{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-243.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-243.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-243.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-243.html"}],"law_id":62353,"edition_id":1,"section_id":62353,"structure_id":14280,"section_number":"25.1-243","catch_line":"Withdrawal pendente lite of money paid into court","history":"1962, c. 426, \u00a7 25-46.30; 1970, c. 308; 1979, c. 494; 1981, c. 476; 2003, c. 940.","full_text":"A\n\nAt any time after payment into court of the sum ascertained in the report of the award of just compensation, notwithstanding the fact that another trial of the issue of just compensation has been ordered or an appeal has been taken from a final order upon the report as provided in subsection B of § 25.1-239, a party whose property or interest therein is to be taken or damaged may apply to the court, in the manner provided in this section, for the withdrawal pendente lite of all, or any portion of his pro rata share, of the amount deposited for his interest in the property to be taken or damaged, together with his pro rata share of any interest accrued thereon.B\n\nIf such application requests withdrawal of an amount in excess of 50 percent of such owner’s pro rata share of the amount deposited, exclusive of interest, the court may require the applicant, before withdrawing any of such excess, to give or file a bond with the court for the return of the amount withdrawn that exceeds the amount to which the owner is entitled as finally determined in the condemnation proceeding, together with interest from the date of the withdrawal of the amount in excess of 50 percent of such owner’s pro rata share of such amount deposited. Such bond shall be with surety approved by the court or clerk, conditioned as required by law to the effect that they are bound to the petitioner in such amount as fixed by the court, but not to exceed double the amount of such excess. Interest accruing 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.C\n\nSuch application shall be verified and shall set forth the owner’s interest in the property to be taken or damaged and request withdrawal of a stated amount. A copy of such application for withdrawal shall be served upon the petitioner or its counsel of record. No order permitting such withdrawal shall be entered until at least 21 days after service of such application upon the petitioner without its consent. Within such 21-day period the petitioner may object to such withdrawal by filing written objections thereto with the court on the grounds that the amount of, or the sureties upon the proposed bond are insufficient or that other persons are known or believed to have interests in such property. A copy of any such objections shall be served upon the applicant and such other persons as have appeared or answered, or their attorneys of record.D\n\nIf any person appears and objects to the proposed withdrawal, or if the petitioner so requests, the court shall determine the amount to be withdrawn, if any, and the persons entitled thereto. Upon such determination, no other person so served shall have any claim against the petitioner to the extent of the amount so withdrawn. The court may follow the procedure prescribed in § 25.1-241 for the determination of any controversy among any claimants to the funds or to the ownership of the property subject to the condemnation, and may tax the costs thereof as therein provided.E\n\nIf the award that is confirmed finally is for a lesser amount than the amount paid into court, the petitioner shall recover the amount of such excess and, if any person has been paid a greater sum than that to which he is entitled, judgment shall be entered for the petitioner against such person for the amount of such excess and any interest thereon.F\n\nThe amount of the petitioner’s deposit under § 25.1-224 or § 25.1-237 and the amount of such deposit withdrawn by any party in accordance with the provisions of this section shall not be given in evidence or referred to in the trial of the issue of just compensation or be considered by the court or upon appeal in determining whether the award is inadequate or excessive, nor limit the rights of any party to appeal from any decision therein.","order_by":null,"text":{"0":{"id":227433,"text":"At any time after payment into court of the sum ascertained in the report of the award of just compensation, notwithstanding the fact that another trial of the issue of just compensation has been ordered or an appeal has been taken from a final order upon the report as provided in subsection B of § 25.1-239, a party whose property or interest therein is to be taken or damaged may apply to the court, in the manner provided in this section, for the withdrawal pendente lite of all, or any portion of his pro rata share, of the amount deposited for his interest in the property to be taken or damaged, together with his pro rata share of any interest accrued thereon.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":227434,"text":"If such application requests withdrawal of an amount in excess of 50 percent of such owner’s pro rata share of the amount deposited, exclusive of interest, the court may require the applicant, before withdrawing any of such excess, to give or file a bond with the court for the return of the amount withdrawn that exceeds the amount to which the owner is entitled as finally determined in the condemnation proceeding, together with interest from the date of the withdrawal of the amount in excess of 50 percent of such owner’s pro rata share of such amount deposited. Such bond shall be with surety approved by the court or clerk, conditioned as required by law to the effect that they are bound to the petitioner in such amount as fixed by the court, but not to exceed double the amount of such excess. Interest accruing 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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":227435,"text":"Such application shall be verified and shall set forth the owner’s interest in the property to be taken or damaged and request withdrawal of a stated amount. A copy of such application for withdrawal shall be served upon the petitioner or its counsel of record. No order permitting such withdrawal shall be entered until at least 21 days after service of such application upon the petitioner without its consent. Within such 21-day period the petitioner may object to such withdrawal by filing written objections thereto with the court on the grounds that the amount of, or the sureties upon the proposed bond are insufficient or that other persons are known or believed to have interests in such property. A copy of any such objections shall be served upon the applicant and such other persons as have appeared or answered, or their attorneys of record.