{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-242.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-242.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-242.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-242.html"}],"law_id":59333,"edition_id":1,"section_id":59333,"structure_id":14280,"section_number":"25.1-242","catch_line":"Appointment of other body to determine just compensation when new trial ordered; costs of new trial","history":"Code 1919, \u00a7\u00a7 4372, 4387; 1934, p. 514; Code 1950, \u00a7\u00a7 25-22, 25-24; 1962, c. 426, \u00a7 25-46.29; 1970, c. 308; 1981, c. 476; 1991, c. 520; 2000, c. 1029; 2003, c. 940.","full_text":"A\n\nIf (i) the body determining just compensation fails to report its award of just compensation within a reasonable time after the issue of just compensation is submitted to it; (ii) the body determining just compensation reports that it is unable to make such award; (iii) the body’s report is set aside; or (iv) a final order upon its report has been set aside upon appeal and a new trial ordered, the court shall, without further notice, as often as seems to it proper, appoint another body to determine just compensation of the same type as the preceding body, and the matter shall proceed as prescribed in this chapter.B\n\nIf a new trial of the issue of just compensation is ordered, either in the trial court or upon appeal, upon an exception by an owner with respect to the insufficiency of the award of just compensation, and the subsequent report of the award of just compensation, which is confirmed, is for the same or a lesser total amount, the court shall (i) tax all the costs of the new trial against the owner making such exception and (ii) order repayment to the petitioner of any sum paid to such owner out of the fund paid into court by the petitioner in excess of the total sum ascertained by the second report with interest thereon from the date the original payment was made to such owner until the date such excess is repaid to the petitioner. Interest accruing thereon prior to July 1, 1970, shall be paid at the rate of five percent annually; interest accruing thereafter and prior to July 1, 1981, shall be paid at the rate of six percent annually; interest accruing thereafter and prior to July 1, 2003, shall be paid at the rate of eight percent annually; and interest accruing thereafter shall be paid at the general account’s primary liquidity portfolio rate, compiled by the Department of the Treasury for the month in which the original payment was made to such owner.C\n\nIf such owner fails to make such repayment within 30 days from the date of the entry of such order, the court shall enter judgment therefor against such owner.","order_by":null,"text":{"0":{"id":217495,"text":"If (i) the body determining just compensation fails to report its award of just compensation within a reasonable time after the issue of just compensation is submitted to it; (ii) the body determining just compensation reports that it is unable to make such award; (iii) the body’s report is set aside; or (iv) a final order upon its report has been set aside upon appeal and a new trial ordered, the court shall, without further notice, as often as seems to it proper, appoint another body to determine just compensation of the same type as the preceding body, and the matter shall proceed as prescribed in this chapter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":217496,"text":"If a new trial of the issue of just compensation is ordered, either in the trial court or upon appeal, upon an exception by an owner with respect to the insufficiency of the award of just compensation, and the subsequent report of the award of just compensation, which is confirmed, is for the same or a lesser total amount, the court shall (i) tax all the costs of the new trial against the owner making such exception and (ii) order repayment to the petitioner of any sum paid to such owner out of the fund paid into court by the petitioner in excess of the total sum ascertained by the second report with interest thereon from the date the original payment was made to such owner until the date such excess is repaid to the petitioner. Interest accruing thereon prior to July 1, 1970, shall be paid at the rate of five percent annually; interest accruing thereafter and prior to July 1, 1981, shall be paid at the rate of six percent annually; interest accruing thereafter and prior to July 1, 2003, shall be paid at the rate of eight percent annually; and interest accruing thereafter shall be paid at the general account’s primary liquidity portfolio rate, compiled by the Department of the Treasury for the month in which the original payment was made to such owner.