{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/56-437.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/56-437.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/56-437.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/56-437.html"}],"law_id":73321,"edition_id":1,"section_id":73321,"structure_id":13245,"section_number":"56-437","catch_line":"Effect of appraisal in case of suit; costs","history":"Code 1919, \u00a7 3995; 1994, c. 352.","full_text":"If the railroad company fails, for sixty days after such report is so returned to such clerk, to pay to the owner the full amount assessed by the board of appraisers under \u00a7 56-436, and the cost attending the assessment, the owner shall have the right to institute suit on the original cause of action. If, upon the trial, he recovers a verdict for an amount equal to or greater than the amount assessed in his favor by the board of appraisers, it shall be the duty of the court to render judgment in his favor for the amount of such verdict, and costs of suit and, of such appraisement, and ten percent damages in addition thereto. If the owner recovers less than the amount so assessed, judgment shall be rendered in his favor for the amount of the verdict and costs of suit and appraisement; but if the company has offered to pay the award, and the owner has refused to accept the same, and he recovers a verdict for an amount less than such assessment, judgment shall be rendered in his favor for the amount of his recovery, but the cost of the appraisement and action shall be taxed against him.","order_by":null,"text":{"0":{"id":263880,"text":"If the railroad company fails, for sixty days after such report is so returned to such clerk, to pay to the owner the full amount assessed by the board of appraisers under \u00a7 56-436, and the cost attending the assessment, the owner shall have the right to institute suit on the original cause of action. If, upon the trial, he recovers a verdict for an amount equal to or greater than the amount assessed in his favor by the board of appraisers, it shall be the duty of the court to render judgment in his favor for the amount of such verdict, and costs of suit and, of such appraisement, and ten percent damages in addition thereto. If the owner recovers less than the amount so assessed, judgment shall be rendered in his favor for the amount of the verdict and costs of suit and appraisement; but if the company has offered to pay the award, and the owner has refused to accept the same, and he recovers a verdict for an amount less than such assessment, judgment shall be rendered in his favor for the amount of his recovery, but the cost of the appraisement and action shall be taxed against him.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13245,"edition_id":1,"name":"Rights-Of-Way; Fires; Fences; Cattle Guards, Etc","identifier":"8","label":"article","depth":3,"order_by":1,"parent_id":12995,"metadata":{},"date_created":"2026-06-26 03:44:30","date_modified":"2026-06-26 03:44:30","permalink":{"id":249731,"object_type":"structure","relational_id":13245,"identifier":"8","token":"56\/13\/8","url":"\/56\/13\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12995,"edition_id":1,"name":"Railroad Corporations","identifier":"13","label":"chapter","depth":2,"order_by":1,"parent_id":12881,"metadata":{},"date_created":"2026-06-26 03:44:07","date_modified":"2026-06-26 03:44:07","permalink":{"id":249439,"object_type":"structure","relational_id":12995,"identifier":"13","token":"56\/13","url":"\/56\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12881,"edition_id":1,"name":"Public Service Companies","identifier":"56","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":248473,"object_type":"structure","relational_id":12881,"identifier":"56","token":"56","url":"\/56\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66439,"structure_id":13245,"section_number":"56-426","catch_line":"Repealed","url":"\/56-426\/","token":"56\/13\/8\/56-426","metadata":false},{"id":77428,"structure_id":13245,"section_number":"56-426.1","catch_line":"Repealed","url":"\/56-426.1\/","token":"56\/13\/8\/56-426.1","metadata":false},{"id":86953,"structure_id":13245,"section_number":"56-427","catch_line":"Repealed","url":"\/56-427\/","token":"56\/13\/8\/56-427","metadata":false},{"id":69365,"structure_id":13245,"section_number":"56-428","catch_line":"Railroads liable for damage from fires set out by their engines or trains","url":"\/56-428\/","token":"56\/13\/8\/56-428","metadata":false},{"id":54246,"structure_id":13245,"section_number":"56-429","catch_line":"Company to erect fences along roadbed; cattle guards, etc","url":"\/56-429\/","token":"56\/13\/8\/56-429","metadata":false},{"id":65902,"structure_id":13245,"section_number":"56-430","catch_line":"Construction of \u00a7 56-429; burden of proof","url":"\/56-430\/","token":"56\/13\/8\/56-430","metadata":false},{"id":82858,"structure_id":13245,"section_number":"56-431","catch_line":"When company not liable for injury on enclosed track","url":"\/56-431\/","token":"56\/13\/8\/56-431","metadata":false},{"id":57346,"structure_id":13245,"section_number":"56-432","catch_line":"Liability for injury on track not enclosed","url":"\/56-432\/","token":"56\/13\/8\/56-432","metadata":false},{"id":62520,"structure_id":13245,"section_number":"56-433","catch_line":"Cattle guards; remedy of aggrieved landowner; penalty","url":"\/56-433\/","token":"56\/13\/8\/56-433","metadata":false},{"id":86507,"structure_id":13245,"section_number":"56-434","catch_line":"When cattle guards may be