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":227436,"text":"If any person appears and objects to the proposed withdrawal, or if the petitioner so requests, the court shall determine the amount to be withdrawn, if any, and the persons entitled thereto. Upon such determination, no other person so served shall have any claim against the petitioner to the extent of the amount so withdrawn. The court may follow the procedure prescribed in § 25.1-241 for the determination of any controversy among any claimants to the funds or to the ownership of the property subject to the condemnation, and may tax the costs thereof as therein provided.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":227437,"text":"If the award that is confirmed finally is for a lesser amount than the amount paid into court, the petitioner shall recover the amount of such excess and, if any person has been paid a greater sum than that to which he is entitled, judgment shall be entered for the petitioner against such person for the amount of such excess and any interest thereon.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":227438,"text":"The amount of the petitioner’s deposit under § 25.1-224 or § 25.1-237 and the amount of such deposit withdrawn by any party in accordance with the provisions of this section shall not be given in evidence or referred to in the trial of the issue of just compensation or be considered by the court or upon appeal in determining whether the award is inadequate or excessive, nor limit the rights of any party to appeal from any decision therein.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-243\/","history_text":"

This law was first created in 1962. The record of its establishment is cataloged in chapter 426 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1962 \u201cActs\u201d aren\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 1970, chapter 308; in 1979, chapter 494; in 1981, chapter 476; in 2003, chapter 940<\/a>.<\/p>","references":[{"id":58590,"section_number":"25.1-247.1","catch_line":"Distribution of funds to owner or owner's attorney","order_by":null,"url":"\/25.1-247.1\/"},{"id":83027,"section_number":"33.2-1027.1","catch_line":"Distribution of funds to owner or owner's attorney","order_by":null,"url":"\/33.2-1027.1\/"}],"refers_to":[{"id":69799,"section_number":"25.1-224","catch_line":"Conditions upon entry; bonding; withdrawal of share by owner","order_by":null,"url":"\/25.1-224\/"},{"id":86229,"section_number":"25.1-237","catch_line":"Payment of compensation and damages into court; vesting of title","order_by":null,"url":"\/25.1-237\/"},{"id":69530,"section_number":"25.1-239","catch_line":"Finality of order confirming, altering or modifying report; appeal","order_by":null,"url":"\/25.1-239\/"},{"id":55546,"section_number":"25.1-241","catch_line":"Hearing on controversy among claimants to money paid into court","order_by":null,"url":"\/25.1-241\/"}],"permalink":{"id":189737,"object_type":"law","relational_id":62353,"identifier":"25.1-243","token":"25.1\/2\/7\/25.1-243","url":"\/25.1-243\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-243\/","token":"25.1\/2\/7\/25.1-243","dublin_core":{"Title":"Withdrawal pendente lite of money paid into court","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-243","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> At any time after payment into court<\/span> of the sum ascertained in the report of the award of just compensation, notwithstanding the fact<\/span> that another trial<\/span> of the issue<\/span> of just compensation has been ordered or an appeal<\/span> has been taken from a final order<\/span> upon the report as provided in subsection B of § 25.1-239<\/a>, a party<\/span> whose property<\/span> or interest therein is to be taken or damaged may apply to the court<\/span>, in the manner provided in this section, for the withdrawal pendente lite<\/span> of all, or any portion of his pro rata share, of the amount deposited for his interest in the property<\/span> to be taken or damaged, together with his pro rata share of any interest accrued thereon. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If such application requests withdrawal of an amount in excess of 50 percent of such owner<\/span>’s pro rata share of the amount deposited, exclusive of interest, the court<\/span> may require the applicant, before withdrawing any of such excess, to give or file a bond<\/span> with the court<\/span> for the return of the amount withdrawn that exceeds the amount to which the owner<\/span> is entitled as finally determined in the condemnation proceeding, together with interest from the date of the withdrawal of the amount in excess of 50 percent of such owner<\/span>’s pro rata share of such amount deposited. Such bond<\/span> shall be with surety<\/span> approved by the court<\/span> or clerk, conditioned as required by law<\/span> to the effect that they are bound to the petitioner<\/span> in such amount as fixed by the court<\/span>, but not to exceed double the amount of such excess. Interest accruing 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Such application shall be verified and shall set forth the owner<\/span>’s interest in the property<\/span> to be taken or damaged and request withdrawal of a stated amount. A copy of such application for withdrawal shall be served upon the petitioner<\/span> or its counsel<\/span> of record. No order permitting such withdrawal shall be entered until at least 21 days after service of such application upon the petitioner<\/span> without its consent. Within such 21-day period the petitioner<\/span> may object<\/span> to such withdrawal by filing written objections thereto with the court<\/span> on the grounds that the amount of, or the sureties upon the proposed bond<\/span> are insufficient or that other persons<\/span> are known or believed to have interests in such property<\/span>. A copy of any such objections shall be served upon the applicant and such other persons<\/span> as have appeared or answered, or their attorneys of record. