{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/45.2-615.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/45.2-615.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/45.2-615.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/45.2-615.html"}],"law_id":364389,"edition_id":2,"section_id":364389,"structure_id":52014,"section_number":"45.2-615","catch_line":"Restoration of property to owner or operator","history":"Code 1950, \u00a7 45-153; 1950, p. 32; 1966, c. 594, \u00a7 45.1-153; 1994, c. 28, \u00a7 45.1-161.322; 2021, Sp. Sess. I, cc. 387, 489.","full_text":"A\n\nWhenever (i) the owner or operator engaged in the business of the mining, production, or marketing of coal whose property has been acquired by the Commission notifies the Commission in writing that he can and will resume operation and render normal service, and satisfies the Commission of the correctness of such notice, or (ii) in the judgment of the Governor, the emergency declared by him no longer exists, the Commission shall restore the possession of the property so acquired by it to such owner or operator upon his request. In the event the Commission refuses such restoration of possession, the owner or operator shall have the right to have a ruling issued requiring the Commission to show cause why such possession shall not be restored, and the court shall determine the matter as provided in this section.\n\nB\n\nAny such owner or operator shall be entitled to receive reasonable, proper, and lawful compensation for the use of the property acquired by the Commonwealth pursuant to this article and shall be paid such compensation out of the state treasury. In the event the Commission has acquired such property by purchase, the owner or operator from whom it was acquired shall, upon reacquisition, repay the purchase price less fair compensation for the use of such property. In the event the Commission and the owner or operator are unable to agree upon the amount of such compensation, either party in interest may file a petition in the circuit court for the county or city in which the property is located for the purpose of having the amount of compensation judicially determined. The court shall, without a jury, hear such evidence and argument of counsel as it deems appropriate and (i) render judgment thereon or (ii) refer to a commissioner such questions as are considered proper and act upon the commissioner’s report as in any other civil proceeding. An appeal shall lie to the Court of Appeals from any final judgment of the court rendered upon the provisions of this article.\n\n","order_by":null,"text":{"0":{"id":1357515,"text":"Whenever (i) the owner or operator engaged in the business of the mining, production, or marketing of coal whose property has been acquired by the Commission notifies the Commission in writing that he can and will resume operation and render normal service, and satisfies the Commission of the correctness of such notice, or (ii) in the judgment of the Governor, the emergency declared by him no longer exists, the Commission shall restore the possession of the property so acquired by it to such owner or operator upon his request. In the event the Commission refuses such restoration of possession, the owner or operator shall have the right to have a ruling issued requiring the Commission to show cause why such possession shall not be restored, and the court shall determine the matter as provided in this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1357516,"text":"Any such owner or operator shall be entitled to receive reasonable, proper, and lawful compensation for the use of the property acquired by the Commonwealth pursuant to this article and shall be paid such compensation out of the state treasury. In the event the Commission has acquired such property by purchase, the owner or operator from whom it was acquired shall, upon reacquisition, repay the purchase price less fair compensation for the use of such property. In the event the Commission and the owner or operator are unable to agree upon the amount of such compensation, either party in interest may file a petition in the circuit court for the county or city in which the property is located for the purpose of having the amount of compensation judicially determined. The court shall, without a jury, hear such evidence and argument of counsel as it deems appropriate and (i) render judgment thereon or (ii) refer to a commissioner such questions as are considered proper and act upon the commissioner’s report as in any other civil proceeding. An appeal shall lie to the Court of Appeals from any final judgment of the court rendered upon the provisions of this article.