{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-305.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-305.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-305.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-305.html"}],"law_id":63540,"edition_id":1,"section_id":63540,"structure_id":15046,"section_number":"25.1-305","catch_line":"Authorized condemnor to make payment into court or file certificate of deposit before entering upon land","history":"2003, c. 940; 2013, c. 764.","full_text":"A\n\nBefore entering upon or taking possession of property, the authorized condemnor shall either:1\n\nPay into the court wherein condemnation proceedings are pending, or are to be instituted, such sum as is required by subsection B; or2\n\nFile with the court wherein condemnation proceedings are pending, or are to be instituted, a certificate of deposit issued by the authorized condemnor for such sum as is required by subsection B, which shall be deemed and held for the purpose of this chapter to be payment into the custody of such court.B\n\nThe amount to be paid into the court as provided in subdivision A 1 or represented by a certificate of deposit as provided in subdivision A 2 shall be the amount that the authorized condemnor estimates to be the fair value of the land taken, or interest therein sought, and damage done, which estimate shall be based on a bona fide appraisal if required by § 25.1-417; however, such estimate shall not be less than the current assessed value of the land for real estate tax purposes, unless the property has physically changed in a material and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property, when the entire parcel for which the assessment has been made is to be acquired.C\n\nIf the condemning authority makes a payment into court as provided in subdivision A 1, it shall also record a certificate of take as provided in § 25.1-307.D\n\nPayment against a certificate of deposit, when ordered by the court named therein, shall be paid by the authorized condemnor.E\n\nNothing in this section shall make evidence of tax assessments admissible as proof of value in an eminent domain proceeding.","order_by":null,"text":{"0":{"id":231497,"text":"Before entering upon or taking possession of property, the authorized condemnor shall either:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":231498,"text":"Pay into the court wherein condemnation proceedings are pending, or are to be instituted, such sum as is required by subsection B; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":231499,"text":"File with the court wherein condemnation proceedings are pending, or are to be instituted, a certificate of deposit issued by the authorized condemnor for such sum as is required by subsection B, which shall be deemed and held for the purpose of this chapter to be payment into the custody of such court.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":231500,"text":"The amount to be paid into the court as provided in subdivision A 1 or represented by a certificate of deposit as provided in subdivision A 2 shall be the amount that the authorized condemnor estimates to be the fair value of the land taken, or interest therein sought, and damage done, which estimate shall be based on a bona fide appraisal if required by § 25.1-417; however, such estimate shall not be less than the current assessed value of the land for real estate tax purposes, unless the property has physically changed in a material and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property, when the entire parcel for which the assessment has been made is to be acquired.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":231501,"text":"If the condemning authority makes a payment into court as provided in subdivision A 1, it shall also record a certificate of take as provided in § 25.1-307.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":231502,"text":"Payment against a certificate of deposit, when ordered by the court named therein, shall be paid by the authorized condemnor.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":231503,"text":"Nothing in this section shall make evidence of tax assessments admissible as proof of value in an eminent domain proceeding.