§54-2-16. Increase or decrease in award after payment into court;
When, after such payment into court as is mentioned in section
thirteen of this article a subsequent report is made which is
confirmed and ordered to be recorded, or the verdict of a jury is
found, if the sum ascertained by such subsequent report or verdict
exceed what was so paid, and the applicant fail to pay the same,
judgment shall be given against it for the amount of such excess,
with ten percent interest thereon from the date of filing of the
petition until payment, but if what was so paid exceeds the sum
ascertained by such subsequent report or verdict, the excess shall
be repaid to the applicant out of the fund in court, or by the
persons to whom the same shall have been paid. If the sum
ascertained by such subsequent report or verdict does not exceed
the sum ascertained by the former report, the party on whose motion
the former report was set aside, recommitted, or other
commissioners appointed, or trial by jury demanded, if he be a
defendant therein, shall pay the costs occasioned by such motion,
unless such former report was set aside, recommitted or other
commissioners appointed on some other ground than that of
insufficiency of compensation.
If the applicant has stated in his application the sum of
money which he is ready to pay to the owners for any parcel of land
proposed to be taken, and it appear by a report confirmed and
ordered to be recorded, or by a verdict of a jury, that he is
entitled to take such parcel for the purpose mentioned in his
application without paying any greater compensation therefor, he shall be adjudged his costs in respect to such parcel, out of the
compensation to be paid therefor to the owners.
In cases not otherwise provided for, the applicant shall pay
the costs of the proceedings.
Note: WV Code updated with legislation passed through the 2013 1st Special Session
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