{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-224.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-224.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-224.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-224.html"}],"law_id":69799,"edition_id":1,"section_id":69799,"structure_id":16260,"section_number":"25.1-224","catch_line":"Conditions upon entry; bonding; withdrawal of share by owner","history":"Code 1919, \u00a7 4362; 1924, p. 60; Code 1950, \u00a7\u00a7 25-3, 25-4; 1962, c. 426, \u00a7 25-46.8; 1977, c. 394; 1979, c. 494; 2003, c. 940.","full_text":"A\n\nThe court, after 21 days following service of the petitioner’s application, and after a hearing thereon, may approve the petitioner’s application if it finds that:1\n\nA public necessity or an essential public convenience requires such entry for such purposes;2\n\nAn emergency exists justifying such entry before the time when just compensation can be determined and the amount so determined paid into court; and3\n\nThe interests of the owners of such property will be adequately protected by (i) the payment into court for the benefit of the owners of the amount of the offer made in accordance with § 25.1-204 or (ii) if no offer is required by that section, by the payment into the court of the amount of a good faith estimate of the value of the property.B\n\nIn addition, the court may require the petitioner to give a surety bond in an amount and with such surety as the court may determine.C\n\nUpon such findings and payment and the giving of such bond, if any is required, with surety in the office of the clerk or with the court, conditioned as required by law and to the effect that the petitioner and its surety or sureties are bound to the owners of the property to be taken or damaged to secure to each of them payment of just compensation therefor as finally determined in the condemnation proceedings, the petitioner shall have the right to enter and construct its works or improvements upon or through the property as described in its petition.D\n\nAt any time after such payment into court, a party whose property or interest therein is to be taken or damaged may apply to the court for the withdrawal of his share thereof in the manner provided in § 25.1-243.E\n\nThe clerk shall deposit the funds so paid to the credit of the court in an account of a type that bears interest.F\n\nAt any time during the condemnation proceedings, if it appears necessary to do so in order to protect the owners of the property or estate or interest therein to be condemned and assure unto them the payment of just compensation to which they are entitled, the court may require the petitioner to give a new and additional bond in an amount and with sureties satisfactory to the court.","order_by":null,"text":{"0":{"id":252234,"text":"The court, after 21 days following service of the petitioner’s application, and after a hearing thereon, may approve the petitioner’s application if it finds that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":252235,"text":"A public necessity or an essential public convenience requires such entry for such purposes;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":252236,"text":"An emergency exists justifying such entry before the time when just compensation can be determined and the amount so determined paid into court; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":252237,"text":"The interests of the owners of such property will be adequately protected by (i) the payment into court for the benefit of the owners of the amount of the offer made in accordance with § 25.1-204 or (ii) if no offer is required by that section, by the payment into the court of the amount of a good faith estimate of the value of the property.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":252238,"text":"In addition, the court may require the petitioner to give a surety bond in an amount and with such surety as the court may determine.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":252239,"text":"Upon such findings and payment and the giving of such bond, if any is required, with surety in the office of the clerk or with the court, conditioned as required by law and to the effect that the petitioner and its surety or sureties are bound to the owners of the property to be taken or damaged to secure to each of them payment of just compensation therefor as finally determined in the condemnation proceedings, the petitioner shall have the right to enter and construct its works or improvements upon or through the property as described in its petition.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":252240,"text":"At any time after such payment into court, a party whose property or interest therein is to be taken or damaged may apply to the court for the withdrawal of his share thereof in the manner provided in § 25.1-243.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":252241,"text":"The clerk shall deposit the funds so paid to the credit of the court in an account of a type that bears interest.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"8":{"id":252242,"text":"At any time during the condemnation proceedings, if it appears necessary to do so in order to protect the owners of the property or estate or interest therein to be condemned and assure unto them the payment of just compensation to which they are entitled, the court may require the petitioner to give a new and additional bond in an amount and with sureties satisfactory to the court.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":16260,"edition_id":1,"name":"Right of Entry After Filing Petition","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13197,"metadata":{},"date_created":"2026-06-26 04:11:30","date_modified":"2026-06-26 04:11:30","permalink":{"id":189639,"object_type":"structure","relational_id":16260,"identifier":"3","token":"25.1\/2\/3","url":"\/25.1\/2\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13197,"edition_id":1,"name":"Condemnation Procedures","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":13196,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":189537,"object_type":"structure","relational_id":13197,"identifier":"2","token":"25.1\/2","url":"\/25.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13196,"edition_id":1,"name":"Eminent Domain","identifier":"25.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":189493,"object_type":"structure","relational_id":13196,"identifier":"25.1","token":"25.1","url":"\/25.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65779,"structure_id":16260,"section_number":"25.1-223","catch_line":"Right to enter upon property","url":"\/25.1-223\/","token":"25.1\/2\/3\/25.1-223","metadata":false},{"id":69799,"structure_id":16260,"section_number":"25.1-224","catch_line":"Conditions upon entry; bonding; withdrawal of share by owner","url":"\/25.1-224\/","token":"25.1\/2\/3\/25.1-224","metadata":false},{"id":67695,"structure_id":16260,"section_number":"25.1-225","catch_line":"Abandonment of proceedings after entry upon property","url":"\/25.1-225\/","token":"25.1\/2\/3\/25.1-225","metadata":false}],"previous_section":{"id":65779,"structure_id":16260,"section_number":"25.1-223","catch_line":"Right to enter upon property","url":"\/25.1-223\/","token":"25.1\/2\/3\/25.1-223","metadata":false},"next_section":{"id":67695,"structure_id":16260,"section_number":"25.1-225","catch_line":"Abandonment of proceedings after entry upon property","url":"\/25.1-225\/","token":"25.1\/2\/3\/25.1-225","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-224\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. 