{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-2441.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-2441.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-2441.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-2441.html"}],"law_id":68978,"edition_id":1,"section_id":68978,"structure_id":13845,"section_number":"55.1-2441","catch_line":"Pendency of escheat proceedings no bar to condemnation proceedings","history":"1968, c. 699, \u00a7 55-201.1; 2003, c. 940; 2019, c. 712.","full_text":"Notwithstanding any provision contained in this chapter, the Commissioner of Highways or any locality or other political subdivision or agency of the Commonwealth possessing the power of eminent domain, for a public purpose in accordance with the law and notwithstanding the pendency of any proceeding brought for the escheat of any land wanted and needed by such Commissioner of Highways or such locality or other political subdivision or agency of the Commonwealth for such purpose, may institute, maintain, and conduct to final judgment condemnation proceedings to acquire in fee simple such land or such lesser estate, title, or interest therein as is wanted and needed for such public purpose, provided, however, that the escheator in whose name such escheat proceedings is pending and the Commonwealth are made codefendants to such condemnation proceedings, together with the owner, if known, of the land proposed to be condemned in such proceeding. The pendency of such escheat proceedings shall not constitute a bar or defense to such condemnation proceedings, nor to any proceeding therein seeking a right of entry as provided in \u00a7 25.1-223, in Chapter 3 (\u00a7 25.1-300 et seq.) of Title 25.1, or in Article 1 (\u00a7 33.2-1000 et seq.) of Chapter 10 of Title 33.2. No escheator, after being served with notice of the filing of any such condemnation proceeding, shall sell or dispose of any land sought to be acquired in such condemnation proceeding except upon order entered by the court in which such condemnation proceeding is pending. The funds paid into court as compensation or damages for the land so taken or damaged shall, after payment of taxes and other claims constituting valid liens against the land so taken, be ordered distributed to the party entitled thereto or be ordered paid to the escheator of such land, or to the State Treasurer, as the court may direct.","order_by":null,"text":{"0":{"id":249675,"text":"Notwithstanding any provision contained in this chapter, the Commissioner of Highways or any locality or other political subdivision or agency of the Commonwealth possessing the power of eminent domain, for a public purpose in accordance with the law and notwithstanding the pendency of any proceeding brought for the escheat of any land wanted and needed by such Commissioner of Highways or such locality or other political subdivision or agency of the Commonwealth for such purpose, may institute, maintain, and conduct to final judgment condemnation proceedings to acquire in fee simple such land or such lesser estate, title, or interest therein as is wanted and needed for such public purpose, provided, however, that the escheator in whose name such escheat proceedings is pending and the Commonwealth are made codefendants to such condemnation proceedings, together with the owner, if known, of the land proposed to be condemned in such proceeding. The pendency of such escheat proceedings shall not constitute a bar or defense to such condemnation proceedings, nor to any proceeding therein seeking a right of entry as provided in \u00a7 25.1-223, in Chapter 3 (\u00a7 25.1-300 et seq.) of Title 25.1, or in Article 1 (\u00a7 33.2-1000 et seq.) of Chapter 10 of Title 33.2. No escheator, after being served with notice of the filing of any such condemnation proceeding, shall sell or dispose of any land sought to be acquired in such condemnation proceeding except upon order entered by the court in which such condemnation proceeding is pending. The funds paid into court as compensation or damages for the land so taken or damaged shall, after payment of taxes and other claims constituting valid liens against the land so taken, be ordered distributed to the party entitled thereto or be ordered paid to the escheator of such land, or to the State Treasurer, as the court may direct.