                                 CODE OF VIRGINIA

RESTORATION OF PROPERTY TO OWNER OR OPERATOR (§ 45.2-615)

A. Whenever (i) the owner or operator engaged in the business of the mining,
production, or marketing of coal whose property has been acquired by the
Commission notifies the Commission in writing that he can and will resume
operation and render normal service, and satisfies the Commission of the
correctness of such notice, or (ii) in the judgment of the Governor, the
emergency declared by him no longer exists, the Commission shall restore the
possession of the property so acquired by it to such owner or operator upon his
request. In the event the Commission refuses such restoration of possession, the
owner or operator shall have the right to have a ruling issued requiring the
Commission to show cause why such possession shall not be restored, and the
court shall determine the matter as provided in this section.

B. Any such owner or operator shall be entitled to receive reasonable, proper,
and lawful compensation for the use of the property acquired by the Commonwealth
pursuant to this article and shall be paid such compensation out of the state
treasury. In the event the Commission has acquired such property by purchase,
the owner or operator from whom it was acquired shall, upon reacquisition, repay
the purchase price less fair compensation for the use of such property. In the
event the Commission and the owner or operator are unable to agree upon the
amount of such compensation, either party in interest may file a petition in the
circuit court for the county or city in which the property is located for the
purpose of having the amount of compensation judicially determined. The court
shall, without a jury, hear such evidence and argument of counsel as it deems
appropriate and (i) render judgment thereon or (ii) refer to a commissioner such
questions as are considered proper and act upon the commissioner&#8217;s report
as in any other civil proceeding. An appeal shall lie to the Court of Appeals
from any final judgment of the court rendered upon the provisions of this
article.

HISTORY: Code 1950, § 45-153; 1950, p. 32; 1966, c. 594, § 45.1-153; 1994, c.
28, § 45.1-161.322; 2021, Sp. Sess. I, cc. 387, 489.