{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1026.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1026.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1026.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1026.html"}],"law_id":69987,"edition_id":1,"section_id":69987,"structure_id":14693,"section_number":"33.2-1026","catch_line":"Awards in greater or lesser amounts than deposit; interest","history":"Code 1950, \u00a7 33-70.10; 1958, c. 581; 1970, cc. 322, 614, \u00a7 33.1-128; 1981, c. 476; 1994, c. 584; 1997, c. 865; 2003, cc. 19, 47, 318, 940; 2010, cc. 20, 53; 2014, c. 805; 2017, c. 710; 2022, c. 735; 2025, c. 617.","full_text":"A\n\nIf the amount of an award in a condemnation proceeding is greater than that deposited with the court or represented by a certificate of deposit, the excess amount, together with interest accrued on such excess amount, shall be paid into court for the person entitled thereto. The clerk shall deposit such funds to the credit of the court in an account of a type that bears interest.B\n\nInterest, compounded daily, shall accrue on the excess amount at not less than the judgment rate of interest as set forth in § 8.01-382, computed from the date of such deposit to the date of payment into court, and shall be paid into court for the person or persons entitled thereto. However, any (i) interest accruing after June 30, 1970, and prior to July 1, 1981, shall be paid at the rate of six percent; (ii) interest accruing after June 30, 1981, and prior to July 1, 1994, shall be paid at the rate of eight percent; and (iii) interest accruing after June 30, 1994, and prior to July 1, 2003, shall be paid at the general account composite rate, compiled by the Department of the Treasury for the month in which the award is rendered.C\n\nIf the amount of an award in a condemnation proceeding is less than that deposited with the court or represented by a certificate of deposit, and the person or persons entitled thereto have received a distribution of the funds pursuant to § 33.2-1023, the Commissioner of Highways shall recover (i) the amount of such excess and (ii) interest on such excess at the rate of interest established pursuant to § 6621(a)(2) of the Internal Revenue Code of 1954, as amended. If any person has been paid a greater sum than that to which he is entitled as determined by the award, judgment shall be entered for the Commissioner of Highways against such person for the amount of such excess and interest. However, the Commissioner of Highways shall not be entitled to recover the amount of such excess and interest in the event the Commissioner of Highways acquired, by virtue of the certificate, an entire parcel of land containing a dwelling, multiple-family dwelling, or building used for commercial purposes at the time of initiation of negotiations for the acquisition of such property.","order_by":null,"text":{"0":{"id":252856,"text":"If the amount of an award in a condemnation proceeding is greater than that deposited with the court or represented by a certificate of deposit, the excess amount, together with interest accrued on such excess amount, shall be paid into court for the person entitled thereto. The clerk shall deposit such funds to the credit of the court in an account of a type that bears interest.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":252857,"text":"Interest, compounded daily, shall accrue on the excess amount at not less than the judgment rate of interest as set forth in § 8.01-382, computed from the date of such deposit to the date of payment into court, and shall be paid into court for the person or persons entitled thereto. However, any (i) interest accruing after June 30, 1970, and prior to July 1, 1981, shall be paid at the rate of six percent; (ii) interest accruing after June 30, 1981, and prior to July 1, 1994, shall be paid at the rate of eight percent; and (iii) interest accruing after June 30, 1994, and prior to July 1, 2003, shall be paid at the general account composite rate, compiled by the Department of the Treasury for the month in which the award is rendered.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":252858,"text":"If the amount of an award in a condemnation proceeding is less than that deposited with the court or represented by a certificate of deposit, and the person or persons entitled thereto have received a distribution of the funds pursuant to § 33.2-1023, the Commissioner of Highways shall recover (i) the amount of such excess and (ii) interest on such excess at the rate of interest established pursuant to § 6621(a)(2) of the Internal Revenue Code of 1954, as amended. If any person has been paid a greater sum than that to which he is entitled as determined by the award, judgment shall be entered for the Commissioner of Highways against such person for the amount of such excess and interest. However, the Commissioner of Highways shall not be entitled to recover the amount of such excess and interest in the event the Commissioner of Highways acquired, by virtue of the certificate, an entire parcel of land containing a dwelling, multiple-family dwelling, or building used for commercial purposes at the time of initiation of negotiations for the acquisition of such property.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1026\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 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 614; in 1981, chapter 476; in 1994, chapter 584<\/a>; in 1997, chapter 865<\/a>; in 2003, chapters 19<\/a>, 47<\/a>, 318<\/a>, and 940<\/a>; in 2010, chapters 20<\/a> and 53<\/a>; in 2014, chapter 805<\/a>; in 2017, chapter 710<\/a>; in 2022, chapter 735<\/a>; in 2025, chapter 617<\/a>.