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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>59333</law_id><section_number>25.1-242</section_number><catch_line>Appointment of other body to determine just compensation when new trial ordered; costs of new trial</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="25.1">Eminent Domain</unit><unit label="chapter" level="2" order_by="1" identifier="2">Condemnation Procedures</unit><unit label="article" level="3" order_by="1" identifier="7">Judgment and Post-Judgment Procedure</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> If (i) the <span class="dictionary">body determining just compensation</span> fails to report its award of just compensation within a reasonable time after the <span class="dictionary">issue</span> of just compensation is submitted to it; (ii) the <span class="dictionary">body determining just compensation</span> reports that it is unable to make such award; (iii) the body&#x2019;s report is set aside; or (iv) a <span class="dictionary">final order</span> upon its report has been set aside upon <span class="dictionary">appeal</span> and a new <span class="dictionary">trial</span> ordered, the <span class="dictionary">court</span> shall, without further notice, as often as seems to it proper, appoint another body to determine just compensation of the same type as the preceding body, and the matter shall proceed as prescribed in this chapter. <a id="paragraph-217495" class="section-permalink" href="https://vacode.org/25.1-242/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> If a new <span class="dictionary">trial</span> of the <span class="dictionary">issue</span> of just compensation is ordered, either in the <span class="dictionary">trial</span> <span class="dictionary">court</span> or upon <span class="dictionary">appeal</span>, upon an exception by an <span class="dictionary">owner</span> with respect to the insufficiency of the award of just compensation, and the subsequent report of the award of just compensation, which is confirmed, is for the same or a lesser total amount, the <span class="dictionary">court</span> shall (i) tax all the costs of the new <span class="dictionary">trial</span> against the <span class="dictionary">owner</span> making such exception and (ii) order repayment to the <span class="dictionary">petitioner</span> of any sum paid to such <span class="dictionary">owner</span> out of the fund paid into <span class="dictionary">court</span> by the <span class="dictionary">petitioner</span> in excess of the total sum ascertained by the second report with interest thereon from the date the original payment was made to such <span class="dictionary">owner</span> until the date such excess is repaid to the <span class="dictionary">petitioner</span>. Interest accruing thereon prior to July 1, 1970, shall be paid at the rate of five percent annually; interest accruing thereafter and prior to July 1, 1981, shall be paid at the rate of six percent annually; interest accruing thereafter and prior to July 1, 2003, shall be paid at the rate of eight percent annually; and interest accruing thereafter shall be paid at the general account&#x2019;s primary liquidity portfolio rate, compiled by the Department of the Treasury for the month in which the original payment was made to such <span class="dictionary">owner</span>. <a id="paragraph-217496" class="section-permalink" href="https://vacode.org/25.1-242/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> If such <span class="dictionary">owner</span> fails to make such repayment within 30 days from the date of the entry of such order, the <span class="dictionary">court</span> shall enter <span class="dictionary">judgment</span> therefor against such <span class="dictionary">owner</span>. <a id="paragraph-217497" class="section-permalink" href="https://vacode.org/25.1-242/#C"><i class="fa fa-link"/></a></p></section></text><history>Code 1919, &#xA7;&#xA7; 4372, 4387; 1934, p. 514; Code 1950, &#xA7;&#xA7; 25-22, 25-24; 1962, c. 426, &#xA7; 25-46.29; 1970, c. 308; 1981, c. 476; 1991, c. 520; 2000, c. 1029; 2003, c. 940.</history><metadata></metadata></law>
