{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-308.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-308.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-308.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-308.html"}],"law_id":63988,"edition_id":1,"section_id":63988,"structure_id":15046,"section_number":"25.1-308","catch_line":"Effect of recordation of certificate; transfer of title or interest in property","history":"2003, c. 940; 2022, c. 735.","full_text":"A\n\nUpon recordation of a certificate:1\n\nThe interest or estate of the owner of the property described therein shall terminate;2\n\nThe title to such property shall be vested in the authorized condemnor;3\n\nThe owner shall have such interest or estate in the funds deposited with the court or represented by the certificate of deposit as the owner had in the property taken or damaged; and4\n\nAll liens by deed of trust, judgment or otherwise upon such property shall be transferred to such funds.B\n\nThe title in the authorized condemnor shall be defeasible until (i) the authorized condemnor and such owner reach an agreement as provided in § 25.1-317, or (ii) the compensation for the taking or damage to the property is determined by condemnation proceedings as provided in § 25.1-313.C\n\nIf funds have been deposited with the court under a certificate of take, the clerk shall deposit the funds so paid to the credit of the court in an account of a type that bears interest.","order_by":null,"text":{"0":{"id":233002,"text":"Upon recordation of a certificate:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":233003,"text":"The interest or estate of the owner of the property described therein shall terminate;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":233004,"text":"The title to such property shall be vested in the authorized condemnor;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":233005,"text":"The owner shall have such interest or estate in the funds deposited with the court or represented by the certificate of deposit as the owner had in the property taken or damaged; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":233006,"text":"All liens by deed of trust, judgment or otherwise upon such property shall be transferred to such funds.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":233007,"text":"The title in the authorized condemnor shall be defeasible until (i) the authorized condemnor and such owner reach an agreement as provided in § 25.1-317, or (ii) the compensation for the taking or damage to the property is determined by condemnation proceedings as provided in § 25.1-313.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":233008,"text":"If funds have been deposited with the court under a certificate of take, 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":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-308\/","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 2022, chapter 735<\/a>.<\/p>","references":false,"refers_to":[{"id":62993,"section_number":"25.1-317","catch_line":"Agreements as to compensation; petition and order of court thereon; disposition of funds","order_by":null,"url":"\/25.1-317\/"}],"permalink":{"id":189817,"object_type":"law","relational_id":63988,"identifier":"25.1-308","token":"25.1\/3\/25.1-308","url":"\/25.1-308\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-308\/","token":"25.1\/3\/25.1-308","dublin_core":{"Title":"Effect of recordation of certificate; transfer of title or interest in property","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-308","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon recordation of a certificate<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The interest or estate of the owner<\/span> of the property<\/span> described therein shall terminate; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The title to such property<\/span> shall be vested in the authorized condemnor<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The owner<\/span> shall have such interest or estate in the funds deposited with the court<\/span> or represented by the certificate of deposit<\/span> as the owner<\/span> had in the property<\/span> taken or damaged; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> All liens<\/span> by deed of trust, judgment<\/span> or otherwise upon such property<\/span> shall be transferred to such funds. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The title in the authorized condemnor<\/span> shall be defeasible until (i) the authorized condemnor<\/span> and such owner<\/span> reach an agreement as provided in § 25.1-317<\/a>, or (ii) the compensation for the taking or damage to the property<\/span> is determined by condemnation proceedings as provided in § 25.1-313<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If funds have been deposited with the court<\/span> under a certificate of take<\/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>","plain_text":" CODE OF VIRGINIA\n\nEFFECT OF RECORDATION OF CERTIFICATE; TRANSFER OF TITLE OR INTEREST IN PROPERTY\n(\u00a7 25.1-308)\n\nA. Upon recordation of a certificate:\n\n 1. The interest or estate of the owner of the property described therein shall\n terminate;\n\n 2. The title to such property shall be vested in the authorized condemnor;\n\n 3. The owner shall have such interest or estate in the funds deposited with\n the court or represented by the certificate of deposit as the owner had in the\n property taken or damaged; and\n\n 4. All liens by deed of trust, judgment or otherwise upon such property shall\n be transferred to such funds.\n\nB. The title in the authorized condemnor shall be defeasible until (i) the\nauthorized condemnor and such owner reach an agreement as provided in §\n25.1-317, or (ii) the compensation for the taking or damage to the property is\ndetermined by condemnation proceedings as provided in § 25.1-313.\n\nC. If funds have been deposited with the court under a certificate of take, the\nclerk shall deposit the funds so paid to the credit of the court in an account\nof a type that bears interest.\n\nHISTORY: 2003, c. 940; 2022, c. 735.","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}}