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":217497,"text":"If such owner fails to make such repayment within 30 days from the date of the entry of such order, the court shall enter judgment therefor against such owner.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14280,"edition_id":1,"name":"Judgment and Post-Judgment Procedure","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":13197,"metadata":{},"date_created":"2026-06-26 03:47:35","date_modified":"2026-06-26 03:47:35","permalink":{"id":189711,"object_type":"structure","relational_id":14280,"identifier":"7","token":"25.1\/2\/7","url":"\/25.1\/2\/7\/","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":86229,"structure_id":14280,"section_number":"25.1-237","catch_line":"Payment of compensation and damages into court; vesting of title","url":"\/25.1-237\/","token":"25.1\/2\/7\/25.1-237","metadata":false},{"id":60686,"structure_id":14280,"section_number":"25.1-238","catch_line":"Petitioner may begin work during pendency of proceedings; injunction prohibited","url":"\/25.1-238\/","token":"25.1\/2\/7\/25.1-238","metadata":false},{"id":69530,"structure_id":14280,"section_number":"25.1-239","catch_line":"Finality of order confirming, altering or modifying report; appeal","url":"\/25.1-239\/","token":"25.1\/2\/7\/25.1-239","metadata":false},{"id":85738,"structure_id":14280,"section_number":"25.1-240","catch_line":"Distribution of money paid into court","url":"\/25.1-240\/","token":"25.1\/2\/7\/25.1-240","metadata":false},{"id":55546,"structure_id":14280,"section_number":"25.1-241","catch_line":"Hearing on controversy among claimants to money paid into court","url":"\/25.1-241\/","token":"25.1\/2\/7\/25.1-241","metadata":false},{"id":59333,"structure_id":14280,"section_number":"25.1-242","catch_line":"Appointment of other body to determine just compensation when new trial ordered; costs of new trial","url":"\/25.1-242\/","token":"25.1\/2\/7\/25.1-242","metadata":false},{"id":62353,"structure_id":14280,"section_number":"25.1-243","catch_line":"Withdrawal pendente lite of money paid into court","url":"\/25.1-243\/","token":"25.1\/2\/7\/25.1-243","metadata":false},{"id":85598,"structure_id":14280,"section_number":"25.1-244","catch_line":"Interest on award; entry of judgment for award and interest","url":"\/25.1-244\/","token":"25.1\/2\/7\/25.1-244","metadata":false},{"id":61579,"structure_id":14280,"section_number":"25.1-245","catch_line":"Repealed","url":"\/25.1-245\/","token":"25.1\/2\/7\/25.1-245","metadata":false},{"id":84034,"structure_id":14280,"section_number":"25.1-245.1","catch_line":"Costs","url":"\/25.1-245.1\/","token":"25.1\/2\/7\/25.1-245.1","metadata":false},{"id":60692,"structure_id":14280,"section_number":"25.1-246","catch_line":"When sheriff to remove forcible resistance to entry","url":"\/25.1-246\/","token":"25.1\/2\/7\/25.1-246","metadata":false},{"id":75964,"structure_id":14280,"section_number":"25.1-247","catch_line":"Recordation of orders, judgments and proceedings; costs","url":"\/25.1-247\/","token":"25.1\/2\/7\/25.1-247","metadata":false},{"id":58590,"structure_id":14280,"section_number":"25.1-247.1","catch_line":"Distribution of funds to owner or owner's attorney","url":"\/25.1-247.1\/","token":"25.1\/2\/7\/25.1-247.1","metadata":false}],"previous_section":{"id":55546,"structure_id":14280,"section_number":"25.1-241","catch_line":"Hearing on controversy among claimants to money paid into court","url":"\/25.1-241\/","token":"25.1\/2\/7\/25.1-241","metadata":false},"next_section":{"id":62353,"structure_id":14280,"section_number":"25.1-243","catch_line":"Withdrawal pendente lite of money paid into court","url":"\/25.1-243\/","token":"25.1\/2\/7\/25.1-243","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-242\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 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 1970, chapter 308; in 1981, chapter 476; in 1991, chapter 520; in 2000, chapter 1029<\/a>; in 2003, chapter 940<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":189733,"object_type":"law","relational_id":59333,"identifier":"25.1-242","token":"25.1\/2\/7\/25.1-242","url":"\/25.1-242\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-242\/","token":"25.1\/2\/7\/25.1-242","dublin_core":{"Title":"Appointment of other body to determine just compensation when new trial ordered; costs of new trial","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-242","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If (i) the body determining just compensation<\/span> fails to report its award of just compensation within a reasonable time after the issue<\/span> of just