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13845,"edition_id":1,"name":"Escheats","identifier":"24","label":"chapter","depth":3,"order_by":1,"parent_id":12708,"metadata":{},"date_created":"2026-06-26 03:46:03","date_modified":"2026-06-26 03:46:03","permalink":{"id":247773,"object_type":"structure","relational_id":13845,"identifier":"24","token":"55.1\/V\/24","url":"\/55.1\/V\/24\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12708,"edition_id":1,"name":"Miscellaneous","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":247771,"object_type":"structure","relational_id":12708,"identifier":"V","token":"55.1\/V","url":"\/55.1\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76052,"structure_id":13845,"section_number":"55.1-2400","catch_line":"Definition","url":"\/55.1-2400\/","token":"55.1\/V\/24\/55.1-2400","metadata":false},{"id":56710,"structure_id":13845,"section_number":"55.1-2401","catch_line":"Appointment of escheators","url":"\/55.1-2401\/","token":"55.1\/V\/24\/55.1-2401","metadata":false},{"id":69679,"structure_id":13845,"section_number":"55.1-2402","catch_line":"Bond of escheator","url":"\/55.1-2402\/","token":"55.1\/V\/24\/55.1-2402","metadata":false},{"id":58339,"structure_id":13845,"section_number":"55.1-2403","catch_line":"Increase or reduction of penalty of escheator's bond; effect","url":"\/55.1-2403\/","token":"55.1\/V\/24\/55.1-2403","metadata":false},{"id":77792,"structure_id":13845,"section_number":"55.1-2404","catch_line":"Annual report to escheator; lands not liable","url":"\/55.1-2404\/","token":"55.1\/V\/24\/55.1-2404","metadata":false},{"id":78504,"structure_id":13845,"section_number":"55.1-2405","catch_line":"Escheator to hold inquest; notice of inquest","url":"\/55.1-2405\/","token":"55.1\/V\/24\/55.1-2405","metadata":false},{"id":64508,"structure_id":13845,"section_number":"55.1-2406","catch_line":"Jury of inquest; presentation of evidence","url":"\/55.1-2406\/","token":"55.1\/V\/24\/55.1-2406","metadata":false},{"id":67691,"structure_id":13845,"section_number":"55.1-2407","catch_line":"Attendance of jurors; compensation","url":"\/55.1-2407\/","token":"55.1\/V\/24\/55.1-2407","metadata":false},{"id":80657,"structure_id":13845,"section_number":"55.1-2408","catch_line":"How verdict signed; where returned and recorded","url":"\/55.1-2408\/","token":"55.1\/V\/24\/55.1-2408","metadata":false},{"id":75629,"structure_id":13845,"section_number":"55.1-2409","catch_line":"Proceedings to claim land escheated","url":"\/55.1-2409\/","token":"55.1\/V\/24\/55.1-2409","metadata":false},{"id":67698,"structure_id":13845,"section_number":"55.1-2410","catch_line":"Trial by jury; judgment of court","url":"\/55.1-2410\/","token":"55.1\/V\/24\/55.1-2410","metadata":false},{"id":75755,"structure_id":13845,"section_number":"55.1-2411","catch_line":"Facts or evidence to be certified","url":"\/55.1-2411\/","token":"55.1\/V\/24\/55.1-2411","metadata":false},{"id":69951,"structure_id":13845,"section_number":"55.1-2412","catch_line":"Lands may be committed to claimant while claim pending","url":"\/55.1-2412\/","token":"55.1\/V\/24\/55.1-2412","metadata":false},{"id":64880,"structure_id":13845,"section_number":"55.1-2413","catch_line":"Disposition of lands while claim is pending, if not committed to claimant","url":"\/55.1-2413\/","token":"55.1\/V\/24\/55.1-2413","metadata":false},{"id":79488,"structure_id":13845,"section_number":"55.1-2414","catch_line":"Escheator to notify State Treasurer of claim and decision","url":"\/55.1-2414\/","token":"55.1\/V\/24\/55.1-2414","metadata":false},{"id":83787,"structure_id":13845,"section_number":"55.1-2415","catch_line":"Escheators to certify lands escheated","url":"\/55.1-2415\/","token":"55.1\/V\/24\/55.1-2415","metadata":false},{"id":74839,"structure_id":13845,"section_number":"55.1-2416","catch_line":"Removal of parcels from the certificate","url":"\/55.1-2416\/","token":"55.1\/V\/24\/55.1-2416","metadata":false},{"id":64746,"structure_id":13845,"section_number":"55.1-2417","catch_line":"Escheat of property with hazardous materials","url":"\/55.1-2417\/","token":"55.1\/V\/24\/55.1-2417","metadata":false},{"id":58743,"structure_id":13845,"section_number":"55.1-2418","catch_line":"Publication of escheator's certificate","url":"\/55.1-2418\/","token":"55.1\/V\/24\/55.1-2418","metadata":false},{"id":72864,"structure_id":13845,"section_number":"55.1-2419","catch_line":"Order of sale by Governor","url":"\/55.1-2419\/","token":"55.1\/V\/24\/55.1-2419","metadata":false},{"id":81462,"structure_id":13845,"section_number":"55.1-2420","catch_line":"Form of sale agreement; notice of right to refund","url":"\/55.1-2420\/","token":"55.1\/V\/24\/55.1-2420","metadata":false},{"id":64619,"structure_id":13845,"section_number":"55.1-2421","catch_line":"When grant to issue to purchaser; reimbursable expenses","url":"\/55.1-2421\/","token":"55.1\/V\/24\/55.1-2421","metadata":false},{"id":66352,"structure_id":13845,"section_number":"55.1-2422","catch_line":"Form of grant of escheated property","url":"\/55.1-2422\/","token":"55.1\/V\/24\/55.1-2422","metadata":false},{"id":75826,"structure_id":13845,"section_number":"55.1-2423","catch_line":"Governor to sign and seal grant; Librarian of Virginia to record it; delivery to and by State