{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1019.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1019.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1019.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1019.html"}],"law_id":79287,"edition_id":1,"section_id":79287,"structure_id":14693,"section_number":"33.2-1019","catch_line":"Payments into court or filing certificate of deposit before entering upon land","history":"Code 1950, \u00a7 33-70.2; 1958, c. 581; 1970, cc. 322, 684, \u00a7 33.1-120; 2003, c. 940; 2004, c. 803; 2013, c. 764; 2014, c. 805; 2022, c. 735.","full_text":"A\n\nBefore entering upon or taking possession of land pursuant to \u00a7 33.2-1018, the Commissioner of Highways 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 Commissioner of Highways 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 Commissioner of Highways 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changed in a material and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property, when the entire parcel for which the assessment has been made is to be acquired.C\n\nIf the Commissioner of Highways makes a payment into court as provided in subdivision A 1, the court shall also record a certificate of take pursuant to § 33.2-1021. The clerk shall deposit such funds to the credit of the court in an account of a type that bears interest.D\n\nPayment against a certificate of deposit, when ordered by the court named therein, shall be paid by the Commissioner of Highways.E\n\nThe Commissioner of Highways shall not be permitted to force relocation on improved owner-occupied property until the owner is permitted to withdraw the funds represented by the certificate filed with the court. However, if the owner refuses to withdraw the funds represented by the certificate filed with the court or if the Commissioner of Highways reasonably believes that the owner does not possess clear title to the property being taken, that ownership of the property is disputed, or that certain owners cannot be located, the Commissioner of Highways may petition the court to establish that the owner does not possess clear title, that the ownership of the property is in dispute, that certain owners cannot be located, or that the owner has refused to withdraw the funds represented by the certificate filed with the court, and request that the Commissioner of Highways be given authority to force relocation.F\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":283875,"text":"Before entering upon or taking possession of land pursuant to \u00a7 33.2-1018, the Commissioner of Highways shall either:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":283876,"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":283877,"text":"File with the court wherein condemnation proceedings are pending or are to be instituted a certificate of deposit issued by the Commissioner of Highways 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":283878,"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 Commissioner of Highways 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":283879,"text":"If the Commissioner of Highways makes a payment into court as provided in subdivision A 1, the court shall also record a certificate of take pursuant to § 33.2-1021. The clerk shall deposit such funds 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","next_prefix":"D"},"5":{"id":283880,"text":"Payment against a certificate of deposit, when ordered by the court named therein, shall be paid by the Commissioner of Highways.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":283881,"text":"The Commissioner of Highways shall not be permitted to force relocation on improved owner-occupied property until the owner is permitted to withdraw the funds represented by the certificate filed with the court. However, if the owner refuses to withdraw the funds represented by the certificate filed with the court or if the Commissioner of Highways reasonably believes that the owner does not possess clear title to the property being taken, that ownership of the property is disputed, or that certain owners cannot be located, the Commissioner of Highways may petition the court to establish that the owner does not possess clear title, that the ownership of the property is in dispute, that certain owners cannot be located, or that the owner has refused to withdraw the funds represented by the certificate filed with the court, and request that the Commissioner of Highways be given authority to force relocation.