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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>85598</law_id><section_number>25.1-244</section_number><catch_line>Interest on award; entry of judgment for award and interest</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 the <span class="dictionary">petitioner</span> has exercised <span class="dictionary">pendente lite</span> the right to enter into and take <span class="dictionary">possession</span> of the <span class="dictionary">land</span> or other <span class="dictionary">property</span>, in the manner provided by this chapter, upon the payment into <span class="dictionary">court</span> of the sum ascertained in the report of just compensation as provided in &#xA7; <a class="law" title="Petitioner may begin work during pendency of proceedings; injunction prohibited" href="/25.1-238/">25.1-238</a>, the <span class="dictionary">owner</span> thereof shall receive interest upon the difference between (i) the amount of just compensation as finally determined and awarded to such <span class="dictionary">owner</span> and (ii) the amount, if any, that such <span class="dictionary">owner</span> received or was entitled to receive from the fund so paid into <span class="dictionary">court</span>. Such interest shall be paid for the period from the time of such entry by the <span class="dictionary">petitioner</span> until the time the fund paid into <span class="dictionary">court</span> on account of the final award of just compensation to such <span class="dictionary">owner</span> is available for distribution. Interest accruing 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 not less than the <span class="dictionary">judgment</span> rate of interest as set forth in &#xA7; <a class="law" title="Verdict, judgment or decree to fix period at which interest begins; final order; judgment or decree for interest" href="/8.01-382/">8.01-382</a>, compounded daily. No interest shall be payable upon any amount that was withheld from such <span class="dictionary">owner</span> on account of questions involving his right, title, interest or estate in the <span class="dictionary">land</span> or other <span class="dictionary">property</span> taken or damaged. <a id="paragraph-306637" class="section-permalink" href="https://vacode.org/25.1-244/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> If the <span class="dictionary">petitioner</span> has exercised the right <span class="dictionary">pendente lite</span> to enter into and take <span class="dictionary">possession</span> of the <span class="dictionary">land</span> or other <span class="dictionary">property</span> to be taken or damaged as provided in &#xA7; <a class="law" title="Conditions upon entry; bonding; withdrawal of share by owner" href="/25.1-224/">25.1-224</a>, the <span class="dictionary">owner</span> thereof shall receive, in addition to the amount that he is entitled to receive under subsection A, interest at not less than the <span class="dictionary">judgment</span> rate of interest as set forth in &#xA7; <a class="law" title="Verdict, judgment or decree to fix period at which interest begins; final order; judgment or decree for interest" href="/8.01-382/">8.01-382</a>, compounded daily upon the difference between (i) the amount of the award of just compensation as finally determined and (ii) the amount previously paid into <span class="dictionary">court</span> as required under &#xA7; <a class="law" title="Conditions upon entry; bonding; withdrawal of share by owner" href="/25.1-224/">25.1-224</a>. Such interest shall be paid for the period from the time of such entry until payment into <span class="dictionary">court</span> of the sum ascertained in the report of just compensation as provided in &#xA7; <a class="law" title="Payment of compensation and damages into court; vesting of title" href="/25.1-237/">25.1-237</a>. <a id="paragraph-306638" class="section-permalink" href="https://vacode.org/25.1-244/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> No interest shall be allowed during the time any distribution of the fund paid into <span class="dictionary">court</span> was delayed in the <span class="dictionary">trial</span> <span class="dictionary">court</span> or upon <span class="dictionary">appeal</span>, or thereafter, occasioned by any exceptions made by such <span class="dictionary">owner</span> that are not sustained in whole or in part. <a id="paragraph-306639" class="section-permalink" href="https://vacode.org/25.1-244/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> If the <span class="dictionary">petitioner</span> fails to pay into <span class="dictionary">court</span> any sum necessary for paying the total award that has been confirmed finally or the interest to which the <span class="dictionary">owner</span> is entitled under this section for a period of 30 days after the time for noting an <span class="dictionary">appeal</span>, the <span class="dictionary">court</span> shall enter <span class="dictionary">judgment</span> therefor against the <span class="dictionary">petitioner</span>, unless the proceedings have been dismissed in accordance with the provisions of Article 8 (&#xA7; <a class="law" title="Dismissal of proceedings prior to trial on issue of just compensation" href="/25.1-248/">25.1-248</a> et seq.) of this chapter. <a id="paragraph-306640" class="section-permalink" href="https://vacode.org/25.1-244/#D"><i class="fa fa-link"/></a></p></section>
						<section id="E"><p><span class="prefix-number">E.</span> Interest allowable under the provisions of this section shall be reduced to the extent the fund has accrued interest during the pendency of the suit in the account required by &#xA7; <a class="law" title="Conditions upon entry; bonding; withdrawal of share by owner" href="/25.1-224/">25.1-224</a>. <a id="paragraph-306641" class="section-permalink" href="https://vacode.org/25.1-244/#E"><i class="fa fa-link"/></a></p></section></text><history>1962, c. 426, &#xA7; 25-46.31; 1970, c. 308; 1979, c. 494; 1981, c. 476; 2003, c. 940; 2017, c. 710; 2025, c. 617.</history><metadata></metadata></law>
