{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1023.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1023.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1023.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1023.html"}],"law_id":79560,"edition_id":1,"section_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","history":"Code 1950, \u00a7 33-70.6; 1958, c. 581; 1964, c. 487; 1968, c. 232; 1970, c. 322, \u00a7 33.1-124; 1972, c. 765; 1985, c. 594; 1987, c. 641; 1994, c. 584; 2003, cc. 19, 47, 940; 2014, c. 805; 2020, c. 1245; 2025, c. 617.","full_text":"A\n\nAny person or persons shown by a certificate to be entitled thereto may petition the court for the distribution of all or any part of the funds deposited with the court pursuant to subdivision A 1 of § 33.2-1019 or represented by a certificate of deposit filed pursuant to subdivision A 2 of § 33.2-1019. Any costs of filing such petition or otherwise withdrawing the funds shall be taxed against the Commissioner of Highways.B\n\nA copy of such petition shall be served on the Commissioner of Highways, his deputy, or any attorney authorized to accept service with a notice, returnable to the court or judge not less than 21 days after such service, to show cause, if any, why such amount should not be distributed in accordance with the prayers of the petition.C\n\nIf the Commissioner of Highways 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 require a bond before ordering the distribution.D\n\nIf funds have been deposited with the court pursuant to subdivision A 1 of § 33.2-1019, any interest that has accrued on the funds shall be payable to the person or persons entitled to receive such funds.E\n\nIf funds are not then on deposit with the court but are represented by a certificate of deposit filed pursuant to subdivision A 2 of § 33.2-1019, a certified copy of such order shall forthwith be sent to the Commissioner of Highways by the clerk. It shall be the duty of the Commissioner of Highways to deposit such funds with the court within 21 days of the date of such order.F\n\nInterest, compounded daily, 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 Department that enjoins the taking of the property described in the certificate.G\n\nIf the Commissioner of Highways 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 § 25.1-240 for the distribution of awards.H\n\nHowever, the acceptance of such payment shall not limit the amount to be allowed by a commissioner in a condemnation proceeding, nor limit the rights of any party or parties to the proceeding to appeal from any decision therein; nor shall any party to such proceeding be entitled to introduce evidence of any amount deposited with the court or represented by a certificate, nor of any amount that has been accepted by any party entitled thereto pursuant to this section.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 section 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":285091,"text":"Any person or persons shown by a certificate to be entitled thereto may petition the court for the distribution of all or any part of the funds deposited with the court pursuant to subdivision A 1 of § 33.2-1019 or represented by a certificate of deposit filed pursuant to subdivision A 2 of § 33.2-1019. Any costs of filing such petition or otherwise withdrawing the funds shall be taxed against the Commissioner of Highways.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":285092,"text":"A copy of such petition shall be served on the Commissioner of Highways, his deputy, or any attorney authorized to accept service with a notice, returnable to the court or judge not less than 21 days after such service, to show cause, if any, why such amount should not be distributed in accordance with the prayers of the petition.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":285093,"text":"If the Commissioner of Highways 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 require a bond before ordering the distribution.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":285094,"text":"If funds have been deposited with the court pursuant to subdivision A 1 of § 33.2-1019, any interest that has accrued on the funds shall be payable to the person or persons entitled to receive such funds.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":285095,"text":"If funds are not then on deposit with the court but are represented by a certificate of deposit filed pursuant to subdivision A 2 of § 33.2-1019, a certified copy of such order shall forthwith be sent to the Commissioner of Highways by the clerk. It shall be the duty of the Commissioner of Highways to deposit such funds with the court within 21 days of the date of such order.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":285096,"text":"Interest, compounded daily, 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 Department that enjoins the taking of the property described in the certificate.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":285097,"text":"If the Commissioner of Highways 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 § 25.1-240 for the distribution of awards.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":285098,"text":"However, the acceptance of such payment shall not limit the amount to be allowed by a commissioner in a condemnation proceeding, nor limit the rights of any party or parties to the proceeding to appeal from any decision therein; nor shall any party to such proceeding be entitled to introduce evidence of any amount deposited with the court or represented by a certificate, nor of any amount that has been accepted by any party entitled thereto pursuant to this section.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":285099,"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 section 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":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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1023\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 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 1964, chapter 487; in 1968, chapter 232; in 1970, chapter 322; in 1972, chapter 765; in 1985, chapter 594; in 1987, chapter 641; in 1994, chapter 584<\/a>; in 2003, chapters 19<\/a>, 47<\/a>, and 940<\/a>; in 2014, chapter 805<\/a>; in 2020, chapter 1245<\/a>; in 2025, chapter 617<\/a>.