                                 CODE OF VIRGINIA

APPOINTMENT OF OTHER BODY TO DETERMINE JUST COMPENSATION WHEN NEW TRIAL ORDERED;
COSTS OF NEW TRIAL (§ 25.1-242)

A. If (i) the body determining just compensation fails to report its award of
just compensation within a reasonable time after the issue of just compensation
is submitted to it; (ii) the body determining just compensation reports that it
is unable to make such award; (iii) the body&#8217;s report is set aside; or
(iv) a final order upon its report has been set aside upon appeal and a new
trial ordered, the court 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.

B. If a new trial of the issue of just compensation is ordered, either in the
trial court or upon appeal, upon an exception by an owner 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 court shall (i) tax all the costs of the new trial against the
owner making such exception and (ii) order repayment to the petitioner of any
sum paid to such owner out of the fund paid into court by the petitioner in
excess of the total sum ascertained by the second report with interest thereon
from the date the original payment was made to such owner until the date such
excess is repaid to the petitioner. 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&#8217;s primary liquidity portfolio rate, compiled
by the Department of the Treasury for the month in which the original payment
was made to such owner.

C. If such owner fails to make such repayment within 30 days from the date of
the entry of such order, the court shall enter judgment therefor against such
owner.

HISTORY: Code 1919, §§ 4372, 4387; 1934, p. 514; Code 1950, §§ 25-22, 25-24;
1962, c. 426, § 25-46.29; 1970, c. 308; 1981, c. 476; 1991, c. 520; 2000, c.
1029; 2003, c. 940.