CHAPTER 590

An Act to amend and reenact § 25-46.28 of the Code of Virginia, relating
to disposition of money paid into court in condemnation cases.

[H 7382]
Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That § 25-46.28 of the Code of Virginia be amended and reenacted
as follows:

§ 25-46.28. Upon the award being paid into court and the confirma-
tion of the report in the manner provided in § 25-46.24, the interest or
estate of the owner or owners in the property taken or damaged shall
terminate and they shall have such interest or estate in the fund so paid
into court as they had in the property so taken or damaged, and all liens
by a deed of trust, judgment or otherwise upon such property or any
interest therein shall be transferred to the fund so paid into court. If the
court is satisfied that the persons having an interest therein are before
the court, the court shall make such distribution of such money as to it
may seem proper, having due regard to the interest of all persons therein,
and in what proportions such money is properly payable.

If it appears from the record in the proceedings or otherwise that the
person or persons or classes of persons in the proceedings are vested with
the superior right or claim of title in the land or estate or interest therein
condemned, or in the proceeds of the award of just compensation, and that
the record does not disclose any denial or dispute thereof, by any person
or party in interest, the court may direct that the fund, after the pay-
ment therefrom of any taxes, be disbursed and distributed accordingly
among the persons entitled thereto or to whomsoever they may by writ-
ing direct; except that with respect to any persons appearing to be
infants, incompetent or under any other legal disability, the court may
inquire into their rights or claims, independent of any statement in the
record, and any order for distribution shall conserve and protect the
rights of such parties in and to the fund. The cost of a commissioner in
chancery appointed by the court to assist in making the proper distribu-
tion in cases of legal disability as herein set forth may be taxed as a cost
of the proceedings, to be paid by the petitioner.

If it appears to the court that there exists a controversy among claim-
ants to the fund, or to the ownership of the property subject to the con-
demnation, the court shall enter an order setting a time for hearing the
case and determining the rights and claims of all persons entitled to the
fund or to any interest or share therein. In order to enable the court to
determine the proper disposition of the fund, the court may appoint a
commissioner in chancery to take evidence upon the conflicting claims. No
costs incident to or arising out of a trial or a determination of such issues
or out of a determination of the ownership of the fund or the distribution
thereof shall be taxed against the petitioner; provided, however, that in
the event that the fund is less than five hundred dollars, such costs shall
be taxed against the petitioner.

Upon a determination by the court of the rights and claims of the
persons entitled to the fund, an order shall be entered directing the dis-
bursement among the persons entitled thereto or to whomsoever they may
by writing direct. Any party aggrieved thereby may apply for an appeal
as provided in § 25-46.26.