{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-310.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-310.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-310.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-310.html"}],"law_id":60524,"edition_id":1,"section_id":60524,"structure_id":15046,"section_number":"25.1-310","catch_line":"Proceedings for distribution of funds","history":"2003, c. 940; 2018, c. 842; 2020, c. 1245.","full_text":"A\n\nAny person shown by a certificate to be entitled to funds deposited with the court or represented by a certificate of deposit may petition the court for the distribution of all or any part of the funds. Any costs of filing such petition or otherwise withdrawing the funds shall be taxed against the condemnor.B\n\nA copy of such petition shall be served on either (i) the attorney of record for the petitioner, if a condemnation proceeding is pending; or (ii) if such a proceeding is not pending, an officer or agent of the authorized condemnor who is authorized to accept service of process in any court proceeding on behalf of the authorized condemnor.C\n\nThe copy of the petition shall be served with a notice returnable to the court not less than 21 days after such service, to show cause, if the authorized condemnor can, why such amount should not be distributed in accordance with the petition.D\n\nIf the authorized condemnor does not, on or before the return day of the petition, show such cause, and if the record in the proceeding does not disclose any denial or dispute with respect thereto, the court shall enter an order directing the distribution of such amount in accordance with the prayers of the petition. However, in the case of a nonresident petitioner the court may in its discretion require a bond before ordering the distribution.E\n\nIf funds have been deposited with the court pursuant to subdivision A 1 of § 25.1-305, any interest that has accrued on the funds shall be payable to the person or persons entitled to receive such funds.F\n\nIf funds are not then on deposit with the court but are represented by a certificate of deposit pursuant to subdivision A 2 of § 25.1-305, a certified copy of such order shall forthwith be sent to the authorized condemnor by the clerk. The authorized condemnor shall deposit such funds with the court within 30 days of the date of such order.G\n\nInterest shall be payable on funds represented by a certificate of deposit from the date of filing of the certificate of deposit until the funds are paid into court at no less than the judgment rate of interest as set forth in § 8.01-382. However, interest shall not accrue if an injunction is filed against the authorized condemnor that enjoins the taking of the property described in the certificate.H\n\nIf the authorized condemnor shows such cause, or if the record in the proceeding discloses any denial or dispute as to the persons entitled to such distribution or to any interest or share therein, the court shall direct such proceedings as are provided by § 25.1-241 for the distribution of awards.I\n\nAll funds due and owing pursuant to this section shall be payable promptly to the owner or, if the owner consents, to the owner’s attorney. Nothing in this subsection shall be construed to alter the priority of liens or any obligation to satisfy or release any outstanding liens on the property or the funds.","order_by":null,"text":{"0":{"id":221289,"text":"Any person shown by a certificate to be entitled to funds deposited with the court or represented by a certificate of deposit may petition the court for the distribution of all or any part of the funds. Any costs of filing such petition or otherwise withdrawing the funds shall be taxed against the condemnor.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":221290,"text":"A copy of such petition shall be served on either (i) the attorney of record for the petitioner, if a condemnation proceeding is pending; or (ii) if such a proceeding is not pending, an officer or agent of the authorized condemnor who is authorized to accept service of process in any court proceeding on behalf of the authorized condemnor.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":221291,"text":"The copy of the petition shall be served with a notice returnable to the court not less than 21 days after such service, to show cause, if the authorized condemnor can, why such amount should not be distributed in accordance with the petition.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":221292,"text":"If the authorized condemnor does not, on or before the return day of the petition, show such cause, and if the record in the proceeding does not disclose any denial or dispute with respect thereto, the court shall enter an order directing the distribution of such amount in accordance with the prayers of the petition. However, in the case of a nonresident petitioner the court may in its discretion require a bond before ordering the distribution.