on the value of the property\ntaken, and for additions thereto or replacements during or for the time elapsed\nsince the expiration of the 90 days. If the property taken, or any part thereof,\nbe income producing the court shall take into consideration any income accruing\nto the property owner during such period, and shall also take into consideration\ndepreciation of an operating water system as well as the cost of additions,\nbetterments, and replacements made by the city or county. If the court finds\nthat the property owner is entitled to receive any additional payment by reason\nof such matters, it shall render judgment against the city or county for the\namount thereof.\n\nHISTORY: 1938, p. 50; Michie Code 1942, \u00a7 4387a; Code 1950, \u00a7 25-55; 2003, c.\n940.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}