CHAPTER 699

An Act to amend the Code of Virginia by adding a new section numbered
§5-201.1, relating to the exercise of the power of eminent domain to
acquire lands for public purposes notwithstanding the pendency of
proceedings to escheat such land.

(H 1064]

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
55-201.1, as follows:

§ 55-201.1. Notwithstanding any provision contained in this chap-
ter, the Highway Commissioner or any city, town, county or other polit-
ical subdivision or agency of this State possessing the power of eminent
domain may, for any public purpose and notwithstanding the pendency of
any proceeding brought for the escheat of any land wanted and needed by
such Highway Commissioner or such city, town, county or other political
subdivision or agency of this State for such purpose, institute, maintain
and conduct to final judgment condemnation proceedings to acquire in fee
simple such land or such lesser estate, title or interest therein as is wanted
and needed for such public purpose, provided, however, that the escheator
in whose name such escheat proceedings be pending and the Common-
wealth of Virginia be made codefendants to such condemnation proceed-
ings, together with the owner or owners, if known, of the land proposed to
be condemned in such proceeding; and the pendency of such escheat pro-
ceedings shall constitute no bar or defense to such condemnation proceed-
ings, nor to any proceeding therein seeking a right of entry as provided in
§ 25-46.8 or in Article 5, Chapter 1, Title 33 of the Code of Virginia; and
no escheator, after being served with notice of the filing of any such con-
demnation proceeding, shall sell or dispose of any land sought to be ac-
quired in such condemnation proceeding except upon order entered by the
court in which such condemnation proceeding is pending. The funds paid
into court as compensation and/or damages for the land so taken or dam-
aged shall, after payment of taxes and other claims constituting valid liens
against the land so taken, be ordered distributed to the party or parties
entitled thereto or be ordered paid to the escheator of said land, or to the
State treasurer, as the court, in its discretion, shall direct.