<\/p>","references":false,"refers_to":[{"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":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":205479,"object_type":"law","relational_id":69987,"identifier":"33.2-1026","token":"33.2\/II\/10\/1\/33.2-1026","url":"\/33.2-1026\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1026\/","token":"33.2\/II\/10\/1\/33.2-1026","dublin_core":{"Title":"Awards in greater or lesser amounts than deposit; interest","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1026","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If the amount of an award in a condemnation proceeding is greater than that deposited with the court<\/span> or represented by a certificate of deposit<\/span>, the excess amount, together with interest accrued on such excess amount, shall be paid into court<\/span> for the person entitled thereto. 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

B.<\/span> Interest, compounded daily, shall accrue on the excess amount at not less than the judgment<\/span> rate of interest as set forth in § 8.01-382<\/a>, computed from the date of such deposit to the date of payment into court<\/span>, and shall be paid into court<\/span> for the person or persons entitled thereto. However, any (i) interest accruing after June 30, 1970, and prior to July 1, 1981, shall be paid at the rate of six percent; (ii) interest accruing after June 30, 1981, and prior to July 1, 1994, shall be paid at the rate of eight percent; and (iii) interest accruing after June 30, 1994, and prior to July 1, 2003, shall be paid at the general account composite rate, compiled by the Department<\/span> of the Treasury for the month in which the award is rendered. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If the amount of an award in a condemnation proceeding is less than that deposited with the court<\/span> or represented by a certificate of deposit<\/span>, and the person or persons entitled thereto have received a distribution of the funds pursuant to § 33.2-1023<\/a>, the Commissioner of Highways<\/span> shall recover (i) the amount of such excess and (ii) interest on such excess at the rate of interest established pursuant to § 6621(a)(2) of the Internal Revenue Code of 1954, as amended. If any person has been paid a greater sum than that to which he is entitled as determined by the award, judgment<\/span> shall be entered for the Commissioner of Highways<\/span> against such person for the amount of such excess and interest. However, the Commissioner of Highways<\/span> shall not be entitled to recover the amount of such excess and interest in the event the Commissioner of Highways<\/span> acquired, by virtue of the certificate, an entire parcel of land containing a dwelling, multiple-family dwelling, or building used for commercial purposes at the time of initiation of negotiations for the acquisition of such property. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAWARDS IN GREATER OR LESSER AMOUNTS THAN DEPOSIT; INTEREST (\u00a7 33.2-1026)\n\nA. If the amount of an award in a condemnation proceeding is greater than that\ndeposited with the court or represented by a certificate of deposit, the excess\namount, together with interest accrued on such excess amount, shall be paid into\ncourt for the person entitled thereto. The clerk shall deposit such funds to the\ncredit of the court in an account of a type that bears interest.\n\nB. Interest, compounded daily, shall accrue on the excess amount at not less\nthan the judgment rate of interest as set forth in § 8.01-382, computed\nfrom the date of such deposit to the date of payment into court, and shall be\npaid into court for the person or persons entitled thereto. However, any (i)\ninterest accruing after June 30, 1970, and prior to July 1, 1981, shall be paid\nat the rate of six percent; (ii) interest accruing after June 30, 1981, and\nprior to July 1, 1994, shall be paid at the rate of eight percent; and (iii)\ninterest accruing after June 30, 1994, and prior to July 1, 2003, shall be paid\nat the general account composite rate, compiled by the Department of the\nTreasury for the month in which the award is rendered.\n\nC. If the amount of an award in a condemnation proceeding is less than that\ndeposited with the court or represented by a certificate of deposit, and the\nperson or persons entitled thereto have received a distribution of the funds\npursuant to § 33.2-1023, the Commissioner of Highways shall recover (i) the\namount of such excess and (ii) interest on such excess at the rate of interest\nestablished pursuant to § 6621(a)(2) of the Internal Revenue Code of 1954,\nas amended. If any person has been paid a greater sum than that to which he is\nentitled as determined by the award, judgment shall be entered for the\nCommissioner of Highways against such person for the amount of such excess and\ninterest. However, the Commissioner of Highways shall not be entitled to recover\nthe amount of such excess and interest in the event the Commissioner of Highways\nacquired, by virtue of the certificate, an entire parcel of land containing a\ndwelling, multiple-family dwelling, or building used for commercial purposes at\nthe time of initiation of negotiations for the acquisition of such property.\n\nHISTORY: Code 1950, \u00a7 33-70.10; 1958, c. 581; 1970, cc. 322, 614, \u00a7 33.1-128;\n1981, c. 476; 1994, c. 584; 1997, c. 865; 2003, cc. 19, 47, 318, 940; 2010, cc.\n20, 53; 2014, c. 805; 2017, c. 710; 2022, c. 735; 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}}