2006 Code of Virginia § 55-201.1 - Pendency of escheat proceedings no bar to condemnation proceedings
55-201.1. Pendency of escheat proceedings no bar to condemnationproceedings.
Notwithstanding any provision contained in this chapter, the CommonwealthTransportation Commissioner or any city, town, county or other politicalsubdivision or agency of this Commonwealth possessing the power of eminentdomain may, for any public purpose and notwithstanding the pendency of anyproceeding brought for the escheat of any land wanted and needed by suchCommonwealth Transportation Commissioner or such city, town, county or otherpolitical subdivision or agency of this Commonwealth for such purpose,institute, maintain and conduct to final judgment condemnation proceedings toacquire in fee simple such land or such lesser estate, title or interesttherein as is wanted and needed for such public purpose, provided, however,that the escheator in whose name such escheat proceedings be pending and theCommonwealth of Virginia be made codefendants to such condemnationproceedings, together with the owner or owners, if known, of the landproposed to be condemned in such proceeding. The pendency of such escheatproceedings shall not constitute a bar or defense to such condemnationproceedings, nor to any proceeding therein seeking a right of entry asprovided in 25.1-223, in Chapter 3 ( 25.1-300 et seq.) of Title 25.1, orin Article 7 ( 33.1-89 et seq.) of Chapter 1 of Title 33.1. No escheator,after being served with notice of the filing of any such condemnationproceeding, shall sell or dispose of any land sought to be acquired in suchcondemnation proceeding except upon order entered by the court in which suchcondemnation proceeding is pending. The funds paid into court as compensationand/or damages for the land so taken or damaged shall, after payment of taxesand other claims constituting valid liens against the land so taken, beordered distributed to the party or parties entitled thereto or be orderedpaid to the escheator of said land, or to the State Treasurer, as the court,in its discretion, shall direct.
(1968, c. 699; 2003, c. 940.)
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