§ 33.1-124. Proceedings for distribution of funds; effect of acceptance of payments; evidence as to amount of d...
A. Any person or persons shown by a certificate to be entitled thereto may petition the court for the distribution of all or any part of the funds deposited with the court pursuant to subdivision A 1 of § 33.1-120 or represented by a certificate of deposit filed pursuant to subdivision A 2 of § 33.1-120.
B. A copy of such petition shall be served on the Commonwealth Transportation Commissioner, his deputy or any attorney authorized to accept service with a notice returnable to the court or judge not less than 21 days after such service, to show cause, if any, the Commissioner can, why such amount should not be distributed in accordance with the prayers of the petition.
C. If the Commissioner does not, on or before the return day of the petition, show such cause, and if the record in the proceeding does not disclose any denial or dispute with respect thereto, the court shall enter an order directing the distribution of such amount in accordance with the prayers of the petition. However, in the case of a nonresident petitioner the court may in its discretion require a bond before ordering the distribution.
D. If funds have been deposited with the court pursuant to subdivision A 1 of § 33.1-120, any interest that has accrued on the funds shall be payable to the person or persons entitled to receive such funds.
E. If funds are not then on deposit with the court but are represented by a certificate of deposit filed pursuant to subdivision A 2 of § 33.1-120, a certified copy of such order shall forthwith be sent to the Commissioner by the clerk. It shall be the duty of the Commissioner to deposit such funds with the court within 21 days of the date of such order.
F. Interest shall be payable on funds represented by a certificate of deposit from the date of filing of the certificate of deposit until the funds are paid into court at the rate of interest established pursuant to § 6621 (a) (2) of the Internal Revenue Code (as such section may be amended from time to time) for the month in which the order pursuant to this section is entered. However, interest shall not accrue if an injunction is filed against the Department of Transportation that enjoins the taking of the property described in the certificate.
G. If the Commissioner shows such cause, or if the record in the proceeding discloses any denial or dispute as to the persons entitled to such distribution or to any interest or share therein, the court shall direct such proceedings as are provided by § 25.1-240 for the distribution of awards.
H. However, the acceptance of such payment shall not limit the amount to be allowed by a commissioner in a condemnation proceeding, nor limit the rights of any party or parties to the proceeding to appeal from any decision therein; nor shall any party to such proceeding be entitled to introduce evidence of any amount deposited with the court or represented by a certificate, nor of any amount which has been accepted by any party entitled thereto pursuant to this section.
(Code 1950, § 33-70.6; 1958, c. 581; 1964, c. 487; 1968, c. 232; 1970, c. 322; 1972, c. 765; 1985, c. 594; 1987, c. 641; 1994, c. 584; 2003, cc. 19, 47, 940.)
Sections: Previous 33.1-117 33.1-118 33.1-119 33.1-120 33.1-121 33.1-122 33.1-123 33.1-124 33.1-125 33.1-126 33.1-127 33.1-128 33.1-129 33.1-130 33.1-131 NextLast modified: April 16, 2009