CHAPTER 232

An Act to amend and reenact § 88-70.6, as amended, of the Code of
Virginia, relating to proceedings for the distribution of certain funds
deposited with the court by the State Highway Department pursuant
to the exercise of power of eminent domain. [H 680]

Approved March 138, 1968

Be it enacted by the General Assembly of Virginia:

1. That § 33-70.6, as amended, of the Code of Virginia be amended and
reenacted as follows:

§ 33-70.6. Proceedings for distribution of funds; effect of accept-
ance of payments; evidence as to amount of deposit or certificate.—Any
person or persons shown by such certificate to be entitled thereto may
petition the court for the distribution of all or any part of the funds de-
posited with the court pursuant to § 33-70.2 or represented by a certificate
recorded pursuant to § 33-70.3. A copy of such petition shall be served
on the State Highway Commissioner, his deputy or any attorney author-
ized to accept service with a notice returnable to the court or judge
thereof in vacation not less than twenty-one days after such service, to
show cause, if any, the said Commissioner can, why such amount should
not be distributed in accordance with the prayers of the petition. If
the said Commissioner shall 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 accord-
ance with the prayers of the petition; provided, however, that in the case
of a nonresident petitioner the court may in its discretion require a bond
before ordering the distribution. If funds are not then on deposit with the
court but are represented by a certificate pursuant to § 33-70.8, 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 twenty-one days of the date of such order. Interest at
the rate of five per centum shall be payable on such funds for any period
in excess of twenty-one days from the date of the order directing the
distribution of such funds if the court finds that the Commissioner 1s
responsible for the delay in depositing the funds, and the order of the
court directing the distribution shall be amended as shall be necessary to
provide for the payment of accrued interest.

If the Commissioner shall show such cause, or if the recerd in the
proceeding disclose 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 § 33-67.2 for the distribution of awards.
Provided, however, that the acceptance of such payment shall not
limit the amount to be allowed by a commission in a condemnation pro-
ceeding, 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.