Treasurer","url":"\/55.1-2423\/","token":"55.1\/V\/24\/55.1-2423","metadata":false},{"id":72994,"structure_id":13845,"section_number":"55.1-2424","catch_line":"Recordation of certified copy of grant","url":"\/55.1-2424\/","token":"55.1\/V\/24\/55.1-2424","metadata":false},{"id":63695,"structure_id":13845,"section_number":"55.1-2425","catch_line":"Resale in case of default","url":"\/55.1-2425\/","token":"55.1\/V\/24\/55.1-2425","metadata":false},{"id":84685,"structure_id":13845,"section_number":"55.1-2426","catch_line":"Reports by escheators to State Treasurer","url":"\/55.1-2426\/","token":"55.1\/V\/24\/55.1-2426","metadata":false},{"id":75386,"structure_id":13845,"section_number":"55.1-2427","catch_line":"Reports by State Treasurer to the Governor; penalty on escheators for failure of duty","url":"\/55.1-2427\/","token":"55.1\/V\/24\/55.1-2427","metadata":false},{"id":81877,"structure_id":13845,"section_number":"55.1-2428","catch_line":"State Treasurer may examine records of any escheator, commissioner of the revenue, or treasurer","url":"\/55.1-2428\/","token":"55.1\/V\/24\/55.1-2428","metadata":false},{"id":66825,"structure_id":13845,"section_number":"55.1-2429","catch_line":"When State Treasurer to issue grant to purchaser","url":"\/55.1-2429\/","token":"55.1\/V\/24\/55.1-2429","metadata":false},{"id":65327,"structure_id":13845,"section_number":"55.1-2430","catch_line":"Escheator's pay","url":"\/55.1-2430\/","token":"55.1\/V\/24\/55.1-2430","metadata":false},{"id":67261,"structure_id":13845,"section_number":"55.1-2431","catch_line":"Escheat of estates in trust and equitable titles","url":"\/55.1-2431\/","token":"55.1\/V\/24\/55.1-2431","metadata":false},{"id":65255,"structure_id":13845,"section_number":"55.1-2432","catch_line":"Provision in favor of tenant of escheated land","url":"\/55.1-2432\/","token":"55.1\/V\/24\/55.1-2432","metadata":false},{"id":70882,"structure_id":13845,"section_number":"55.1-2433","catch_line":"In favor of creditor of decedent","url":"\/55.1-2433\/","token":"55.1\/V\/24\/55.1-2433","metadata":false},{"id":82338,"structure_id":13845,"section_number":"55.1-2434","catch_line":"Escheators to defend on behalf of Commonwealth","url":"\/55.1-2434\/","token":"55.1\/V\/24\/55.1-2434","metadata":false},{"id":82750,"structure_id":13845,"section_number":"55.1-2435","catch_line":"Recovery by escheator of decedent's escheated residue and of property abandoned or derelict; fee","url":"\/55.1-2435\/","token":"55.1\/V\/24\/55.1-2435","metadata":false},{"id":62613,"structure_id":13845,"section_number":"55.1-2436","catch_line":"Publication of action; what to state and require","url":"\/55.1-2436\/","token":"55.1\/V\/24\/55.1-2436","metadata":false},{"id":54863,"structure_id":13845,"section_number":"55.1-2437","catch_line":"Order of the court","url":"\/55.1-2437\/","token":"55.1\/V\/24\/55.1-2437","metadata":false},{"id":56856,"structure_id":13845,"section_number":"55.1-2438","catch_line":"How money paid into state treasury from escheats may be recovered","url":"\/55.1-2438\/","token":"55.1\/V\/24\/55.1-2438","metadata":false},{"id":55519,"structure_id":13845,"section_number":"55.1-2439","catch_line":"Regulations of the State Treasurer","url":"\/55.1-2439\/","token":"55.1\/V\/24\/55.1-2439","metadata":false},{"id":59192,"structure_id":13845,"section_number":"55.1-2440","catch_line":"Continuation of certain statutes","url":"\/55.1-2440\/","token":"55.1\/V\/24\/55.1-2440","metadata":false},{"id":68978,"structure_id":13845,"section_number":"55.1-2441","catch_line":"Pendency of escheat proceedings no bar to condemnation proceedings","url":"\/55.1-2441\/","token":"55.1\/V\/24\/55.1-2441","metadata":false}],"previous_section":{"id":59192,"structure_id":13845,"section_number":"55.1-2440","catch_line":"Continuation of certain statutes","url":"\/55.1-2440\/","token":"55.1\/V\/24\/55.1-2440","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-2441\/","history_text":"<p>This law was first created in 1968. The record of its establishment is cataloged in chapter 699 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1968 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0940\">940<\/a>; in 2019, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0712\">712<\/a>.