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":52014,"edition_id":2,"name":"Emergency Seizure of Coal Property by the Commonwealth","identifier":"3","label":"article","depth":5,"order_by":3,"parent_id":52011,"metadata":{"child_laws":9,"child_structures":0},"date_created":"2026-08-02 02:52:09","date_modified":"2026-08-02 12:33:37","permalink":{"id":1450041,"object_type":"structure","relational_id":52014,"identifier":"3","token":"45.2\/II\/A\/6\/3","url":"\/45.2\/II\/A\/6\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52011,"edition_id":2,"name":"Coal Mining Property, Interests, Adjacent Owners, and Dams","identifier":"6","label":"chapter","depth":4,"order_by":2,"parent_id":51999,"metadata":{"child_laws":21,"child_structures":4},"date_created":"2026-08-02 02:52:07","date_modified":"2026-08-02 12:33:35","permalink":{"id":1450003,"object_type":"structure","relational_id":52011,"identifier":"6","token":"45.2\/II\/A\/6","url":"\/45.2\/II\/A\/6\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51999,"edition_id":2,"name":"Coal Mines Generally","identifier":"A","label":"part","depth":3,"order_by":1,"parent_id":51931,"metadata":{"child_laws":103,"child_structures":16},"date_created":"2026-08-02 02:51:54","date_modified":"2026-08-02 12:33:33","permalink":{"id":1449651,"object_type":"structure","relational_id":51999,"identifier":"A","token":"45.2\/II\/A","url":"\/45.2\/II\/A\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51931,"edition_id":2,"name":"Coal Mining","identifier":"II","label":"subtitle","depth":2,"order_by":2,"parent_id":51927,"metadata":{"child_laws":337,"child_structures":56},"date_created":"2026-08-02 02:51:17","date_modified":"2026-08-02 12:33:33","permalink":{"id":1449649,"object_type":"structure","relational_id":51931,"identifier":"II","token":"45.2\/II","url":"\/45.2\/II\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51927,"edition_id":2,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":99,"parent_id":null,"metadata":{"child_laws":627,"child_structures":120},"date_created":"2026-08-02 02:51:17","date_modified":"2026-08-02 12:33:32","permalink":{"id":1449541,"object_type":"structure","relational_id":51927,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":364382,"structure_id":52014,"section_number":"45.2-608","catch_line":" \"Public uses\" defined; mining, etc., of coal essential business; subject to seizure by Commonwealth","url":"\/45.2-608\/","token":"45.2\/II\/A\/6\/3\/45.2-608","metadata":false},{"id":364383,"structure_id":52014,"section_number":"45.2-609","catch_line":" Interruption of public uses; proclamation of emergency; seizure","url":"\/45.2-609\/","token":"45.2\/II\/A\/6\/3\/45.2-609","metadata":false},{"id":364384,"structure_id":52014,"section_number":"45.2-610","catch_line":" Additional powers of Governor to operate seized properties","url":"\/45.2-610\/","token":"45.2\/II\/A\/6\/3\/45.2-610","metadata":false},{"id":364385,"structure_id":52014,"section_number":"45.2-611","catch_line":" Virginia Fuel Commission; purpose; membership; compensation; staff; powers and duties; report","url":"\/45.2-611\/","token":"45.2\/II\/A\/6\/3\/45.2-611","metadata":false},{"id":364386,"structure_id":52014,"section_number":"45.2-612","catch_line":" Negotiating purchase or lease of coal properties","url":"\/45.2-612\/","token":"45.2\/II\/A\/6\/3\/45.2-612","metadata":false},{"id":364387,"structure_id":52014,"section_number":"45.2-613","catch_line":" Proceedings for condemnation","url":"\/45.2-613\/","token":"45.2\/II\/A\/6\/3\/45.2-613","metadata":false},{"id":364388,"structure_id":52014,"section_number":"45.2-614","catch_line":" Expense of acquiring and operating coal property; funds derived from operation","url":"\/45.2-614\/","token":"45.2\/II\/A\/6\/3\/45.2-614","metadata":false},{"id":364389,"structure_id":52014,"section_number":"45.2-615","catch_line":"Restoration of property to owner or operator","url":"\/45.2-615\/","token":"45.2\/II\/A\/6\/3\/45.2-615","metadata":false},{"id":364390,"structure_id":52014,"section_number":"45.2-616","catch_line":" Article subject to provisions of general law","url":"\/45.2-616\/","token":"45.2\/II\/A\/6\/3\/45.2-616","metadata":false}],"previous_section":{"id":364388,"structure_id":52014,"section_number":"45.2-614","catch_line":" Expense of acquiring and operating coal property; funds derived from operation","url":"\/45.2-614\/","token":"45.2\/II\/A\/6\/3\/45.2-614","metadata":false},"next_section":{"id":364390,"structure_id":52014,"section_number":"45.2-616","catch_line":" Article subject to provisions of general law","url":"\/45.2-616\/","token":"45.2\/II\/A\/6\/3\/45.2-616","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-615\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1966, chapter 594; in 1994, chapter 28<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1450071,"object_type":"law","relational_id":364389,"identifier":"45.2-615","token":"45.2\/II\/A\/6\/3\/45.2-615","url":"\/45.2-615\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/45.2-615\/","token":"45.2\/II\/A\/6\/3\/45.2-615","dublin_core":{"Title":"Restoration