CHAPTER 565

An Act to amend and reenact § 83-70 of the Code of Virginia, providing
for the taking of possession of certain property before and during
condemnation. .

(H 78]

Approved March 31, 1956

Be it enacted by the General Assembly of Virginia:

: i That § 33-70 of the Code of Virginia be amended and reenacted as
ollows:

§ 33-70. How certain other property taken before condemnation ;
how owners compensated.—In addition to the exercise of the power of
eminent domain, as provided hereinabove, the Commissioner is authorized
to enter upon and taken possession of such property and rights of way,
for the purposes set out in § 33-57, as the Commissioner may deem neces-
sary and proceed with the construction of such highway. At any time
thereafter but within sixty days after the completion of the construction
of such highway, if the Commissioner and the owner or owners of such
lands are unable to agree as to compensation and damages, if any, caused
thereby, the Commissioner shall institute condemnation proceedings, as
provided in this article, unless such proceedings shall have been instituted
prior to such entry; and the amount of such compensation and damages,
if any, awarded to the owner in such proceedings shall be paid out of the
appropriations to the State Highway Department. The Commissioner shall
pay to the landowner or into court, or to the clerk thereof, for his benefit
such sum as he shall estimate to be the fair value of the land taken and
damage done, before entering upon such land for construction purposes,
provided such payment shall in no wise limit the amount to be allowed
under proper proceedings.

The certificate of the Commissioner that such sum has been paid, or
a certificate filed with the court as provided in § 88-74 of the Code of
Virginia that such sum will be paid, shall be recorded in the clerk’s office
of the court where deeds are recorded, and shall upon recordation vest
title to such land, or interest therein, in the Commonwealth. Any person
or persons entitled thereto may, upon petition to the court, be paid his or
their pro rata share of ninety per centum of the amount deposited. The
acceptance of such payment shall not limit the amount to be allowed by a
commission in a condemnation proceeding, nor the rights of any party or
parties to the proceeding to appeal from any decision therein.

In the event of an award in a condemnation proceeding being of a
greater amount that than deposited pursuant to this section, the excess
amount, together with interest accrued on such excess at the rate of five
per centum per annum from the date of such deposit to the date of the
award, shall be paid to the person or persons entitled thereto. In no other
instance shall interest be allowed on any award. In the event of an award
in a condemnation proceeding being of lesser amount than that deposited
pursuant to this section the Commissioner shall recover the amount of
such excess and, if any person has been paid a greater sum than that to
which he is entitled as determined by the award, judgment shall be
entered for the Commissioner against such person for the amount of such
excess.

It is the intention of this section to provide that such property and
rights of way may, in the discretion of the Commissioner, be condemned
during or after the construction of the highway, as well as prior thereto,
and to direct the fund out of which the judgment of the court in condem-
nation proceedings shall be paid, an dto provide that in all other respects
the provisions of this article shall apply, whether the property and rights
CHS. 565, 566, 567] ACTS OF ASSEMBLY 929

of way are condemned before, during or after the construction of the
highway. But the authorities constructing such highway under the author-
ity of this section, shall use diligence to protect growing crops and pas-
tures and to prevent damage to any property not taken. So far as possible
all rights of way shall be acquired or contracted for before any condem-
nation is resorted to.