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":221293,"text":"If funds have been deposited with the court pursuant to subdivision A 1 of § 25.1-305, any interest that has accrued on the funds shall be payable to the person or persons entitled to receive such funds.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":221294,"text":"If funds are not then on deposit with the court but are represented by a certificate of deposit pursuant to subdivision A 2 of § 25.1-305, a certified copy of such order shall forthwith be sent to the authorized condemnor by the clerk. The authorized condemnor shall deposit such funds with the court within 30 days of the date of such order.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":221295,"text":"Interest shall be payable on funds represented by a certificate of deposit from the date of filing of the certificate of deposit until the funds are paid into court at no less than the judgment rate of interest as set forth in § 8.01-382. However, interest shall not accrue if an injunction is filed against the authorized condemnor that enjoins the taking of the property described in the certificate.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":221296,"text":"If the authorized condemnor shows such cause, or if the record in the proceeding discloses any denial or dispute as to the persons entitled to such distribution or to any interest or share therein, the court shall direct such proceedings as are provided by § 25.1-241 for the distribution of awards.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":221297,"text":"All funds due and owing pursuant to this section shall be payable promptly to the owner or, if the owner consents, to the owner’s attorney. Nothing in this subsection shall be construed to alter the priority of liens or any obligation to satisfy or release any outstanding liens on the property or the funds.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-310\/","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 2 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 2018, chapter 842<\/a>; in 2020, chapter 1245<\/a>.<\/p>","references":[{"id":83814,"section_number":"25.1-311","catch_line":"Effect of acceptance of payments; evidence as to amount of deposit or certificate","order_by":null,"url":"\/25.1-311\/"},{"id":67492,"section_number":"25.1-316","catch_line":"Awards in lesser amounts than deposit; interest","order_by":null,"url":"\/25.1-316\/"},{"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\/"}],"refers_to":[{"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\/"},{"id":63540,"section_number":"25.1-305","catch_line":"Authorized condemnor to make payment into court or file certificate of deposit before entering upon land","order_by":null,"url":"\/25.1-305\/"},{"id":63842,"section_number":"8.01-382","catch_line":"Verdict, judgment or decree to fix period at which interest begins; final order; judgment or decree for interest","order_by":null,"url":"\/8.01-382\/"}],"permalink":{"id":189825,"object_type":"law","relational_id":60524,"identifier":"25.1-310","token":"25.1\/3\/25.1-310","url":"\/25.1-310\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-310\/","token":"25.1\/3\/25.1-310","dublin_core":{"Title":"Proceedings for distribution of funds","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-310","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person<\/span> shown by a certificate to be entitled to funds deposited with the court<\/span> or represented by a certificate of deposit<\/span> may petition<\/span> the court<\/span> for the distribution of all or any part of the funds. Any costs of filing such petition<\/span> or otherwise withdrawing the funds shall be taxed against the condemnor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A copy of such petition<\/span> shall be served on either (i) the attorney of record for the petitioner<\/span>, if a condemnation proceeding is pending; or (ii) if such a proceeding is not pending, an officer or agent of the authorized condemnor<\/span> who is authorized to accept service of process<\/span> in any court<\/span> proceeding on behalf of the authorized condemnor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The copy of the petition<\/span> shall be served with a notice returnable to the court<\/span> not less than 21 days after such service, to show cause, if the authorized condemnor<\/span> can, why such amount should not be distributed in accordance with the petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the authorized condemnor<\/span> does not, on or before the return day of the petition<\/span>, show such cause, and if the record in the proceeding does not disclose any denial or dispute with respect thereto, the court<\/span> shall enter an order<\/span> directing the distribution of such amount in accordance with the prayers of the petition<\/span>. However, in the case of a nonresident petitioner<\/span> the court<\/span> may in its discretion require a bond<\/span> before ordering the distribution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If funds have been deposited with the court<\/span> pursuant to subdivision A 1 of § 25.1-305<\/a>, any interest that has accrued on the funds shall be payable to the person<\/span> or persons<\/span> entitled to receive such funds. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If funds are not then on deposit with the court<\/span> but are represented by a certificate of deposit<\/span> pursuant to subdivision A 2 of § 25.1-305<\/a>, a certified copy of such order<\/span> shall forthwith be sent to the authorized condemnor<\/span> by the clerk. The authorized condemnor<\/span> shall deposit such funds with the court<\/span> within 30 days of the date of such order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Interest shall be payable on funds represented by a certificate of deposit<\/span> from the date of filing of the certificate of deposit<\/span> until the funds are paid into court<\/span> at no less than the judgment<\/span> rate of interest as set forth in § 8.01-382<\/a>. However, interest shall not accrue if an injunction<\/span> is filed against the authorized condemnor<\/span> that enjoins the taking of the property<\/span> described in the certificate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> If the authorized condemnor<\/span> shows such cause, or if the record in the proceeding discloses any denial or dispute as to the persons<\/span> entitled to such distribution or to any interest or share therein, the court<\/span> shall direct such proceedings as are provided by § 25.1-241<\/a> for the distribution of awards. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> All funds due and owing pursuant to this section shall be payable promptly to the owner<\/span> or, if the owner<\/span> consents, to the owner<\/span>’s attorney. Nothing in this subsection shall be construed to alter the priority of liens<\/span> or any obligation to satisfy or release any outstanding liens<\/span> on the property<\/span> or the funds. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEEDINGS FOR DISTRIBUTION OF FUNDS (\u00a7 25.1-310)\n\nA. Any person shown by a certificate to be entitled to funds deposited with the\ncourt or represented by a certificate of deposit may petition the court for the\ndistribution of all or any part of the funds. Any costs of filing such petition\nor otherwise withdrawing the funds shall be taxed against the condemnor.\n\nB. A copy of such petition shall be served on either (i) the attorney of record\nfor the petitioner, if a condemnation proceeding is pending; or (ii) if such a\nproceeding is not pending, an officer or agent of the authorized condemnor who\nis authorized to accept service of process in any court proceeding on behalf of\nthe authorized condemnor.\n\nC. The copy of the petition shall be served with a notice returnable to the\ncourt not less than 21 days after such service, to show cause, if the authorized\ncondemnor can, why such amount should not be distributed in accordance with the\npetition.\n\nD. If the authorized condemnor does not, on or before the return day of the\npetition, show such cause, and if the record in the proceeding does not disclose\nany denial or dispute with respect thereto, the court shall enter an order\ndirecting the distribution of such amount in accordance with the prayers of the\npetition. However, in the case of a nonresident petitioner the court may in its\ndiscretion require a bond before ordering the distribution.\n\nE. If funds have been deposited with the court pursuant to subdivision A 1 of\n§ 25.1-305, any interest that has accrued on the funds shall be payable to\nthe person or persons entitled to receive such funds.\n\nF. If funds are not then on deposit with the court but are represented by a\ncertificate of deposit pursuant to subdivision A 2 of § 25.1-305, a\ncertified copy of such order shall forthwith be sent to the authorized condemnor\nby the clerk. The authorized condemnor shall deposit such funds with the court\nwithin 30 days of the date of such order.\n\nG. Interest shall be payable on funds represented by a certificate of deposit\nfrom the date of filing of the certificate of deposit until the funds are paid\ninto court at no less than the judgment rate of interest as set forth in §\n8.01-382. However, interest shall not accrue if an injunction is filed against\nthe authorized condemnor that enjoins the taking of the property described in\nthe certificate.\n\nH. If the authorized condemnor shows such cause, or if the record in the\nproceeding discloses any denial or dispute as to the persons entitled to such\ndistribution or to any interest or share therein, the court shall direct such\nproceedings as are provided by § 25.1-241 for the distribution of awards.\n\nI. All funds due and owing pursuant to this section shall be payable promptly to\nthe owner or, if the owner consents, to the owner’s attorney. Nothing in\nthis subsection shall be construed to alter the priority of liens or any\nobligation to satisfy or release any outstanding liens on the property or the\nfunds.\n\nHISTORY: 2003, c. 940; 2018, c. 842; 2020, c. 1245.","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}}