of property to owner or operator","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-615","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever (i) the owner or operator engaged in the business of the mining, production, or marketing of coal whose property has been acquired by the Commission notifies the Commission in writing that he can and will resume operation and render normal service, and satisfies the Commission of the correctness of such notice, or (ii) in the judgment<\/span> of the Governor, the emergency declared by him no longer exists, the Commission shall restore the possession<\/span> of the property so acquired by it to such owner or operator upon his request. In the event the Commission refuses such restoration of possession<\/span>, the owner or operator shall have the right to have a ruling issued requiring the Commission to show cause why such possession<\/span> shall not be restored, and the court<\/span> shall determine the matter as provided in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any such owner or operator shall be entitled to receive reasonable, proper, and lawful compensation for the use of the property acquired by the Commonwealth pursuant to this article and shall be paid such compensation out of the state treasury. In the event the Commission has acquired such property by purchase, the owner or operator from whom it was acquired shall, upon reacquisition, repay the purchase price less fair compensation for the use of such property. In the event the Commission and the owner or operator are unable to agree upon the amount of such compensation, either party in interest<\/span> may file a petition<\/span> in the circuit<\/span> court<\/span> for the county or city in which the property is located for the purpose of having the amount of compensation judicially determined. The court<\/span> shall, without a jury<\/span>, hear such evidence<\/span> and argument of counsel<\/span> as it deems appropriate and (i) render judgment<\/span> thereon or (ii) refer to a commissioner such questions as are considered proper and act upon the commissioner’s report as in any other civil proceeding. An appeal<\/span> shall lie to the Court<\/span> of Appeals<\/span> from any final judgment<\/span> of the court<\/span> rendered upon the provisions of this article. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRESTORATION OF PROPERTY TO OWNER OR OPERATOR (\u00a7 45.2-615)\n\nA. Whenever (i) the owner or operator engaged in the business of the mining,\nproduction, or marketing of coal whose property has been acquired by the\nCommission notifies the Commission in writing that he can and will resume\noperation and render normal service, and satisfies the Commission of the\ncorrectness of such notice, or (ii) in the judgment of the Governor, the\nemergency declared by him no longer exists, the Commission shall restore the\npossession of the property so acquired by it to such owner or operator upon his\nrequest. In the event the Commission refuses such restoration of possession, the\nowner or operator shall have the right to have a ruling issued requiring the\nCommission to show cause why such possession shall not be restored, and the\ncourt shall determine the matter as provided in this section.\n\nB. Any such owner or operator shall be entitled to receive reasonable, proper,\nand lawful compensation for the use of the property acquired by the Commonwealth\npursuant to this article and shall be paid such compensation out of the state\ntreasury. In the event the Commission has acquired such property by purchase,\nthe owner or operator from whom it was acquired shall, upon reacquisition, repay\nthe purchase price less fair compensation for the use of such property. In the\nevent the Commission and the owner or operator are unable to agree upon the\namount of such compensation, either party in interest may file a petition in the\ncircuit court for the county or city in which the property is located for the\npurpose of having the amount of compensation judicially determined. The court\nshall, without a jury, hear such evidence and argument of counsel as it deems\nappropriate and (i) render judgment thereon or (ii) refer to a commissioner such\nquestions as are considered proper and act upon the commissioner’s report\nas in any other civil proceeding. An appeal shall lie to the Court of Appeals\nfrom any final judgment of the court rendered upon the provisions of this\narticle.\n\nHISTORY: Code 1950, \u00a7 45-153; 1950, p. 32; 1966, c. 594, \u00a7 45.1-153; 1994, c.\n28, \u00a7 45.1-161.322; 2021, Sp. Sess. I, cc. 387, 489.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}