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15046,"edition_id":1,"name":"Transferring Defeasible Title by Certificate","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":13196,"metadata":{},"date_created":"2026-06-26 03:51:44","date_modified":"2026-06-26 03:51:44","permalink":{"id":189783,"object_type":"structure","relational_id":15046,"identifier":"3","token":"25.1\/3","url":"\/25.1\/3\/","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":83870,"structure_id":15046,"section_number":"25.1-300","catch_line":"Definitions","url":"\/25.1-300\/","token":"25.1\/3\/25.1-300","metadata":false},{"id":75789,"structure_id":15046,"section_number":"25.1-301","catch_line":"Applicability of chapter; purpose","url":"\/25.1-301\/","token":"25.1\/3\/25.1-301","metadata":false},{"id":75570,"structure_id":15046,"section_number":"25.1-302","catch_line":"Protection of property","url":"\/25.1-302\/","token":"25.1\/3\/25.1-302","metadata":false},{"id":60232,"structure_id":15046,"section_number":"25.1-303","catch_line":"Effort to acquire property by purchase","url":"\/25.1-303\/","token":"25.1\/3\/25.1-303","metadata":false},{"id":82652,"structure_id":15046,"section_number":"25.1-304","catch_line":"Authority to take possession and title to property","url":"\/25.1-304\/","token":"25.1\/3\/25.1-304","metadata":false},{"id":63540,"structure_id":15046,"section_number":"25.1-305","catch_line":"Authorized condemnor to make payment into court or file certificate of deposit before entering upon land","url":"\/25.1-305\/","token":"25.1\/3\/25.1-305","metadata":false},{"id":57361,"structure_id":15046,"section_number":"25.1-306","catch_line":"Notice of intent to file certificate","url":"\/25.1-306\/","token":"25.1\/3\/25.1-306","metadata":false},{"id":79293,"structure_id":15046,"section_number":"25.1-307","catch_line":"Content of certificates; recordation of certificates","url":"\/25.1-307\/","token":"25.1\/3\/25.1-307","metadata":false},{"id":63988,"structure_id":15046,"section_number":"25.1-308","catch_line":"Effect of recordation of certificate; transfer of title or interest in property","url":"\/25.1-308\/","token":"25.1\/3\/25.1-308","metadata":false},{"id":81330,"structure_id":15046,"section_number":"25.1-309","catch_line":"Property situated in two or more localities","url":"\/25.1-309\/","token":"25.1\/3\/25.1-309","metadata":false},{"id":60524,"structure_id":15046,"section_number":"25.1-310","catch_line":"Proceedings for distribution of funds","url":"\/25.1-310\/","token":"25.1\/3\/25.1-310","metadata":false},{"id":83814,"structure_id":15046,"section_number":"25.1-311","catch_line":"Effect of acceptance of payments; evidence as to amount of deposit or certificate","url":"\/25.1-311\/","token":"25.1\/3\/25.1-311","metadata":false},{"id":79895,"structure_id":15046,"section_number":"25.1-312","catch_line":"Reformation, alteration, revision, amendment, or invalidation of certificate","url":"\/25.1-312\/","token":"25.1\/3\/25.1-312","metadata":false},{"id":72280,"structure_id":15046,"section_number":"25.1-313","catch_line":"Institution of condemnation proceedings","url":"\/25.1-313\/","token":"25.1\/3\/25.1-313","metadata":false},{"id":67118,"structure_id":15046,"section_number":"25.1-314","catch_line":"Order confirming award; recordation","url":"\/25.1-314\/","token":"25.1\/3\/25.1-314","metadata":false},{"id":70370,"structure_id":15046,"section_number":"25.1-315","catch_line":"Awards in greater amounts than deposit; interest","url":"\/25.1-315\/","token":"25.1\/3\/25.1-315","metadata":false},{"id":67492,"structure_id":15046,"section_number":"25.1-316","catch_line":"Awards in lesser amounts than deposit; interest","url":"\/25.1-316\/","token":"25.1\/3\/25.1-316","metadata":false},{"id":62993,"structure_id":15046,"section_number":"25.1-317","catch_line":"Agreements as to compensation; petition and order of court thereon; disposition of funds","url":"\/25.1-317\/","token":"25.1\/3\/25.1-317","metadata":false},{"id":69597,"structure_id":15046,"section_number":"25.1-318","catch_line":"Petition by owner for determination of just compensation","url":"\/25.1-318\/","token":"25.1\/3\/25.1-318","metadata":false},{"id":62847,"structure_id":15046,"section_number":"25.1-319","catch_line":"Certificates of completion","url":"\/25.1-319\/","token":"25.1\/3\/25.1-319","metadata":false}],"previous_section":{"id":82652,"structure_id":15046,"section_number":"25.1-304","catch_line":"Authority to take possession and title to property","url":"\/25.1-304\/","token":"25.1\/3\/25.1-304","metadata":false},"next_section":{"id":57361,"structure_id":15046,"section_number":"25.1-306","catch_line":"Notice of intent to file certificate","url":"\/25.1-306\/","token":"25.1\/3\/25.1-306","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-305\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 940<\/a> 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. 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 2013, chapter 764<\/a>.