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":283882,"text":"Nothing in this section shall make evidence of tax assessments admissible as proof of value in an eminent domain proceeding.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14693,"edition_id":1,"name":"Eminent Domain and Damages","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14692,"metadata":{},"date_created":"2026-06-26 03:49:23","date_modified":"2026-06-26 03:49:23","permalink":{"id":205373,"object_type":"structure","relational_id":14693,"identifier":"1","token":"33.2\/II\/10\/1","url":"\/33.2\/II\/10\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14692,"edition_id":1,"name":"Eminent Domain","identifier":"10","label":"chapter","depth":3,"order_by":1,"parent_id":12830,"metadata":{},"date_created":"2026-06-26 03:49:23","date_modified":"2026-06-26 03:49:23","permalink":{"id":205371,"object_type":"structure","relational_id":14692,"identifier":"10","token":"33.2\/II\/10","url":"\/33.2\/II\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12830,"edition_id":1,"name":"Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":205369,"object_type":"structure","relational_id":12830,"identifier":"II","token":"33.2\/II","url":"\/33.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12806,"edition_id":1,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":204785,"object_type":"structure","relational_id":12806,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71835,"structure_id":14693,"section_number":"33.2-1000","catch_line":"Definitions","url":"\/33.2-1000\/","token":"33.2\/II\/10\/1\/33.2-1000","metadata":false},{"id":68329,"structure_id":14693,"section_number":"33.2-1001","catch_line":"Power to acquire lands, etc.; conveyance to municipality after acquisition; property owners to be informed and briefed","url":"\/33.2-1001\/","token":"33.2\/II\/10\/1\/33.2-1001","metadata":false},{"id":86315,"structure_id":14693,"section_number":"33.2-1002","catch_line":"Limitation on power of eminent domain","url":"\/33.2-1002\/","token":"33.2\/II\/10\/1\/33.2-1002","metadata":false},{"id":79698,"structure_id":14693,"section_number":"33.2-1003","catch_line":"Additional power to acquire lands","url":"\/33.2-1003\/","token":"33.2\/II\/10\/1\/33.2-1003","metadata":false},{"id":75773,"structure_id":14693,"section_number":"33.2-1004","catch_line":"Plans for acquisition of rights-of-way","url":"\/33.2-1004\/","token":"33.2\/II\/10\/1\/33.2-1004","metadata":false},{"id":83207,"structure_id":14693,"section_number":"33.2-1005","catch_line":"Acquisition of real property that may be needed for transportation projects; sale of certain real property","url":"\/33.2-1005\/","token":"33.2\/II\/10\/1\/33.2-1005","metadata":false},{"id":67931,"structure_id":14693,"section_number":"33.2-1006","catch_line":"Reconveyance where property deemed suitable for mass transit purposes","url":"\/33.2-1006\/","token":"33.2\/II\/10\/1\/33.2-1006","metadata":false},{"id":69410,"structure_id":14693,"section_number":"33.2-1007","catch_line":"Authority to acquire entire tract of land, or parcel thereof, when only part to be utilized for highway purposes","url":"\/33.2-1007\/","token":"33.2\/II\/10\/1\/33.2-1007","metadata":false},{"id":66167,"structure_id":14693,"section_number":"33.2-1008","catch_line":"Authority to acquire land to replace parkland; applicability","url":"\/33.2-1008\/","token":"33.2\/II\/10\/1\/33.2-1008","metadata":false},{"id":72685,"structure_id":14693,"section_number":"33.2-1009","catch_line":"Acquisition of residue parcels declared to be in public interest","url":"\/33.2-1009\/","token":"33.2\/II\/10\/1\/33.2-1009","metadata":false},{"id":66916,"structure_id":14693,"section_number":"33.2-1010","catch_line":"Use and disposition of residue parcels of land","url":"\/33.2-1010\/","token":"33.2\/II\/10\/1\/33.2-1010","metadata":false},{"id":56630,"structure_id":14693,"section_number":"33.2-1011","catch_line":"Right to enter on land to ascertain its suitability for highway and other transportation