Code of Virginia - Title 56 Public Service Companies - Section 56-437 Effect of appraisal in case of suit; costs

§ 56-437. Effect of appraisal in case of suit; costs

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.

(Code 1919, § 3995; 1994, c. 352.)

Sections:  Previous  56-430  56-431  56-432  56-433  56-434  56-435  56-436  56-437  56-438  56-439  56-439.1  56-440  56-441  56-442  56-445  Next

Last modified: April 16, 2009