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. Those modifications are as follows: in 1962, chapter 426; in 1977, chapter 394; in 1979, chapter 494; in 2003, chapter 940<\/a>.<\/p>","references":[{"id":62353,"section_number":"25.1-243","catch_line":"Withdrawal pendente lite of money paid into court","order_by":null,"url":"\/25.1-243\/"},{"id":85598,"section_number":"25.1-244","catch_line":"Interest on award; entry of judgment for award and interest","order_by":null,"url":"\/25.1-244\/"}],"refers_to":[{"id":64662,"section_number":"25.1-204","catch_line":"Effort to purchase required; prerequisite to effort to purchase or filing certificate","order_by":null,"url":"\/25.1-204\/"}],"permalink":{"id":189645,"object_type":"law","relational_id":69799,"identifier":"25.1-224","token":"25.1\/2\/3\/25.1-224","url":"\/25.1-224\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-224\/","token":"25.1\/2\/3\/25.1-224","dublin_core":{"Title":"Conditions upon entry; bonding; withdrawal of share by owner","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-224","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The court<\/span>, after 21 days following service of the petitioner<\/span>’s application, and after a hearing<\/span> thereon, may approve the petitioner<\/span>’s application if it finds that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A public necessity or an essential public convenience requires such entry for such purposes; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An emergency exists justifying such entry before the time when just compensation can be determined and the amount so determined paid into court<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The interests of the owners<\/span> of such property<\/span> will be adequately protected by (i) the payment into court<\/span> for the benefit of the owners<\/span> of the amount of the offer made in accordance with § 25.1-204<\/a> or (ii) if no offer is required by that section, by the payment into the court<\/span> of the amount of a good faith estimate of the value of the property<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In addition, the court<\/span> may require the petitioner<\/span> to give a surety<\/span> bond<\/span> in an amount and with such surety<\/span> as the court<\/span> may determine. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon such findings<\/span> and payment and the giving of such bond<\/span>, if any is required, with surety<\/span> in the office of the clerk or with the court<\/span>, conditioned as required by law<\/span> and to the effect that the petitioner<\/span> and its surety<\/span> or sureties are bound to the owners<\/span> of the property<\/span> to be taken or damaged to secure to each of them payment of just compensation therefor as finally determined in the condemnation proceedings, the petitioner<\/span> shall have the right to enter and construct its works or improvements upon or through the property<\/span> as described in its petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> At any time after such payment into court<\/span>, a party<\/span> whose property<\/span> or interest therein is to be taken or damaged may apply to the court<\/span> for the withdrawal of his share thereof in the manner provided in § 25.1-243<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The clerk shall deposit the funds so paid to the credit of the court<\/span> in an account of a type that bears interest. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> At any time during the condemnation proceedings, if it appears necessary to do so in order<\/span> to protect the owners<\/span> of the property<\/span> or estate or interest therein to be condemned and assure unto them the payment of just compensation to which they are entitled, the court<\/span> may require the petitioner<\/span> to give a new and additional bond<\/span> in an amount and with sureties satisfactory to the court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONDITIONS UPON ENTRY; BONDING; WITHDRAWAL OF SHARE BY OWNER (\u00a7 25.1-224)\n\nA. The court, after 21 days following service of the petitioner’s\napplication, and after a hearing thereon, may approve the petitioner’s\napplication if it finds that:\n\n 1. A public necessity or an essential public convenience requires such entry\n for such purposes;\n\n 2. An emergency exists justifying such entry before the time when just\n compensation can be determined and the amount so determined paid into court;\n and\n\n 3. The interests of the owners of such property will be adequately protected\n by (i) the payment into court for the benefit of the owners of the amount of\n the offer made in accordance with § 25.1-204 or (ii) if no offer is\n required by that section, by the payment into the court of the amount of a\n good faith estimate of the value of the property.\n\nB. In addition, the court may require the petitioner to give a surety bond in an\namount and with such surety as the court may determine.\n\nC. Upon such findings and payment and the giving of such bond, if any is\nrequired, with surety in the office of the clerk or with the court, conditioned\nas required by law and to the effect that the petitioner and its surety or\nsureties are bound to the owners of the property to be taken or damaged to\nsecure to each of them payment of just compensation therefor as finally\ndetermined in the condemnation proceedings, the petitioner shall have the right\nto enter and construct its works or improvements upon or through the property as\ndescribed in its petition.\n\nD. At any time after such payment into court, a party whose property or interest\ntherein is to be taken or damaged may apply to the court for the withdrawal of\nhis share thereof in the manner provided in § 25.1-243.\n\nE. The clerk shall deposit the funds so paid to the credit of the court in an\naccount of a type that bears interest.\n\nF. At any time during the condemnation proceedings, if it appears necessary to\ndo so in order to protect the owners of the property or estate or interest\ntherein to be condemned and assure unto them the payment of just compensation to\nwhich they are entitled, the court may require the petitioner to give a new and\nadditional bond in an amount and with sureties satisfactory to the court.\n\nHISTORY: Code 1919, \u00a7 4362; 1924, p. 60; Code 1950, \u00a7\u00a7 25-3, 25-4; 1962, c.\n426, \u00a7 25-46.8; 1977, c. 394; 1979, c. 494; 2003, c. 940.","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}}