                                 CODE OF VIRGINIA

EFFECT OF APPRAISAL IN CASE OF SUIT; COSTS (§ 56-437)

If the railroad company fails, for sixty days after such report is so returned
to such clerk, to pay to the owner the full amount assessed by the board of
appraisers under § 56-436, and the cost attending the assessment, the owner
shall have the right to institute suit on the original cause of action. If, upon
the trial, he recovers a verdict for an amount equal to or greater than the
amount assessed in his favor by the board of appraisers, it shall be the duty of
the court to render judgment in his favor for the amount of such verdict, and
costs of suit and, of such appraisement, and ten percent damages in addition
thereto. If the owner recovers less than the amount so assessed, judgment shall
be rendered in his favor for the amount of the verdict and costs of suit and
appraisement; but if the company has offered to pay the award, and the owner has
refused to accept the same, and he recovers a verdict for an amount less than
such assessment, judgment shall be rendered in his favor for the amount of his
recovery, but the cost of the appraisement and action shall be taxed against
him.

HISTORY: Code 1919, § 3995; 1994, c. 352.