2006 Code of Virginia § 33.1-129 - Agreements as to compensation; petition and order of court thereon; disposition of deposi...

33.1-129. Agreements as to compensation; petition and order of courtthereon; disposition of deposit.

At any time after the recordation of such certificate, but prior to theinstitution of condemnation proceedings, if the Commissioner and the owner,or owners of the land or interest therein taken or damaged are able to agreeas to compensation for the land taken and damages, if any, caused by suchtaking, the Commissioner shall file with the court a petition so stating,with a copy of the agreement attached. If condemnation proceedings arealready pending at the time of reaching such agreement, no such petitionshall be required, but the motion for dismissal of such proceedings shallcontain an averment that such agreement has been reached. Upon the filing ofsuch a petition, or a motion to dismiss, as herein provided, the court shallthereupon enter an order confirming absolute and indefeasible title to theland or interest therein in the Commonwealth. Such order shall be spread inthe current deed book. Upon entry of such order, the Commissioner and StateTreasurer shall be relieved of further obligation by virtue of having filedsuch certificate of deposit with the court.

If it shall appear from such petition and agreement, or motion to dismiss apending suit, that no person or persons other than those executing suchagreement are entitled to the fund on deposit, the court shall direct thatsuch fund, after payment therefrom of any taxes which may be charged againstsuch land taken, be disbursed and distributed in accordance with thestatement or charge in the petition, or motion, among the parties or personsentitled thereto. If it shall appear that a controversy exists as to thepersons entitled to such fund, such distribution shall be made in accordancewith the provisions of 33.1-124.

(Code 1950, 33-70.11; 1958, c. 581; 1970, c. 322; 1993, c. 35.)