Virginia § 25.1-305 - Authorized condemnor to make payment into court or file certificate of deposit before entering upon land
Full text of Virginia Code of Virginia § 25.1-305 — Authorized condemnor to make payment into court or file certificate of deposit before entering upon land, with citation guidance and answers to common questions.
§ 25.1-305. Authorized condemnor to make payment into court or file certificate of deposit before entering upon land
A. Before entering upon or taking possession of property, the authorized condemnor shall either:
1. Pay into the court wherein condemnation proceedings are pending, or are to be instituted, such sum as is required by subsection B; or
2. File with the court wherein condemnation proceedings are pending, or are to be instituted, a certificate of deposit issued by the authorized condemnor for such sum as is required by subsection B, which shall be deemed and held for the purpose of this chapter to be payment into the custody of such court.
B. The amount to be paid into the court as provided in subdivision A 1 or represented by a certificate of deposit as provided in subdivision A 2 shall be the amount that the authorized condemnor estimates to be the fair value of the land taken, or interest therein sought, and damage done, which estimate shall be based on a bona fide appraisal if required by § 25.1-417; however, such estimate shall not be less than the current assessed value of the land for real estate tax purposes, unless the property has physically changed in a material and substantial way since the current assessment date such that the real estate tax assessment no longer represents a fair valuation of the property, when the entire parcel for which the assessment has been made is to be acquired.
C. If the condemning authority makes a payment into court as provided in subdivision A 1, it shall also record a certificate of take as provided in § 25.1-307.
D. Payment against a certificate of deposit, when ordered by the court named therein, shall be paid by the authorized condemnor.
E. Nothing in this section shall make evidence of tax assessments admissible as proof of value in an eminent domain proceeding.
Source: official Virginia text · Last verified 2026-08-27
Frequently Asked Questions About Virginia § 25.1-305
What does Code of Virginia § 25.1-305 cover?
Section 25.1-305 ("Authorized condemnor to make payment into court or file certificate of deposit before entering upon land") is part of the Code of Virginia, the codified statutory law of Virginia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Virginia § 25.1-305?
A common citation format is "Code of Virginia § 25.1-305" (Virginia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Virginia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Virginia official source linked on this page or consult a licensed Virginia attorney.
How does Virginia § 25.1-305 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Virginia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Virginia.