§ 15.2-1916. Right to pay compensation into court and take possession andoperate.
A. Notwithstanding any exceptions that may be filed to the report of the bodydetermining just compensation or the pendency of proceedings on theexceptions, or any appeal or writ of error that may be contemplated or may bepending, or the pendency of any other matters in such proceedings, any suchcity or county shall have the right at any time pending such proceedings,after the filing of the report of the body determining just compensation, topay into court the amount of the award fixed by the report and takepossession of and operate the property sought to be condemned and embraced insuch report, and to enlarge the works taken and construct additional works onany property taken and to make any needed repairs to or replacements, orsubstitutions with respect to the works or any part thereof. No court orjudge shall enter any order or decree restraining, prohibiting or enjoiningany such city or county from taking such possession of any such waterworks orother property embraced in the report of the body determining justcompensation, or from operating same or making replacements, repairs,betterments or additions thereto.
B. If such money is paid and possession taken within 90 days of the time ofthe filing of the report of the body determining just compensation, nointerest on the amount of the award, or any part thereof, shall be allowableto the defendant or defendants, and if such money is paid and possessiontaken after the lapse of more than 90 days from the date of the filing of thereport of the body determining just compensation, the court, upon hearingafter due notice, shall adjudicate all claims made by the defendant ordefendants for damages claimed to have been sustained and for interest on thevalue of the property taken, and for additions thereto or replacements duringor for the time elapsed since the expiration of the 90 days. If the propertytaken, or any part thereof, be income producing the court shall take intoconsideration any income accruing to the property owner during such period,and shall also take into consideration depreciation of an operating watersystem as well as the cost of additions, betterments, and replacements madeby the city or county. If the court finds that the property owner is entitledto receive any additional payment by reason of such matters, it shall renderjudgment against the city or county for the amount thereof.
(1938, p. 50; Michie Code 1942, § 4387a; Code 1950, § 25-55; 2003, c. 940.)
§ 15.2-1916. Right to pay compensation into court and take possession andoperate.
A. Notwithstanding any exceptions that may be filed to the report of the bodydetermining just compensation or the pendency of proceedings on theexceptions, or any appeal or writ of error that may be contemplated or may bepending, or the pendency of any other matters in such proceedings, any suchcity or county shall have the right at any time pending such proceedings,after the filing of the report of the body determining just compensation, topay into court the amount of the award fixed by the report and takepossession of and operate the property sought to be condemned and embraced insuch report, and to enlarge the works taken and construct additional works onany property taken and to make any needed repairs to or replacements, orsubstitutions with respect to the works or any part thereof. No court orjudge shall enter any order or decree restraining, prohibiting or enjoiningany such city or county from taking such possession of any such waterworks orother property embraced in the report of the body determining justcompensation, or from operating same or making replacements, repairs,betterments or additions thereto.
B. If such money is paid and possession taken within 90 days of the time ofthe filing of the report of the body determining just compensation, nointerest on the amount of the award, or any part thereof, shall be allowableto the defendant or defendants, and if such money is paid and possessiontaken after the lapse of more than 90 days from the date of the filing of thereport of the body determining just compensation, the court, upon hearingafter due notice, shall adjudicate all claims made by the defendant ordefendants for damages claimed to have been sustained and for interest on thevalue of the property taken, and for additions thereto or replacements duringor for the time elapsed since the expiration of the 90 days. If the propertytaken, or any part thereof, be income producing the court shall take intoconsideration any income accruing to the property owner during such period,and shall also take into consideration depreciation of an operating watersystem as well as the cost of additions, betterments, and replacements madeby the city or county. If the court finds that the property owner is entitledto receive any additional payment by reason of such matters, it shall renderjudgment against the city or county for the amount thereof.
(1938, p. 50; Michie Code 1942, § 4387a; Code 1950, § 25-55; 2003, c. 940.)
§ 15.2-1916. Right to pay compensation into court and take possession andoperate.
A. Notwithstanding any exceptions that may be filed to the report of the bodydetermining just compensation or the pendency of proceedings on theexceptions, or any appeal or writ of error that may be contemplated or may bepending, or the pendency of any other matters in such proceedings, any suchcity or county shall have the right at any time pending such proceedings,after the filing of the report of the body determining just compensation, topay into court the amount of the award fixed by the report and takepossession of and operate the property sought to be condemned and embraced insuch report, and to enlarge the works taken and construct additional works onany property taken and to make any needed repairs to or replacements, orsubstitutions with respect to the works or any part thereof. No court orjudge shall enter any order or decree restraining, prohibiting or enjoiningany such city or county from taking such possession of any such waterworks orother property embraced in the report of the body determining justcompensation, or from operating same or making replacements, repairs,betterments or additions thereto.
B. If such money is paid and possession taken within 90 days of the time ofthe filing of the report of the body determining just compensation, nointerest on the amount of the award, or any part thereof, shall be allowableto the defendant or defendants, and if such money is paid and possessiontaken after the lapse of more than 90 days from the date of the filing of thereport of the body determining just compensation, the court, upon hearingafter due notice, shall adjudicate all claims made by the defendant ordefendants for damages claimed to have been sustained and for interest on thevalue of the property taken, and for additions thereto or replacements duringor for the time elapsed since the expiration of the 90 days. If the propertytaken, or any part thereof, be income producing the court shall take intoconsideration any income accruing to the property owner during such period,and shall also take into consideration depreciation of an operating watersystem as well as the cost of additions, betterments, and replacements madeby the city or county. If the court finds that the property owner is entitledto receive any additional payment by reason of such matters, it shall renderjudgment against the city or county for the amount thereof.
(1938, p. 50; Michie Code 1942, § 4387a; Code 1950, § 25-55; 2003, c. 940.)
