{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/25.1-317.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/25.1-317.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/25.1-317.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/25.1-317.html"}],"law_id":62993,"edition_id":1,"section_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","history":"2003, c. 940.","full_text":"A\n\nAt any time after the recordation of a certificate, but prior to the institution of condemnation proceedings, if the authorized condemnor and the owner of the property taken or damaged agree as to compensation for the property taken and damages, if any, caused by such taking, the authorized condemnor shall file with the court a petition so stating. A copy of the agreement shall be attached to the petition. If condemnation proceedings are already pending at the time such agreement is reached, the authorized condemnor shall not be required to file a petition, but shall file a motion to dismiss the condemnation proceedings containing an averment that such agreement has been reached. Upon the filing of such a petition or a motion to dismiss, the court shall enter an order confirming absolute and indefeasible title to the property in the condemning authority, or in the Commonwealth if the condemning authority is an agency of the Commonwealth. Such order shall be recorded in the clerk’s office of each court in which the certificate is recorded. Upon entry of such order, the condemning authority shall be relieved of further obligation by virtue of having filed a certificate of deposit with the court.B\n\nIf it shall appear from such petition and agreement, or motion to dismiss a pending suit, that no person other than those executing such agreement are entitled to the funds deposited with the court or represented by a certificate of deposit, the court shall direct that such funds, after payment therefrom of any taxes that may be charged against the property taken, be disbursed and distributed in accordance with the provisions stated in the petition, or motion, among the parties or persons entitled thereto. If it shall appear that a controversy exists as to the persons entitled to such funds, such distribution shall be made in accordance with the provisions of § 25.1-310.","order_by":null,"text":{"0":{"id":229762,"text":"At any time after the recordation of a certificate, but prior to the institution of condemnation proceedings, if the authorized condemnor and the owner of the property taken or damaged agree as to compensation for the property taken and damages, if any, caused by such taking, the authorized condemnor shall file with the court a petition so stating. A copy of the agreement shall be attached to the petition. If condemnation proceedings are already pending at the time such agreement is reached, the authorized condemnor shall not be required to file a petition, but shall file a motion to dismiss the condemnation proceedings containing an averment that such agreement has been reached. Upon the filing of such a petition or a motion to dismiss, the court shall enter an order confirming absolute and indefeasible title to the property in the condemning authority, or in the Commonwealth if the condemning authority is an agency of the Commonwealth. Such order shall be recorded in the clerk’s office of each court in which the certificate is recorded. Upon entry of such order, the condemning authority shall be relieved of further obligation by virtue of having filed a certificate of deposit with the court.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":229763,"text":"If it shall appear from such petition and agreement, or motion to dismiss a pending suit, that no person other than those executing such agreement are entitled to the funds deposited with the court or represented by a certificate of deposit, the court shall direct that such funds, after payment therefrom of any taxes that may be charged against the property taken, be disbursed and distributed in accordance with the provisions stated in the petition, or motion, among the parties or persons entitled thereto. If it shall appear that a controversy exists as to the persons entitled to such funds, such distribution shall be made in accordance with the provisions of § 25.1-310.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/25.1-317\/","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.<\/p>","references":[{"id":63988,"section_number":"25.1-308","catch_line":"Effect of recordation of certificate; transfer of title or interest in property","order_by":null,"url":"\/25.1-308\/"}],"refers_to":[{"id":60524,"section_number":"25.1-310","catch_line":"Proceedings for distribution of funds","order_by":null,"url":"\/25.1-310\/"}],"permalink":{"id":189853,"object_type":"law","relational_id":62993,"identifier":"25.1-317","token":"25.1\/3\/25.1-317","url":"\/25.1-317\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/25.1-317\/","token":"25.1\/3\/25.1-317","dublin_core":{"Title":"Agreements as to compensation; petition and order of court thereon; disposition of funds","Type":"Text","Format":"text\/html","Identifier":"\u00a7 25.1-317","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> At any time after the recordation of a certificate, but prior to the institution of condemnation proceedings, if the authorized condemnor<\/span> and the owner<\/span> of the property<\/span> taken or damaged agree as to compensation for the property<\/span> taken and damages<\/span>, if any, caused by such taking, the authorized condemnor<\/span> shall file with the court<\/span> a petition<\/span> so stating. A copy of the agreement shall be attached to the petition<\/span>. If condemnation proceedings are already pending at the time such agreement is reached, the authorized condemnor<\/span> shall not be required to file a petition<\/span>, but shall file a motion<\/span> to dismiss the condemnation proceedings containing an averment that such agreement has been reached. Upon the filing of such a petition<\/span> or a motion<\/span> to dismiss, the court<\/span> shall enter an order<\/span> confirming absolute and indefeasible title to the property<\/span> in the condemning authority, or in the Commonwealth if the condemning authority is an agency of the Commonwealth. Such order<\/span> shall be recorded in the clerk’s office of each court<\/span> in which the certificate is recorded. Upon entry of such order<\/span>, the condemning authority shall be relieved of further obligation by virtue of having filed a certificate of deposit<\/span> with the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If it shall appear from such petition<\/span> and agreement, or motion<\/span> to dismiss a pending suit, that no person<\/span> other than those executing such agreement are entitled to the funds deposited with the court<\/span> or represented by a certificate of deposit<\/span>, the court<\/span> shall direct that such funds, after payment therefrom of any taxes that may be charged against the property<\/span> taken, be disbursed and distributed in accordance with the provisions stated in the petition<\/span>, or motion<\/span>, among the parties or persons<\/span> entitled thereto. If it shall appear that a controversy exists as to the persons<\/span> entitled to such funds, such distribution shall be made in accordance with the provisions of § 25.1-310<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAGREEMENTS AS TO COMPENSATION; PETITION AND ORDER OF COURT THEREON; DISPOSITION\nOF FUNDS (\u00a7 25.1-317)\n\nA. At any time after the recordation of a certificate, but prior to the\ninstitution of condemnation proceedings, if the authorized condemnor and the\nowner of the property taken or damaged agree as to compensation for the property\ntaken and damages, if any, caused by such taking, the authorized condemnor shall\nfile with the court a petition so stating. A copy of the agreement shall be\nattached to the petition. If condemnation proceedings are already pending at the\ntime such agreement is reached, the authorized condemnor shall not be required\nto file a petition, but shall file a motion to dismiss the condemnation\nproceedings containing an averment that such agreement has been reached. Upon\nthe filing of such a petition or a motion to dismiss, the court shall enter an\norder confirming absolute and indefeasible title to the property in the\ncondemning authority, or in the Commonwealth if the condemning authority is an\nagency of the Commonwealth. Such order shall be recorded in the clerk’s\noffice of each court in which the certificate is recorded. Upon entry of such\norder, the condemning authority shall be relieved of further obligation by\nvirtue of having filed a certificate of deposit with the court.\n\nB. If it shall appear from such petition and agreement, or motion to dismiss a\npending suit, that no person other than those executing such agreement are\nentitled to the funds deposited with the court or represented by a certificate\nof deposit, the court shall direct that such funds, after payment therefrom of\nany taxes that may be charged against the property taken, be disbursed and\ndistributed in accordance with the provisions stated in the petition, or motion,\namong the parties or persons entitled thereto. If it shall appear that a\ncontroversy exists as to the persons entitled to such funds, such distribution\nshall be made in accordance with the provisions of § 25.1-310.\n\nHISTORY: 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}}