CHAPTER 653

An Act to prescribe procedure and method of payment by political sub-
divisions and agencies of the State in the exercise of the power of
eminent domain in certain cases.

[H 623]

Approved March 31, 1956

Be it enacted by the General Assembly of Virginia: .
1. §1. Any political subdivision or agency of the State having the
power of eminent domain which is now or may hereafter be authorized
to enter upon and take possession of property and rights of way prior to
or after the institution of condemnation proceedings to acquire such prop-
erty or rights of way shall deposit with the clerk of the court having
jurisdiction such sum as it shall estimate to be the fair value of the land
to be taken and the damages, if any, before entering upon such land in
furtherance of the purpose for which such land is to be acquired. Upon
the deposit with the clerk of the court of such sum, 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 such fund deposited. The acceptance
of such payment shall not preclude such person or persons from appeal-
ing any decision rendered in such proceedings. If the sum deposited is
greater or less than the amount finally determined by the decision in such
proceeding or by an appeal, the amount of the increase or decrease shall
paid by or refunded to the condemnor.