purposes; damage resulting from such entry","url":"\/33.2-1011\/","token":"33.2\/II\/10\/1\/33.2-1011","metadata":false},{"id":73031,"structure_id":14693,"section_number":"33.2-1012","catch_line":"Limitations in Title 25.1 not applicable to Commissioner of Highways","url":"\/33.2-1012\/","token":"33.2\/II\/10\/1\/33.2-1012","metadata":false},{"id":63987,"structure_id":14693,"section_number":"33.2-1013","catch_line":"Notice of exercise of eminent domain power; evidence of value","url":"\/33.2-1013\/","token":"33.2\/II\/10\/1\/33.2-1013","metadata":false},{"id":75259,"structure_id":14693,"section_number":"33.2-1014","catch_line":"Acquisition of interests for exchange with railroad, public utility company, public service corporation or company, political subdivision, or cable television company; relocation of poles, lines, etc","url":"\/33.2-1014\/","token":"33.2\/II\/10\/1\/33.2-1014","metadata":false},{"id":64801,"structure_id":14693,"section_number":"33.2-1015","catch_line":"Acquisition of land in median of highways for public mass transit; disposition of such property","url":"\/33.2-1015\/","token":"33.2\/II\/10\/1\/33.2-1015","metadata":false},{"id":72918,"structure_id":14693,"section_number":"33.2-1016","catch_line":"Procedure in general; suits in name of Commissioner of Highways; survival; validation of suits; notice of filing","url":"\/33.2-1016\/","token":"33.2\/II\/10\/1\/33.2-1016","metadata":false},{"id":83976,"structure_id":14693,"section_number":"33.2-1017","catch_line":"Taking highway materials from streams, rivers, and watercourses","url":"\/33.2-1017\/","token":"33.2\/II\/10\/1\/33.2-1017","metadata":false},{"id":63633,"structure_id":14693,"section_number":"33.2-1018","catch_line":"Authority to take possession and title to property before or during condemnation; purpose and intent of provisions","url":"\/33.2-1018\/","token":"33.2\/II\/10\/1\/33.2-1018","metadata":false},{"id":79287,"structure_id":14693,"section_number":"33.2-1019","catch_line":"Payments into court or filing certificate of deposit before entering upon land","url":"\/33.2-1019\/","token":"33.2\/II\/10\/1\/33.2-1019","metadata":false},{"id":56332,"structure_id":14693,"section_number":"33.2-1020","catch_line":"Payment of certificates of deposit; recordation of certain certificates; notice to owner","url":"\/33.2-1020\/","token":"33.2\/II\/10\/1\/33.2-1020","metadata":false},{"id":59508,"structure_id":14693,"section_number":"33.2-1021","catch_line":"Recordation of certificates; transfer of title or interest; land situated in two or more counties or cities","url":"\/33.2-1021\/","token":"33.2\/II\/10\/1\/33.2-1021","metadata":false},{"id":72666,"structure_id":14693,"section_number":"33.2-1022","catch_line":"Certificates to describe land and list owner","url":"\/33.2-1022\/","token":"33.2\/II\/10\/1\/33.2-1022","metadata":false},{"id":79560,"structure_id":14693,"section_number":"33.2-1023","catch_line":"Proceedings for distribution of funds; effect of acceptance of payments; evidence as to amount of deposit or certificate","url":"\/33.2-1023\/","token":"33.2\/II\/10\/1\/33.2-1023","metadata":false},{"id":67298,"structure_id":14693,"section_number":"33.2-1024","catch_line":"Reformation, alteration, revision, amendment, or invalidation of certificate","url":"\/33.2-1024\/","token":"33.2\/II\/10\/1\/33.2-1024","metadata":false},{"id":81667,"structure_id":14693,"section_number":"33.2-1025","catch_line":"When condemnation proceedings instituted; payment of compensation or damages; order confirming award; recording","url":"\/33.2-1025\/","token":"33.2\/II\/10\/1\/33.2-1025","metadata":false},{"id":69987,"structure_id":14693,"section_number":"33.2-1026","catch_line":"Awards in greater or lesser amounts than deposit; interest","url":"\/33.2-1026\/","token":"33.2\/II\/10\/1\/33.2-1026","metadata":false},{"id":69653,"structure_id":14693,"section_number":"33.2-1027","catch_line":"Agreements as to compensation; petition and order of court thereon; disposition of deposit","url":"\/33.2-1027\/","token":"33.2\/II\/10\/1\/33.2-1027","metadata":false},{"id":83027,"structure_id":14693,"section_number":"33.2-1027.1","catch_line":"Distribution of funds to owner or owner's