§ 25.1-242. Appointment of other body to determine just compensation when newtrial ordered; costs of new trial.
A. If (i) the body determining just compensation fails to report its award ofjust compensation within a reasonable time after the issue of justcompensation is submitted to it; (ii) the body determining just compensationreports that it is unable to make such award; (iii) the body's report is setaside; or (iv) a final order upon its report has been set aside upon appealand a new trial ordered, the court shall, without further notice, as often asseems to it proper, appoint another body to determine just compensation ofthe same type as the preceding body, and the matter shall proceed asprescribed in this chapter.
B. If a new trial of the issue of just compensation is ordered, either in thetrial court or upon appeal, upon an exception by an owner with respect to theinsufficiency of the award of just compensation, and the subsequent report ofthe award of just compensation, which is confirmed, is for the same or alesser total amount, the court shall (i) tax all the costs of the new trialagainst the owner making such exception and (ii) order repayment to thepetitioner of any sum paid to such owner out of the fund paid into court bythe petitioner in excess of the total sum ascertained by the second reportwith interest thereon from the date the original payment was made to suchowner until the date such excess is repaid to the petitioner. Interestaccruing thereon prior to July 1, 1970, shall be paid at the rate of fivepercent annually; interest accruing thereafter and prior to July 1, 1981,shall be paid at the rate of six percent annually; interest accruingthereafter and prior to July 1, 2003, shall be paid at the rate of eightpercent annually; and interest accruing thereafter shall be paid at thegeneral account's primary liquidity portfolio rate, compiled by theDepartment of the Treasury for the month in which the original payment wasmade to such owner.
C. If such owner fails to make such repayment within 30 days from the date ofthe entry of such order, the court shall enter judgment therefor against suchowner.
(Code 1919, §§ 4372, 4387; 1934, p. 514; Code 1950, §§ 25-22, 25-24; 1962, c.426, § 25-46.29; 1970, c. 308; 1981, c. 476; 1991, c. 520; 2000, c. 1029;2003, c. 940.)
§ 25.1-242. Appointment of other body to determine just compensation when newtrial ordered; costs of new trial.
A. If (i) the body determining just compensation fails to report its award ofjust compensation within a reasonable time after the issue of justcompensation is submitted to it; (ii) the body determining just compensationreports that it is unable to make such award; (iii) the body's report is setaside; or (iv) a final order upon its report has been set aside upon appealand a new trial ordered, the court shall, without further notice, as often asseems to it proper, appoint another body to determine just compensation ofthe same type as the preceding body, and the matter shall proceed asprescribed in this chapter.
B. If a new trial of the issue of just compensation is ordered, either in thetrial court or upon appeal, upon an exception by an owner with respect to theinsufficiency of the award of just compensation, and the subsequent report ofthe award of just compensation, which is confirmed, is for the same or alesser total amount, the court shall (i) tax all the costs of the new trialagainst the owner making such exception and (ii) order repayment to thepetitioner of any sum paid to such owner out of the fund paid into court bythe petitioner in excess of the total sum ascertained by the second reportwith interest thereon from the date the original payment was made to suchowner until the date such excess is repaid to the petitioner. Interestaccruing thereon prior to July 1, 1970, shall be paid at the rate of fivepercent annually; interest accruing thereafter and prior to July 1, 1981,shall be paid at the rate of six percent annually; interest accruingthereafter and prior to July 1, 2003, shall be paid at the rate of eightpercent annually; and interest accruing thereafter shall be paid at thegeneral account's primary liquidity portfolio rate, compiled by theDepartment of the Treasury for the month in which the original payment wasmade to such owner.
C. If such owner fails to make such repayment within 30 days from the date ofthe entry of such order, the court shall enter judgment therefor against suchowner.
(Code 1919, §§ 4372, 4387; 1934, p. 514; Code 1950, §§ 25-22, 25-24; 1962, c.426, § 25-46.29; 1970, c. 308; 1981, c. 476; 1991, c. 520; 2000, c. 1029;2003, c. 940.)
§ 25.1-242. Appointment of other body to determine just compensation when newtrial ordered; costs of new trial.
A. If (i) the body determining just compensation fails to report its award ofjust compensation within a reasonable time after the issue of justcompensation is submitted to it; (ii) the body determining just compensationreports that it is unable to make such award; (iii) the body's report is setaside; or (iv) a final order upon its report has been set aside upon appealand a new trial ordered, the court shall, without further notice, as often asseems to it proper, appoint another body to determine just compensation ofthe same type as the preceding body, and the matter shall proceed asprescribed in this chapter.
B. If a new trial of the issue of just compensation is ordered, either in thetrial court or upon appeal, upon an exception by an owner with respect to theinsufficiency of the award of just compensation, and the subsequent report ofthe award of just compensation, which is confirmed, is for the same or alesser total amount, the court shall (i) tax all the costs of the new trialagainst the owner making such exception and (ii) order repayment to thepetitioner of any sum paid to such owner out of the fund paid into court bythe petitioner in excess of the total sum ascertained by the second reportwith interest thereon from the date the original payment was made to suchowner until the date such excess is repaid to the petitioner. Interestaccruing thereon prior to July 1, 1970, shall be paid at the rate of fivepercent annually; interest accruing thereafter and prior to July 1, 1981,shall be paid at the rate of six percent annually; interest accruingthereafter and prior to July 1, 2003, shall be paid at the rate of eightpercent annually; and interest accruing thereafter shall be paid at thegeneral account's primary liquidity portfolio rate, compiled by theDepartment of the Treasury for the month in which the original payment wasmade to such owner.
C. If such owner fails to make such repayment within 30 days from the date ofthe entry of such order, the court shall enter judgment therefor against suchowner.
(Code 1919, §§ 4372, 4387; 1934, p. 514; Code 1950, §§ 25-22, 25-24; 1962, c.426, § 25-46.29; 1970, c. 308; 1981, c. 476; 1991, c. 520; 2000, c. 1029;2003, c. 940.)
