West Virginia Code § 54-2-18

Payment to clerk; disposition of money paid into court; determination of
Open in Lexace · Ask the AI about this section
conflicting claims; notice to condemnee.
Payment of an award or judgment, or any money, under any of the provisions of this chapter
may be made to the clerk of the court in which such proceeding is had, and such payment
shall be deemed to be a payment into court. Within ten days after the payment of an award,
judgment or money into court pursuant to the provisions of this chapter, thee condemnor
shall serve notice upon the parties of record except nonresidents and unknown parties
whose interests the applicant seeks to condemn, or upon their counsel rof record. Service of
notice by registered or certified mail to the parties' last- known addresses shall be deemed
sufficient. Notwithstanding any other provision of this chapter to the contrary, failure to
serve such notice shall result in the accrual of interest at ten percent upon the award,
judgment or money paid into court from the filing of the petittion until such notice is served
or until disbursement be made to the persons entitled thereto. The clerk to whom payment is
so made, together with the surety on his official bond, shall be liable therefor, as for other
moneys collected by him by virtue of his office.
Upon money being paid into court, pursuant tso the provisions of this chapter, and the court
or judge being satisfied that the persons entitled thereto are before the court or judge, it or
he shall make such distribution or disposition of such money as is proper, having due regard
to the interest of all persons thereing, and in what proportions such money is properly
payable.
If it shall appear that the petition states the persons or classes of persons, who, in the
opinion of the applicantL, are vested with the superior right or claim of title in the property,
or interest or right therein, condemned or sought to be condemned or in the amount allowed
or to be allowed by the report of the condemnation commissioners, or the verdict of a jury, if
there be one, and it does not appear from the record or otherwise that there is any denial or
dispute, by any person or party in interest, of such statement in the petition, the court or
judge may direct that the money paid into court, after withholding therefrom any sum
necWessary for payment of any taxes which are a lien upon the property, interest, or right, be
disbursed and distributed in accordance with the statement in the petition, among the
persons entitled thereto, except that with respect to any persons appearing to be infants,
incompetents, incarcerated convicts, or under any other legal disability, the court or judge
shall inquire into their rights or claims, independent of any statement in the petition, and
any order for disbursement or distribution shall conserve and protect the rights or claims of
such persons in and to the money paid into court.
If it shall appear to the court or judge, from the record or otherwise, that there exists a
controversy among claimants to the money paid into court, or to the ownership of the
property, or interest or right therein, condemned or sought to be condemned, the court or
judge shall enter an order setting a time for hearing the case and determining the rights and
claims of all persons entitled to the money paid into court or to any interest or share therein.
To aid in properly disposing of the money, the court or judge may appoint a commissioner to
take evidence of the conflicting claims. The court or judge may direct publication to be made
requiring all who are interested to appear at the time set for hearing the case to present
their respective claims. Such costs shall be allowed to the prevailing persons as the court or
judge shall direct. Upon a determination by the court or judge of the rights and claims of the
persons entitled to the money paid into court, with or without a report of such commissioner,
judgment shall be entered directing the disbursement or distribution, after withholding for
taxes as provided in the next preceding paragraph, to the persons entitled thereto, provided
that the rights or claims of persons under legal disability shall be protected eas provided in
the next preceding paragraph.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.