attorney","url":"\/33.2-1027.1\/","token":"33.2\/II\/10\/1\/33.2-1027.1","metadata":false},{"id":60410,"structure_id":14693,"section_number":"33.2-1028","catch_line":"Enhancement to be offset against damage","url":"\/33.2-1028\/","token":"33.2\/II\/10\/1\/33.2-1028","metadata":false},{"id":78337,"structure_id":14693,"section_number":"33.2-1029","catch_line":"Repealed","url":"\/33.2-1029\/","token":"33.2\/II\/10\/1\/33.2-1029","metadata":false},{"id":72451,"structure_id":14693,"section_number":"33.2-1029.1","catch_line":"Petition by owner for determination of just compensation","url":"\/33.2-1029.1\/","token":"33.2\/II\/10\/1\/33.2-1029.1","metadata":false},{"id":68699,"structure_id":14693,"section_number":"33.2-1030","catch_line":"Installation of broadband conduit","url":"\/33.2-1030\/","token":"33.2\/II\/10\/1\/33.2-1030","metadata":false}],"previous_section":{"id":63633,"structure_id":14693,"section_number":"33.2-1018","catch_line":"Authority to take possession and title to property before or during condemnation; purpose and intent of provisions","url":"\/33.2-1018\/","token":"33.2\/II\/10\/1\/33.2-1018","metadata":false},"next_section":{"id":56332,"structure_id":14693,"section_number":"33.2-1020","catch_line":"Payment of certificates of deposit; recordation of certain certificates; notice to owner","url":"\/33.2-1020\/","token":"33.2\/II\/10\/1\/33.2-1020","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1019\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 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 1958, chapter 581; in 1970, chapters 322 and 684; in 2003, chapter 940<\/a>; in 2004, chapter 803<\/a>; in 2013, chapter 764<\/a>; in 2014, chapter 805<\/a>; in 2022, chapter 735<\/a>.<\/p>","references":[{"id":64662,"section_number":"25.1-204","catch_line":"Effort to purchase required; prerequisite to effort to purchase or filing certificate","order_by":null,"url":"\/25.1-204\/"},{"id":71835,"section_number":"33.2-1000","catch_line":"Definitions","order_by":null,"url":"\/33.2-1000\/"},{"id":63633,"section_number":"33.2-1018","catch_line":"Authority to take possession and title to property before or during condemnation; purpose and intent of provisions","order_by":null,"url":"\/33.2-1018\/"},{"id":79560,"section_number":"33.2-1023","catch_line":"Proceedings for distribution of funds; effect of acceptance of payments; evidence as to amount of deposit or certificate","order_by":null,"url":"\/33.2-1023\/"},{"id":68278,"section_number":"55.1-2519","catch_line":"Responsibilities of general receiver and clerk","order_by":null,"url":"\/55.1-2519\/"},{"id":73701,"section_number":"8.01-602","catch_line":"Proceedings when owner of money under control of court unknown","order_by":null,"url":"\/8.01-602\/"}],"refers_to":[{"id":58090,"section_number":"25.1-417","catch_line":"General provisions for conduct of acquisition","order_by":null,"url":"\/25.1-417\/"},{"id":63633,"section_number":"33.2-1018","catch_line":"Authority to take possession and title to property before or during condemnation; purpose and intent of provisions","order_by":null,"url":"\/33.2-1018\/"},{"id":59508,"section_number":"33.2-1021","catch_line":"Recordation of certificates; transfer of title or interest; land situated in two or more counties or cities","order_by":null,"url":"\/33.2-1021\/"}],"permalink":{"id":205451,"object_type":"law","relational_id":79287,"identifier":"33.2-1019","token":"33.2\/II\/10\/1\/33.2-1019","url":"\/33.2-1019\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1019\/","token":"33.2\/II\/10\/1\/33.2-1019","dublin_core":{"Title":"Payments into court or filing certificate of deposit before entering upon land","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1019","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Before entering upon or taking possession<\/span> of land pursuant to \u00a7 33.2-1018<\/a>, the Commissioner of Highways<\/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 Commissioner of Highways<\/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 Commissioner of Highways<\/span> 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<\/a>; 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<\/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, 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 Commissioner of Highways<\/span> makes a payment into