<\/p>","references":[{"id":83870,"section_number":"25.1-300","catch_line":"Definitions","order_by":null,"url":"\/25.1-300\/"},{"id":60524,"section_number":"25.1-310","catch_line":"Proceedings for distribution of funds","order_by":null,"url":"\/25.1-310\/"}],"refers_to":[{"id":58090,"section_number":"25.1-417","catch_line":"General provisions for conduct of acquisition","order_by":null,"url":"\/25.1-417\/"}],"permalink":{"id":189805,"object_type":"law","relational_id":63540,"identifier":"25.1-305","token":"25.1\/3\/25.1-305","url":"\/25.1-305\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-305\/","token":"25.1\/3\/25.1-305","dublin_core":{"Title":"Authorized condemnor to make payment into court or file certificate of deposit before entering upon land","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-305","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Before entering upon or taking possession<\/span> of property<\/span>, the authorized condemnor<\/span> shall either: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Pay into the court<\/span> wherein condemnation proceedings are pending, or are to be instituted, such sum as is required by subsection B; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> File with the court<\/span> wherein condemnation proceedings are pending, or are to be instituted, a certificate of deposit<\/span> issued by the authorized condemnor<\/span> for such sum as is required by subsection B, which shall be deemed and held for the purpose of this chapter to be payment into the custody<\/span> of such court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The amount to be paid into the court<\/span> as provided in subdivision A 1 or represented by a certificate of deposit<\/span> as provided in subdivision A 2 shall be the amount that the authorized condemnor<\/span> estimates to be the fair value of the land<\/span> taken, or interest therein sought, and damage done, which estimate shall be based on a bona fide appraisal<\/span> if required by § 25.1-417<\/a>; however, such estimate shall not be less than the current assessed value of the land<\/span> for real estate tax purposes, unless the property<\/span> has physically changed in a material<\/span> and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property<\/span>, when the entire parcel for which the assessment has been made is to be acquired. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the condemning authority makes a payment into court<\/span> as provided in subdivision A 1, it shall also record a certificate of take<\/span> as provided in § 25.1-307<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Payment against a certificate of deposit<\/span>, when ordered by the court<\/span> named therein, shall be paid by the authorized condemnor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this section shall make evidence<\/span> of tax assessments admissible<\/span> as proof of value in an eminent domain proceeding. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORIZED CONDEMNOR TO MAKE PAYMENT INTO COURT OR FILE CERTIFICATE OF DEPOSIT\nBEFORE ENTERING UPON LAND (\u00a7 25.1-305)\n\nA. Before entering upon or taking possession of property, the authorized\ncondemnor shall either:\n\n 1. Pay into the court wherein condemnation proceedings are pending, or are to\n be instituted, such sum as is required by subsection B; or\n\n 2. File with the court wherein condemnation proceedings are pending, or are to\n be instituted, a certificate of deposit issued by the authorized condemnor for\n such sum as is required by subsection B, which shall be deemed and held for\n the purpose of this chapter to be payment into the custody of such court.\n\nB. The amount to be paid into the court as provided in subdivision A 1 or\nrepresented by a certificate of deposit as provided in subdivision A 2 shall be\nthe amount that the authorized condemnor estimates to be the fair value of the\nland taken, or interest therein sought, and damage done, which estimate shall be\nbased on a bona fide appraisal if required by § 25.1-417; however, such\nestimate shall not be less than the current assessed value of the land for real\nestate tax purposes, unless the property has physically changed in a material\nand substantial way since the current assessment date such that the real estate\ntax assessment no longer represents a fair valuation of the property, when the\nentire parcel for which the assessment has been made is to be acquired.\n\nC. If the condemning authority makes a payment into court as provided in\nsubdivision A 1, it shall also record a certificate of take as provided in\n§ 25.1-307.\n\nD. Payment against a certificate of deposit, when ordered by the court named\ntherein, shall be paid by the authorized condemnor.\n\nE. Nothing in this section shall make evidence of tax assessments admissible as\nproof of value in an eminent domain proceeding.\n\nHISTORY: 2003, c. 940; 2013, c. 764.","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}}