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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>69653</law_id><section_number>33.2-1027</section_number><catch_line>Agreements as to compensation; petition and order of court thereon; disposition of deposit</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>17.1-275</reference><reference>33.2-1014</reference><reference>33.2-1015</reference><reference>33.2-1021</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="33.2">Highways and Other Surface Transportation Systems</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation</unit><unit label="chapter" level="3" order_by="1" identifier="10">Eminent Domain</unit><unit label="article" level="4" order_by="1" identifier="1">Eminent Domain and Damages</unit></structure><text>
						<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>.
		If 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 &#xA7;&#xA0;<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></text><history>Code 1950, &#xA7; 33-70.11; 1958, c. 581; 1970, c. 322, &#xA7; 33.1-129; 1993, c. 35; 2014, c. 805; 2015, c. 256.</history><metadata></metadata></law>
