Virginia Code 33.2-1021: Recordation of certificates; transfer of title or interest; land situated in two or more counties or cities
A. Upon recordation of a certificate:
Terms Used In Virginia Code 33.2-1021
- Certificate: includes a certificate of deposit and a certificate of take. See Virginia Code 33.2-1000
- Certificate of deposit: means a certificate issued by the Commissioner of Highways and countersigned by the State Treasurer, stating that any sum or sums designated therein shall be paid pursuant to the order of the court, and filed by the Commissioner of Highways with the court wherein condemnation proceedings are pending or are to be instituted in lieu of the payment of funds into court, as provided in subdivision A 2 of § 33. See Virginia Code 33.2-1000
- Deed: The legal instrument used to transfer title in real property from one person to another.
- owner: includes persons owning structures or improvements for which an outdoor advertising permit has been issued by the Commissioner of Highways pursuant to § 33. See Virginia Code 33.2-1000
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
1. The interest or estate of the owner of the property described therein shall terminate;
2. The title to such property or interest or estate of the owner shall be vested in the Commonwealth;
3. The owner shall have such interest or estate in the funds deposited with the court or represented by the certificate of deposit as the owner had in the property taken or damaged; and
4. All liens by deed of trust, judgment, or otherwise upon such property or estate or interest shall be transferred to such funds.
B. The title in the Commonwealth shall be defeasible until (i) the Commonwealth and such owner reach an agreement as provided in § 33.2-1027 or (ii) the compensation for the taking or damage to the property is determined by condemnation proceedings as provided in §§ 33.2-1022 through 33.2-1028.
C. If the land affected by the certificate is situated in two or more counties or cities, the clerk of the court wherein the certificate is recorded shall certify a copy of such certificate to the clerk of the court of the counties or cities in which any portion of the land lies, who shall record the same in his deed book and index it in the name of the person who had the land before and also in the name of the Commonwealth.
Code 1950, § 33-70.4; 1958, c. 581; 1970, c. 322, § 33.1-122; 2014, c. 805; 2020, c. 1245.