                                 CODE OF VIRGINIA

PENDENCY OF ESCHEAT PROCEEDINGS NO BAR TO CONDEMNATION PROCEEDINGS (§
55.1-2441)

Notwithstanding any provision contained in this chapter, the Commissioner of
Highways or any locality or other political subdivision or agency of the
Commonwealth possessing the power of eminent domain, for a public purpose in
accordance with the law and notwithstanding the pendency of any proceeding
brought for the escheat of any land wanted and needed by such Commissioner of
Highways or such locality or other political subdivision or agency of the
Commonwealth for such purpose, may institute, maintain, and conduct to final
judgment condemnation proceedings to acquire in fee simple such land or such
lesser estate, title, or interest therein as is wanted and needed for such
public purpose, provided, however, that the escheator in whose name such escheat
proceedings is pending and the Commonwealth are made codefendants to such
condemnation proceedings, together with the owner, if known, of the land
proposed to be condemned in such proceeding. The pendency of such escheat
proceedings shall not constitute a bar or defense to such condemnation
proceedings, nor to any proceeding therein seeking a right of entry as provided
in § 25.1-223, in Chapter 3 (§ 25.1-300 et seq.) of Title 25.1, or in Article
1 (§ 33.2-1000 et seq.) of Chapter 10 of Title 33.2. No escheator, after being
served with notice of the filing of any such condemnation proceeding, shall sell
or dispose of any land sought to be acquired in such condemnation proceeding
except upon order entered by the court in which such condemnation proceeding is
pending. The funds paid into court as compensation or damages for the land so
taken or damaged shall, after payment of taxes and other claims constituting
valid liens against the land so taken, be ordered distributed to the party
entitled thereto or be ordered paid to the escheator of such land, or to the
State Treasurer, as the court may direct.

HISTORY: 1968, c. 699, § 55-201.1; 2003, c. 940; 2019, c. 712.