{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-1027.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-1027.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-1027.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-1027.html"}],"law_id":69653,"edition_id":1,"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","history":"Code 1950, \u00a7 33-70.11; 1958, c. 581; 1970, c. 322, \u00a7 33.1-129; 1993, c. 35; 2014, c. 805; 2015, c. 256.","full_text":"At any time after the recordation of such certificate, but prior to the institution of condemnation proceedings, if the Commissioner of Highways and the owner of the land or interest therein taken or damaged are able to agree as to compensation for the land taken and damages, if any, caused by such taking, the Commissioner of Highways shall file with the court a petition so stating, with a copy of the agreement attached. If condemnation proceedings are already pending at the time of reaching such agreement, no such petition shall be required, but the motion for dismissal of such proceedings shall contain an averment that such agreement has been reached. Upon the filing of such petition or motion to dismiss, the court shall thereupon enter an order confirming absolute and indefeasible title to the land or interest therein in the Commonwealth. Such order shall be recorded in the current deed book. Upon entry of such order, the Commissioner of Highways and State Treasurer shall be relieved of further obligation by virtue of having filed such certificate of deposit with the court.\n\t\tIf 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 fund on deposit, the court shall direct that such fund, after payment therefrom of any taxes that may be charged against such land taken, be disbursed and distributed in accordance with the statement or charge 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 fund, such distribution shall be made in accordance with the provisions of \u00a7 33.2-1023.","order_by":null,"text":{"0":{"id":251811,"text":"At any time after the recordation of such certificate, but prior to the institution of condemnation proceedings, if the Commissioner of Highways and the owner of the land or interest therein taken or damaged are able to agree as to compensation for the land taken and damages, if any, caused by such taking, the Commissioner of Highways shall file with the court a petition so stating, with a copy of the agreement attached. If condemnation proceedings are already pending at the time of reaching such agreement, no such petition shall be required, but the motion for dismissal of such proceedings shall contain an averment that such agreement has been reached. Upon the filing of such petition or motion to dismiss, the court shall thereupon enter an order confirming absolute and indefeasible title to the land or interest therein in the Commonwealth. Such order shall be recorded in the current deed book. Upon entry of such order, the Commissioner of Highways and State Treasurer shall be relieved of further obligation by virtue of having filed such certificate of deposit with the court.\n\t\tIf 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 fund on deposit, the court shall direct that such fund, after payment therefrom of any taxes that may be charged against such land taken, be disbursed and distributed in accordance with the statement or charge 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 fund, such distribution shall be made in accordance with the provisions of \u00a7 33.2-1023.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-1027\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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, chapter 322; in 1993, chapter 35; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0805\">805<\/a>; in 2015, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0256\">256<\/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":75259,"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","order_by":null,"url":"\/33.2-1014\/"},{"id":64801,"section_number":"33.2-1015","catch_line":"Acquisition of land in median of highways for public mass transit; disposition of such property","order_by":null,"url":"\/33.2-1015\/"},{"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\/"}],"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\/"}],"permalink":{"id":205483,"object_type":"law","relational_id":69653,"identifier":"33.2-1027","token":"33.2\/II\/10\/1\/33.2-1027","url":"\/33.2-1027\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-1027\/","token":"33.2\/II\/10\/1\/33.2-1027","dublin_core":{"Title":"Agreements as to compensation; petition and order of court thereon; disposition of deposit","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-1027","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>At any time after the recordation of such certificate, but prior to the institution of condemnation proceedings, if the <span class=\"dictionary\">Commissioner of Highways<\/span> and the <span class=\"dictionary\">owner<\/span> of the land or interest therein taken or damaged are able to agree as to compensation for the land taken and <span class=\"dictionary\">damages<\/span>, if any, caused by such taking, the <span class=\"dictionary\">Commissioner of Highways<\/span> shall file with the <span class=\"dictionary\">court<\/span> a <span class=\"dictionary\">petition<\/span> so stating, with a copy of the agreement attached. If condemnation proceedings are already pending at the time of reaching such agreement, no such <span class=\"dictionary\">petition<\/span> shall be required, but the <span class=\"dictionary\">motion<\/span> for <span class=\"dictionary\">dismissal<\/span> of such proceedings shall contain an averment that such agreement has been reached. Upon the filing of such <span class=\"dictionary\">petition<\/span> or <span class=\"dictionary\">motion<\/span> to dismiss, the <span class=\"dictionary\">court<\/span> shall thereupon enter an <span class=\"dictionary\">order<\/span> confirming absolute and indefeasible title to the land or interest therein in the Commonwealth. Such <span class=\"dictionary\">order<\/span> shall be recorded in the current deed book. Upon entry of such <span class=\"dictionary\">order<\/span>, the <span class=\"dictionary\">Commissioner of Highways<\/span> and State Treasurer shall be relieved of further obligation by virtue of having filed such <span class=\"dictionary\">certificate of deposit<\/span> with the <span class=\"dictionary\">court<\/span>.\n\t\tIf it shall appear from such <span class=\"dictionary\">petition<\/span> and agreement, or <span class=\"dictionary\">motion<\/span> to dismiss a pending suit, that no person other than those executing such agreement are entitled to the fund on deposit, the <span class=\"dictionary\">court<\/span> shall direct that such fund, after payment therefrom of any taxes that may be charged against such land taken, be disbursed and distributed in accordance with the statement or charge in the <span class=\"dictionary\">petition<\/span> or <span class=\"dictionary\">motion<\/span> among the parties or persons entitled thereto. If it shall appear that a controversy exists as to the persons entitled to such fund, such distribution shall be made in accordance with the provisions of \u00a7&nbsp;<a class=\"law\" title=\"Proceedings for distribution of funds; effect of acceptance of payments; evidence as to amount of deposit or certificate\" href=\"\/33.2-1023\/\">33.2-1023<\/a>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nAGREEMENTS AS TO COMPENSATION; PETITION AND ORDER OF COURT THEREON; DISPOSITION\nOF DEPOSIT (\u00a7 33.2-1027)\n\nAt any time after the recordation of such certificate, but prior to the\ninstitution of condemnation proceedings, if the Commissioner of Highways and the\nowner of the land or interest therein taken or damaged are able to agree as to\ncompensation for the land taken and damages, if any, caused by such taking, the\nCommissioner of Highways shall file with the court a petition so stating, with a\ncopy of the agreement attached. If condemnation proceedings are already pending\nat the time of reaching such agreement, no such petition shall be required, but\nthe motion for dismissal of such proceedings shall contain an averment that such\nagreement has been reached. Upon the filing of such petition or motion to\ndismiss, the court shall thereupon enter an order confirming absolute and\nindefeasible title to the land or interest therein in the Commonwealth. Such\norder shall be recorded in the current deed book. Upon entry of such order, the\nCommissioner of Highways and State Treasurer shall be relieved of further\nobligation by virtue of having filed such certificate of deposit with the court.\n\t\tIf 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 fund on deposit, the court shall direct that such fund, after\npayment therefrom of any taxes that may be charged against such land taken, be\ndisbursed and distributed in accordance with the statement or charge in the\npetition or motion among the parties or persons entitled thereto. If it shall\nappear that a controversy exists as to the persons entitled to such fund, such\ndistribution shall be made in accordance with the provisions of \u00a7 33.2-1023.\n\nHISTORY: Code 1950, \u00a7 33-70.11; 1958, c. 581; 1970, c. 322, \u00a7 33.1-129; 1993,\nc. 35; 2014, c. 805; 2015, c. 256.","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}}