discontinued","url":"\/56-434\/","token":"56\/13\/8\/56-434","metadata":false},{"id":75434,"structure_id":13245,"section_number":"56-435","catch_line":"Appeal from general district court to circuit court in cattle-guard cases","url":"\/56-435\/","token":"56\/13\/8\/56-435","metadata":false},{"id":79641,"structure_id":13245,"section_number":"56-436","catch_line":"Board of appraisers to appraise injured or killed livestock; duty of appraisers","url":"\/56-436\/","token":"56\/13\/8\/56-436","metadata":false},{"id":73321,"structure_id":13245,"section_number":"56-437","catch_line":"Effect of appraisal in case of suit; costs","url":"\/56-437\/","token":"56\/13\/8\/56-437","metadata":false},{"id":61986,"structure_id":13245,"section_number":"56-438","catch_line":"Fee of appraisers","url":"\/56-438\/","token":"56\/13\/8\/56-438","metadata":false},{"id":72154,"structure_id":13245,"section_number":"56-439","catch_line":"Application of \u00a7\u00a7 56-436 through 56-438","url":"\/56-439\/","token":"56\/13\/8\/56-439","metadata":false},{"id":66242,"structure_id":13245,"section_number":"56-439.1","catch_line":"Notice of injury or death of certain livestock; penalty","url":"\/56-439.1\/","token":"56\/13\/8\/56-439.1","metadata":false},{"id":56074,"structure_id":13245,"section_number":"56-440","catch_line":"Penalty for failure to remove cause of complaint in cities or towns","url":"\/56-440\/","token":"56\/13\/8\/56-440","metadata":false}],"previous_section":{"id":79641,"structure_id":13245,"section_number":"56-436","catch_line":"Board of appraisers to appraise injured or killed livestock; duty of appraisers","url":"\/56-436\/","token":"56\/13\/8\/56-436","metadata":false},"next_section":{"id":61986,"structure_id":13245,"section_number":"56-438","catch_line":"Fee of appraisers","url":"\/56-438\/","token":"56\/13\/8\/56-438","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/56-437\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0352\">352<\/a>.<\/p>","references":false,"refers_to":[{"id":79641,"section_number":"56-436","catch_line":"Board of appraisers to appraise injured or killed livestock; duty of appraisers","order_by":null,"url":"\/56-436\/"}],"permalink":{"id":249781,"object_type":"law","relational_id":73321,"identifier":"56-437","token":"56\/13\/8\/56-437","url":"\/56-437\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/56-437\/","token":"56\/13\/8\/56-437","dublin_core":{"Title":"Effect of appraisal in case of suit; costs","Type":"Text","Format":"text\/html","Identifier":"\u00a7 56-437","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>If the <span class=\"dictionary\">railroad company<\/span> fails, for sixty days after such report is so returned to such clerk, to pay to the owner the full amount assessed by the board of appraisers under \u00a7&nbsp;<a class=\"law\" title=\"Board of appraisers to appraise injured or killed livestock; duty of appraisers\" href=\"\/56-436\/\">56-436<\/a>, and the cost attending the assessment, the owner shall have the right to institute suit on the original <span class=\"dictionary\">cause of action<\/span>. If, upon the <span class=\"dictionary\">trial<\/span>, he recovers a <span class=\"dictionary\">verdict<\/span> for an amount equal to or greater than the amount assessed in his favor by the board of appraisers, it shall be the duty of the <span class=\"dictionary\">court<\/span> to render <span class=\"dictionary\">judgment<\/span> in his favor for the amount of such <span class=\"dictionary\">verdict<\/span>, and costs of suit and, of such appraisement, and ten percent <span class=\"dictionary\">damages<\/span> in addition thereto. If the owner recovers less than the amount so assessed, <span class=\"dictionary\">judgment<\/span> shall be rendered in his favor for the amount of the <span class=\"dictionary\">verdict<\/span> and costs of suit and appraisement; but if the company has offered to pay the award, and the owner has refused to accept the same, and he recovers a <span class=\"dictionary\">verdict<\/span> for an amount less than such assessment, <span class=\"dictionary\">judgment<\/span> shall be rendered in his favor for the amount of his recovery, but the cost of the appraisement and action shall be taxed against him.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nEFFECT OF APPRAISAL IN CASE OF SUIT; COSTS (\u00a7 56-437)\n\nIf the railroad company fails, for sixty days after such report is so returned\nto such clerk, to pay to the owner the full amount assessed by the board of\nappraisers under \u00a7 56-436, and the cost attending the assessment, the owner\nshall have the right to institute suit on the original cause of action. If, upon\nthe trial, he recovers a verdict for an amount equal to or greater than the\namount assessed in his favor by the board of appraisers, it shall be the duty of\nthe court to render judgment in his favor for the amount of such verdict, and\ncosts of suit and, of such appraisement, and ten percent damages in addition\nthereto. If the owner recovers less than the amount so assessed, judgment shall\nbe rendered in his favor for the amount of the verdict and costs of suit and\nappraisement; but if the company has offered to pay the award, and the owner has\nrefused to accept the same, and he recovers a verdict for an amount less than\nsuch assessment, judgment shall be rendered in his favor for the amount of his\nrecovery, but the cost of the appraisement and action shall be taxed against\nhim.\n\nHISTORY: Code 1919, \u00a7 3995; 1994, c. 352.","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}}