§ 33.1-240. Who shall pay costs, compensation and damages
When the road or bridge is established or altered the county shall be chargeable with the compensation and damages to the proprietor or tenant and all costs incurred in the proceedings; provided, however, that when the record shows that the sum allowed by the circuit court on appeal, as compensation and damages to any proprietor or tenant, is not more than the amount allowed him by the board of supervisors or other governing body from whose decision the appeal was taken, such proprietor or tenant shall be adjudged to pay the costs occasioned by such appeal. When the board of supervisors or other governing body decides against the application to establish or alter a road or bridge, the applicant shall pay the costs incurred in the case, except the compensation of the viewers.
But when it shall appear to the board of supervisors or other governing body that the opening and establishing or altering of such road will be for mere private convenience, then the board of supervisors or other governing body may order the same upon condition that such applicant pay, in whole or in part, the compensation and damages to the proprietor or tenant and the costs of the proceedings and keep the road in order. In any such case the road shall not be opened and established or altered until such compensation and damages and costs shall have been first paid or the written consent of the proprietor or tenant given.
(Code 1950, § 33-153; 1964, c. 565; 1970, c. 322.)
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