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If any person<\/span> appears and objects<\/span> to the proposed withdrawal, or if the petitioner<\/span> so requests, the court<\/span> shall determine the amount to be withdrawn, if any, and the persons<\/span> entitled thereto. Upon such determination, no other person<\/span> so served shall have any claim against the petitioner<\/span> to the extent of the amount so withdrawn. The court<\/span> may follow the procedure prescribed in § 25.1-241<\/a> for the determination of any controversy among any claimants to the funds or to the ownership of the property<\/span> subject to the condemnation, and may tax the costs thereof as therein provided. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the award that is confirmed finally is for a lesser amount than the amount paid into court<\/span>, the petitioner<\/span> shall recover the amount of such excess and, if any person<\/span> has been paid a greater sum than that to which he is entitled, judgment<\/span> shall be entered for the petitioner<\/span> against such person<\/span> for the amount of such excess and any interest thereon. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The amount of the petitioner<\/span>’s deposit under § 25.1-224<\/a> or § 25.1-237<\/a> and the amount of such deposit withdrawn by any party<\/span> in accordance with the provisions of this section shall not be given in evidence<\/span> or referred to in the trial<\/span> of the issue<\/span> of just compensation or be considered by the court<\/span> or upon appeal<\/span> in determining whether the award is inadequate or excessive, nor limit the rights of any party<\/span> to appeal<\/span> from any decision therein. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWITHDRAWAL PENDENTE LITE OF MONEY PAID INTO COURT (\u00a7 25.1-243)\n\nA. At any time after payment into court of the sum ascertained in the report of\nthe award of just compensation, notwithstanding the fact that another trial of\nthe issue of just compensation has been ordered or an appeal has been taken from\na final order upon the report as provided in subsection B of § 25.1-239, a\nparty whose property or interest therein is to be taken or damaged may apply to\nthe court, in the manner provided in this section, for the withdrawal pendente\nlite of all, or any portion of his pro rata share, of the amount deposited for\nhis interest in the property to be taken or damaged, together with his pro rata\nshare of any interest accrued thereon.\n\nB. If such application requests withdrawal of an amount in excess of 50 percent\nof such owner’s pro rata share of the amount deposited, exclusive of\ninterest, the court may require the applicant, before withdrawing any of such\nexcess, to give or file a bond with the court for the return of the amount\nwithdrawn that exceeds the amount to which the owner is entitled as finally\ndetermined in the condemnation proceeding, together with interest from the date\nof the withdrawal of the amount in excess of 50 percent of such owner’s\npro rata share of such amount deposited. Such bond shall be with surety approved\nby the court or clerk, conditioned as required by law to the effect that they\nare bound to the petitioner in such amount as fixed by the court, but not to\nexceed double the amount of such excess. Interest accruing 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.\n\nC. Such application shall be verified and shall set forth the owner’s\ninterest in the property to be taken or damaged and request withdrawal of a\nstated amount. A copy of such application for withdrawal shall be served upon\nthe petitioner or its counsel of record. No order permitting such withdrawal\nshall be entered until at least 21 days after service of such application upon\nthe petitioner without its consent. Within such 21-day period the petitioner may\nobject to such withdrawal by filing written objections thereto with the court on\nthe grounds that the amount of, or the sureties upon the proposed bond are\ninsufficient or that other persons are known or believed to have interests in\nsuch property. A copy of any such objections shall be served upon the applicant\nand such other persons as have appeared or answered, or their attorneys of\nrecord.\n\nD. If any person appears and objects to the proposed withdrawal, or if the\npetitioner so requests, the court shall determine the amount to be withdrawn, if\nany, and the persons entitled thereto. Upon such determination, no other person\nso served shall have any claim against the petitioner to the extent of the\namount so withdrawn. The court may follow the procedure prescribed in §\n25.1-241 for the determination of any controversy among any claimants to the\nfunds or to the ownership of the property subject to the condemnation, and may\ntax the costs thereof as therein provided.\n\nE. If the award that is confirmed finally is for a lesser amount than the amount\npaid into court, the petitioner shall recover the amount of such excess and, if\nany person has been paid a greater sum than that to which he is entitled,\njudgment shall be entered for the petitioner against such person for the amount\nof such excess and any interest thereon.\n\nF. The amount of the petitioner’s deposit under § 25.1-224 or §\n25.1-237 and the amount of such deposit withdrawn by any party in accordance\nwith the provisions of this section shall not be given in evidence or referred\nto in the trial of the issue of just compensation or be considered by the court\nor upon appeal in determining whether the award is inadequate or excessive, nor\nlimit the rights of any party to appeal from any decision therein.\n\nHISTORY: 1962, c. 426, \u00a7 25-46.30; 1970, c. 308; 1979, c. 494; 1981, c. 476;\n2003, 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}}