compensation is submitted to it; (ii) the body determining just compensation<\/span> reports that it is unable to make such award; (iii) the body’s report is set aside; or (iv) a final order<\/span> upon its report has been set aside upon appeal<\/span> and a new trial<\/span> ordered, the court<\/span> shall, without further notice, as often as seems to it proper, appoint another body to determine just compensation of the same type as the preceding body, and the matter shall proceed as prescribed in this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If a new trial<\/span> of the issue<\/span> of just compensation is ordered, either in the trial<\/span> court<\/span> or upon appeal<\/span>, upon an exception by an owner<\/span> with respect to the insufficiency of the award of just compensation, and the subsequent report of the award of just compensation, which is confirmed, is for the same or a lesser total amount, the court<\/span> shall (i) tax all the costs of the new trial<\/span> against the owner<\/span> making such exception and (ii) order repayment to the petitioner<\/span> of any sum paid to such owner<\/span> out of the fund paid into court<\/span> by the petitioner<\/span> in excess of the total sum ascertained by the second report with interest thereon from the date the original payment was made to such owner<\/span> until the date such excess is repaid to the petitioner<\/span>. Interest accruing thereon prior to July 1, 1970, shall be paid at the rate of five percent annually; interest accruing thereafter and prior to July 1, 1981, shall be paid at the rate of six percent annually; interest accruing thereafter and prior to July 1, 2003, shall be paid at the rate of eight percent annually; and interest accruing thereafter shall be paid at the general account’s primary liquidity portfolio rate, compiled by the Department of the Treasury for the month in which the original payment was made to such owner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If such owner<\/span> fails to make such repayment within 30 days from the date of the entry of such order, the court<\/span> shall enter judgment<\/span> therefor against such owner<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPOINTMENT OF OTHER BODY TO DETERMINE JUST COMPENSATION WHEN NEW TRIAL ORDERED;\nCOSTS OF NEW TRIAL (\u00a7 25.1-242)\n\nA. If (i) the body determining just compensation fails to report its award of\njust compensation within a reasonable time after the issue of just compensation\nis submitted to it; (ii) the body determining just compensation reports that it\nis unable to make such award; (iii) the body’s report is set aside; or\n(iv) a final order upon its report has been set aside upon appeal and a new\ntrial ordered, the court shall, without further notice, as often as seems to it\nproper, appoint another body to determine just compensation of the same type as\nthe preceding body, and the matter shall proceed as prescribed in this chapter.\n\nB. If a new trial of the issue of just compensation is ordered, either in the\ntrial court or upon appeal, upon an exception by an owner with respect to the\ninsufficiency of the award of just compensation, and the subsequent report of\nthe award of just compensation, which is confirmed, is for the same or a lesser\ntotal amount, the court shall (i) tax all the costs of the new trial against the\nowner making such exception and (ii) order repayment to the petitioner of any\nsum paid to such owner out of the fund paid into court by the petitioner in\nexcess of the total sum ascertained by the second report with interest thereon\nfrom the date the original payment was made to such owner until the date such\nexcess is repaid to the petitioner. Interest accruing thereon prior to July 1,\n1970, shall be paid at the rate of five percent annually; interest accruing\nthereafter and prior to July 1, 1981, shall be paid at the rate of six percent\nannually; interest accruing thereafter and prior to July 1, 2003, shall be paid\nat the rate of eight percent annually; and interest accruing thereafter shall be\npaid at the general account’s primary liquidity portfolio rate, compiled\nby the Department of the Treasury for the month in which the original payment\nwas made to such owner.\n\nC. If such owner fails to make such repayment within 30 days from the date of\nthe entry of such order, the court shall enter judgment therefor against such\nowner.\n\nHISTORY: Code 1919, \u00a7\u00a7 4372, 4387; 1934, p. 514; Code 1950, \u00a7\u00a7 25-22, 25-24;\n1962, c. 426, \u00a7 25-46.29; 1970, c. 308; 1981, c. 476; 1991, c. 520; 2000, c.\n1029; 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}}