court<\/span> as provided in subdivision A 1, the court<\/span> shall also record a certificate of take<\/span> pursuant to § 33.2-1021<\/a>. The clerk shall deposit such funds to the credit of the court<\/span> in an account of a type that bears interest. <\/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 Commissioner of Highways<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Commissioner of Highways<\/span> shall not be permitted to force relocation on improved owner<\/span>-occupied property until the owner<\/span> is permitted to withdraw the funds represented by the certificate filed with the court<\/span>. However, if the owner<\/span> refuses to withdraw the funds represented by the certificate filed with the court<\/span> or if the Commissioner of Highways<\/span> reasonably believes that the owner<\/span> does not possess clear title to the property being taken, that ownership of the property is disputed, or that certain owners<\/span> cannot be located, the Commissioner of Highways<\/span> may petition<\/span> the court<\/span> to establish that the owner<\/span> does not possess clear title, that the ownership of the property is in dispute, that certain owners<\/span> cannot be located, or that the owner<\/span> has refused to withdraw the funds represented by the certificate filed with the court<\/span>, and request that the Commissioner of Highways<\/span> be given authority to force relocation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/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\nPAYMENTS INTO COURT OR FILING CERTIFICATE OF DEPOSIT BEFORE ENTERING UPON LAND\n(\u00a7 33.2-1019)\n\nA. Before entering upon or taking possession of land pursuant to \u00a7 33.2-1018,\nthe Commissioner of Highways 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 Commissioner of Highways\n for such sum as is required by subsection B, which shall be deemed and held\n for 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 Commissioner of Highways estimates to be the fair value of\nthe land taken, or interest therein sought, and damage done, which estimate\nshall be based on a bona fide appraisal if required by § 25.1-417; however,\nsuch estimate shall not be less than the current assessed value of the land for\nreal estate tax purposes, unless the property has physically changed in a\nmaterial and substantial way since the current assessment date such that the\nreal estate tax assessment no longer represents a fair valuation of the\nproperty, when the entire parcel for which the assessment has been made is to be\nacquired.\n\nC. If the Commissioner of Highways makes a payment into court as provided in\nsubdivision A 1, the court shall also record a certificate of take pursuant to\n§ 33.2-1021. The clerk shall deposit such funds to the credit of the court\nin an account of a type that bears interest.\n\nD. Payment against a certificate of deposit, when ordered by the court named\ntherein, shall be paid by the Commissioner of Highways.\n\nE. The Commissioner of Highways shall not be permitted to force relocation on\nimproved owner-occupied property until the owner is permitted to withdraw the\nfunds represented by the certificate filed with the court. However, if the owner\nrefuses to withdraw the funds represented by the certificate filed with the\ncourt or if the Commissioner of Highways reasonably believes that the owner does\nnot possess clear title to the property being taken, that ownership of the\nproperty is disputed, or that certain owners cannot be located, the Commissioner\nof Highways may petition the court to establish that the owner does not possess\nclear title, that the ownership of the property is in dispute, that certain\nowners cannot be located, or that the owner has refused to withdraw the funds\nrepresented by the certificate filed with the court, and request that the\nCommissioner of Highways be given authority to force relocation.\n\nF. Nothing in this section shall make evidence of tax assessments admissible as\nproof of value in an eminent domain proceeding.\n\nHISTORY: Code 1950, \u00a7 33-70.2; 1958, c. 581; 1970, cc. 322, 684, \u00a7 33.1-120;\n2003, c. 940; 2004, c. 803; 2013, c. 764; 2014, c. 805; 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}}