§ 33.1-124. Proceedings for distribution of funds; effect of acceptance ofpayments; evidence as to amount of deposit or certificate.
A. Any person or persons shown by a certificate to be entitled thereto maypetition the court for the distribution of all or any part of the fundsdeposited with the court pursuant to subdivision A 1 of § 33.1-120 orrepresented 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 TransportationCommissioner, his deputy or any attorney authorized to accept service with anotice returnable to the court or judge not less than 21 days after suchservice, to show cause, if any, the Commissioner can, why such amount shouldnot 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 anydenial or dispute with respect thereto, the court shall enter an orderdirecting the distribution of such amount in accordance with the prayers ofthe petition. However, in the case of a nonresident petitioner the court mayin 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 tothe person or persons entitled to receive such funds.
E. If funds are not then on deposit with the court but are represented by acertificate of deposit filed pursuant to subdivision A 2 of § 33.1-120, acertified copy of such order shall forthwith be sent to the Commissioner bythe clerk. It shall be the duty of the Commissioner to deposit such fundswith the court within 21 days of the date of such order.
F. Interest shall be payable on funds represented by a certificate of depositfrom the date of filing of the certificate of deposit until the funds arepaid 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 totime) for the month in which the order pursuant to this section is entered.However, interest shall not accrue if an injunction is filed against theDepartment of Transportation that enjoins the taking of the propertydescribed in the certificate.
G. If the Commissioner shows such cause, or if the record in the proceedingdiscloses any denial or dispute as to the persons entitled to suchdistribution or to any interest or share therein, the court shall direct suchproceedings 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 beallowed by a commissioner in a condemnation proceeding, nor limit the rightsof any party or parties to the proceeding to appeal from any decisiontherein; nor shall any party to such proceeding be entitled to introduceevidence of any amount deposited with the court or represented by acertificate, nor of any amount which has been accepted by any party entitledthereto 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.)
§ 33.1-124. Proceedings for distribution of funds; effect of acceptance ofpayments; evidence as to amount of deposit or certificate.
A. Any person or persons shown by a certificate to be entitled thereto maypetition the court for the distribution of all or any part of the fundsdeposited with the court pursuant to subdivision A 1 of § 33.1-120 orrepresented 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 TransportationCommissioner, his deputy or any attorney authorized to accept service with anotice returnable to the court or judge not less than 21 days after suchservice, to show cause, if any, the Commissioner can, why such amount shouldnot 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 anydenial or dispute with respect thereto, the court shall enter an orderdirecting the distribution of such amount in accordance with the prayers ofthe petition. However, in the case of a nonresident petitioner the court mayin 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 tothe person or persons entitled to receive such funds.
E. If funds are not then on deposit with the court but are represented by acertificate of deposit filed pursuant to subdivision A 2 of § 33.1-120, acertified copy of such order shall forthwith be sent to the Commissioner bythe clerk. It shall be the duty of the Commissioner to deposit such fundswith the court within 21 days of the date of such order.
F. Interest shall be payable on funds represented by a certificate of depositfrom the date of filing of the certificate of deposit until the funds arepaid 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 totime) for the month in which the order pursuant to this section is entered.However, interest shall not accrue if an injunction is filed against theDepartment of Transportation that enjoins the taking of the propertydescribed in the certificate.
G. If the Commissioner shows such cause, or if the record in the proceedingdiscloses any denial or dispute as to the persons entitled to suchdistribution or to any interest or share therein, the court shall direct suchproceedings 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 beallowed by a commissioner in a condemnation proceeding, nor limit the rightsof any party or parties to the proceeding to appeal from any decisiontherein; nor shall any party to such proceeding be entitled to introduceevidence of any amount deposited with the court or represented by acertificate, nor of any amount which has been accepted by any party entitledthereto 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.)
§ 33.1-124. Proceedings for distribution of funds; effect of acceptance ofpayments; evidence as to amount of deposit or certificate.
A. Any person or persons shown by a certificate to be entitled thereto maypetition the court for the distribution of all or any part of the fundsdeposited with the court pursuant to subdivision A 1 of § 33.1-120 orrepresented 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 TransportationCommissioner, his deputy or any attorney authorized to accept service with anotice returnable to the court or judge not less than 21 days after suchservice, to show cause, if any, the Commissioner can, why such amount shouldnot 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 anydenial or dispute with respect thereto, the court shall enter an orderdirecting the distribution of such amount in accordance with the prayers ofthe petition. However, in the case of a nonresident petitioner the court mayin 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 tothe person or persons entitled to receive such funds.
E. If funds are not then on deposit with the court but are represented by acertificate of deposit filed pursuant to subdivision A 2 of § 33.1-120, acertified copy of such order shall forthwith be sent to the Commissioner bythe clerk. It shall be the duty of the Commissioner to deposit such fundswith the court within 21 days of the date of such order.
F. Interest shall be payable on funds represented by a certificate of depositfrom the date of filing of the certificate of deposit until the funds arepaid 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 totime) for the month in which the order pursuant to this section is entered.However, interest shall not accrue if an injunction is filed against theDepartment of Transportation that enjoins the taking of the propertydescribed in the certificate.
G. If the Commissioner shows such cause, or if the record in the proceedingdiscloses any denial or dispute as to the persons entitled to suchdistribution or to any interest or share therein, the court shall direct suchproceedings 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 beallowed by a commissioner in a condemnation proceeding, nor limit the rightsof any party or parties to the proceeding to appeal from any decisiontherein; nor shall any party to such proceeding be entitled to introduceevidence of any amount deposited with the court or represented by acertificate, nor of any amount which has been accepted by any party entitledthereto 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.)