<\/p>","references":false,"refers_to":[{"id":65779,"section_number":"25.1-223","catch_line":"Right to enter upon property","order_by":null,"url":"\/25.1-223\/"},{"id":83870,"section_number":"25.1-300","catch_line":"Definitions","order_by":null,"url":"\/25.1-300\/"},{"id":71835,"section_number":"33.2-1000","catch_line":"Definitions","order_by":null,"url":"\/33.2-1000\/"}],"permalink":{"id":247939,"object_type":"law","relational_id":68978,"identifier":"55.1-2441","token":"55.1\/V\/24\/55.1-2441","url":"\/55.1-2441\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-2441\/","token":"55.1\/V\/24\/55.1-2441","dublin_core":{"Title":"Pendency of escheat proceedings no bar to condemnation proceedings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-2441","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Notwithstanding any provision contained in this chapter, the Commissioner of Highways or any locality or other political subdivision or agency of the Commonwealth possessing the power of eminent domain, for a public purpose in accordance with the <span class=\"dictionary\">law<\/span> and notwithstanding the pendency of any proceeding brought for the escheat of any land wanted and needed by such Commissioner of Highways or such locality or other political subdivision or agency of the Commonwealth for such purpose, may institute, maintain, and conduct to final <span class=\"dictionary\">judgment<\/span> condemnation proceedings to acquire in fee simple such land or such lesser estate, title, or interest therein as is wanted and needed for such public purpose, provided, however, that the escheator in whose name such escheat proceedings is pending and the Commonwealth are made codefendants to such condemnation proceedings, together with the owner, if known, of the land proposed to be condemned in such proceeding. The pendency of such escheat proceedings shall not constitute a bar or defense to such condemnation proceedings, nor to any proceeding therein seeking a right of entry as provided in \u00a7&nbsp;<a class=\"law\" title=\"Right to enter upon property\" href=\"\/25.1-223\/\">25.1-223<\/a>, in Chapter 3 (\u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/25.1-300\/\">25.1-300<\/a> et seq.) of Title 25.1, or in Article 1 (\u00a7&nbsp;<a class=\"law\" title=\"Definitions\" href=\"\/33.2-1000\/\">33.2-1000<\/a> et seq.) of Chapter 10 of Title 33.2. No escheator, after being served with notice of the filing of any such condemnation proceeding, shall sell or dispose of any land sought to be acquired in such condemnation proceeding except upon <span class=\"dictionary\">order<\/span> entered by the <span class=\"dictionary\">court<\/span> in which such condemnation proceeding is pending. The funds paid into <span class=\"dictionary\">court<\/span> as compensation or <span class=\"dictionary\">damages<\/span> for the land so taken or damaged shall, after payment of taxes and other claims constituting valid <span class=\"dictionary\">liens<\/span> against the land so taken, be ordered distributed to the <span class=\"dictionary\">party<\/span> entitled thereto or be ordered paid to the escheator of such land, or to the State Treasurer, as the <span class=\"dictionary\">court<\/span> may direct.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPENDENCY OF ESCHEAT PROCEEDINGS NO BAR TO CONDEMNATION PROCEEDINGS (\u00a7\n55.1-2441)\n\nNotwithstanding any provision contained in this chapter, the Commissioner of\nHighways or any locality or other political subdivision or agency of the\nCommonwealth possessing the power of eminent domain, for a public purpose in\naccordance with the law and notwithstanding the pendency of any proceeding\nbrought for the escheat of any land wanted and needed by such Commissioner of\nHighways or such locality or other political subdivision or agency of the\nCommonwealth for such purpose, may institute, maintain, and conduct to final\njudgment condemnation proceedings to acquire in fee simple such land or such\nlesser estate, title, or interest therein as is wanted and needed for such\npublic purpose, provided, however, that the escheator in whose name such escheat\nproceedings is pending and the Commonwealth are made codefendants to such\ncondemnation proceedings, together with the owner, if known, of the land\nproposed to be condemned in such proceeding. The pendency of such escheat\nproceedings shall not constitute a bar or defense to such condemnation\nproceedings, nor to any proceeding therein seeking a right of entry as provided\nin \u00a7 25.1-223, in Chapter 3 (\u00a7 25.1-300 et seq.) of Title 25.1, or in Article\n1 (\u00a7 33.2-1000 et seq.) of Chapter 10 of Title 33.2. No escheator, after being\nserved with notice of the filing of any such condemnation proceeding, shall sell\nor dispose of any land sought to be acquired in such condemnation proceeding\nexcept upon order entered by the court in which such condemnation proceeding is\npending. The funds paid into court as compensation or damages for the land so\ntaken or damaged shall, after payment of taxes and other claims constituting\nvalid liens against the land so taken, be ordered distributed to the party\nentitled thereto or be ordered paid to the escheator of such land, or to the\nState Treasurer, as the court may direct.\n\nHISTORY: 1968, c. 699, \u00a7 55-201.1; 2003, c. 940; 2019, c. 712.","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}}