                                 CODE OF VIRGINIA

CONDITIONS UPON ENTRY; BONDING; WITHDRAWAL OF SHARE BY OWNER (§ 25.1-224)

A. The court, after 21 days following service of the petitioner&#8217;s
application, and after a hearing thereon, may approve the petitioner&#8217;s
application if it finds that:

   1. A public necessity or an essential public convenience requires such entry
   for such purposes;

   2. An emergency exists justifying such entry before the time when just
   compensation can be determined and the amount so determined paid into court;
   and

   3. The interests of the owners of such property will be adequately protected
   by (i) the payment into court for the benefit of the owners of the amount of
   the offer made in accordance with &#xA7; 25.1-204 or (ii) if no offer is
   required by that section, by the payment into the court of the amount of a
   good faith estimate of the value of the property.

B. In addition, the court may require the petitioner to give a surety bond in an
amount and with such surety as the court may determine.

C. Upon such findings and payment and the giving of such bond, if any is
required, with surety in the office of the clerk or with the court, conditioned
as required by law and to the effect that the petitioner and its surety or
sureties are bound to the owners of the property to be taken or damaged to
secure to each of them payment of just compensation therefor as finally
determined in the condemnation proceedings, the petitioner shall have the right
to enter and construct its works or improvements upon or through the property as
described in its petition.

D. At any time after such payment into court, a party whose property or interest
therein is to be taken or damaged may apply to the court for the withdrawal of
his share thereof in the manner provided in &#xA7; 25.1-243.

E. The clerk shall deposit the funds so paid to the credit of the court in an
account of a type that bears interest.

F. At any time during the condemnation proceedings, if it appears necessary to
do so in order to protect the owners of the property or estate or interest
therein to be condemned and assure unto them the payment of just compensation to
which they are entitled, the court may require the petitioner to give a new and
additional bond in an amount and with sureties satisfactory to the court.

HISTORY: Code 1919, § 4362; 1924, p. 60; Code 1950, §§ 25-3, 25-4; 1962, c.
426, § 25-46.8; 1977, c. 394; 1979, c. 494; 2003, c. 940.