CHAPTER 487

An Act to amend and reenact § 88-70.6 of the Code of Virginia, relating
to distribution of funds in certain condemnation cases. CH 485]

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

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

_§ 33-70.6. 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 deposited with the court pursuant to § 33-70.2 * or
represented by a certificate recorded pursuant to § 88-70.8. A copy of such
petition shall be served on the State Highway Commissioner or his deputy
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 ac-
cordance 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 accordance with the prayers of the petition; provided,
however, that in the case of a nonresident petitioner the court may tn its
discretion require a bond before ordering the distribution.

If the Commissioner shall show such cause, or tf the record in the
proceeding discloses 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 § 38-67.2 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
proceeding, nor limit the rights of any party or parties to the proceeding
to appeal from any decision therein; * nor shall any party to such proceed-
ing 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.