1984

Williams v. Fairfax County Redevelopment & Hous. Auth.

Supreme Court of Virginia

227 Va. 309, 315 S.E.2d 202

Authority filed petition to condemn 45 acres of land. Defendants were Kirby, the fee simple owner, and some trustees of deeds of trust securing indebtedness to the property. After the trial, but before the order approving the award and directing the Authority to pay it was more than 21 days old, the order was extended several times, each time before it was a final order. The Authority and Kirby settled the matter. The award was never paid into court. The indebtedness was assumed by the Authority. The trustees objected to the dismissal, asserting the court was without authority to extend the finality of the order approving the compensation, and they had no notice of any extensions. Trial court overruled the objection. Supreme Court affirmed. Lienholders are not owners within the contemplation of the condemnation act. Their rights do not accrue until an award is paid into court. Here, the Authority neither took the property nor paid the award. No rights had accrued to the trustees. The trial court had authority to dismiss the proceeding on the joint motion and before the vesting of title.

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