<\/p>","references":[{"id":71931,"section_number":"17.1-275","catch_line":"Fees collected by clerks of circuit courts; generally","order_by":null,"url":"\/17.1-275\/"},{"id":69987,"section_number":"33.2-1026","catch_line":"Awards in greater or lesser amounts than deposit; interest","order_by":null,"url":"\/33.2-1026\/"},{"id":69653,"section_number":"33.2-1027","catch_line":"Agreements as to compensation; petition and order of court thereon; disposition of deposit","order_by":null,"url":"\/33.2-1027\/"}],"refers_to":[{"id":85738,"section_number":"25.1-240","catch_line":"Distribution of money paid into court","order_by":null,"url":"\/25.1-240\/"},{"id":79287,"section_number":"33.2-1019","catch_line":"Payments into court or filing certificate of deposit before entering upon land","order_by":null,"url":"\/33.2-1019\/"},{"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":205467,"object_type":"law","relational_id":79560,"identifier":"33.2-1023","token":"33.2\/II\/10\/1\/33.2-1023","url":"\/33.2-1023\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1023\/","token":"33.2\/II\/10\/1\/33.2-1023","dublin_core":{"Title":"Proceedings for distribution of funds; effect of acceptance of payments; evidence as to amount of deposit or certificate","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1023","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person or persons shown by a certificate to be entitled thereto may petition<\/span> the court<\/span> for the distribution of all or any part of the funds deposited with the court<\/span> pursuant to subdivision A 1 of § 33.2-1019<\/a> or represented by a certificate of deposit<\/span> filed pursuant to subdivision A 2 of § 33.2-1019<\/a>. Any costs of filing such petition<\/span> or otherwise withdrawing the funds shall be taxed against the Commissioner of Highways<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A copy of such petition<\/span> shall be served on the Commissioner of Highways<\/span>, his deputy, or any attorney authorized to accept service with a notice, returnable to the court<\/span> or judge<\/span> not less than 21 days after such service, to show cause, if any, why such amount should not be distributed in accordance with the prayers of the petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the Commissioner of Highways<\/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 the court<\/span> may require a bond<\/span> before ordering the distribution. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If funds have been deposited with the court<\/span> pursuant to subdivision A 1 of § 33.2-1019<\/a>, any interest that has accrued on the funds shall be payable to the person or persons entitled to receive such funds. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If funds are not then on deposit with the court<\/span> but are represented by a certificate of deposit<\/span> filed pursuant to subdivision A 2 of § 33.2-1019<\/a>, a certified copy of such order<\/span> shall forthwith be sent to the Commissioner of Highways<\/span> by the clerk. It shall be the duty of the Commissioner of Highways<\/span> to deposit such funds with the court<\/span> within 21 days of the date of such order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Interest, compounded daily, 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 Department<\/span> that enjoins the taking of the property described in the certificate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If the Commissioner of Highways<\/span> 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<\/span> shall direct such proceedings as are provided by § 25.1-240<\/a> for the distribution of awards. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> However, the acceptance of such payment shall not limit the amount to be allowed by a commissioner in a condemnation proceeding, nor limit the rights of any party<\/span> or parties to the proceeding to appeal<\/span> from any decision therein; nor shall any party<\/span> to such proceeding be entitled to introduce evidence<\/span> of any amount deposited with the court<\/span> or represented by a certificate, nor of any amount that has been accepted by any party<\/span> entitled thereto pursuant to this section. <\/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 section shall be construed to alter the priority of liens<\/span> or any obligation to satisfy or release any outstanding liens<\/span> on the property or the funds. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEEDINGS FOR DISTRIBUTION OF FUNDS; EFFECT OF ACCEPTANCE OF PAYMENTS;\nEVIDENCE AS TO AMOUNT OF DEPOSIT OR CERTIFICATE (\u00a7 33.2-1023)\n\nA. Any person or persons shown by a certificate to be entitled thereto may\npetition the court for the distribution of all or any part of the funds\ndeposited with the court pursuant to subdivision A 1 of § 33.2-1019 or\nrepresented by a certificate of deposit filed pursuant to subdivision A 2 of\n§ 33.2-1019. Any costs of filing such petition or otherwise withdrawing the\nfunds shall be taxed against the Commissioner of Highways.\n\nB. A copy of such petition shall be served on the Commissioner of Highways, his\ndeputy, or any attorney authorized to accept service with a notice, returnable\nto the court or judge not less than 21 days after such service, to show cause,\nif any, why such amount should not be distributed in accordance with the prayers\nof the petition.\n\nC. If the Commissioner of Highways 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 require\na bond before ordering the distribution.\n\nD. If funds have been deposited with the court pursuant to subdivision A 1 of\n§ 33.2-1019, any interest that has accrued on the funds shall be payable to\nthe person or persons entitled to receive such funds.\n\nE. If funds are not then on deposit with the court but are represented by a\ncertificate of deposit filed pursuant to subdivision A 2 of § 33.2-1019, a\ncertified copy of such order shall forthwith be sent to the Commissioner of\nHighways by the clerk. It shall be the duty of the Commissioner of Highways to\ndeposit such funds with the court within 21 days of the date of such order.\n\nF. Interest, compounded daily, shall be payable on funds represented by a\ncertificate of deposit from the date of filing of the certificate of deposit\nuntil the funds are paid into court at no less than the judgment rate of\ninterest as set forth in § 8.01-382. However, interest shall not accrue if\nan injunction is filed against the Department that enjoins the taking of the\nproperty described in the certificate.\n\nG. If the Commissioner of Highways 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 § 25.1-240 for the distribution of awards.\n\nH. However, the acceptance of such payment shall not limit the amount to be\nallowed by a commissioner in a condemnation proceeding, nor limit the rights of\nany party or parties to the proceeding to appeal from any decision therein; nor\nshall any party to such proceeding be entitled to introduce evidence of any\namount deposited with the court or represented by a certificate, nor of any\namount that has been accepted by any party entitled thereto pursuant to this\nsection.\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 section shall be construed to alter the priority of liens or any obligation\nto satisfy or release any outstanding liens on the property or the funds.\n\nHISTORY: Code 1950, \u00a7 33-70.6; 1958, c. 581; 1964, c. 487; 1968, c. 232; 1970,\nc. 322, \u00a7 33.1-124; 1972, c. 765; 1985, c. 594; 1987, c. 641; 1994, c. 584;\n2003, cc. 19, 47, 940; 2014, c. 805; 2020, c. 1245; 2025, c. 617.","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}}