One who dug a pit in the Reshus ha'Rabim, why is he called the owner? One does not own Reshus ha'Rabim!
Rashi: The Torah declares him the owner to render him liable for all subsequent damages.
To whom does the Neveilah belong?
Rashi, Ramban and Rashbam (both citing Bava Kama, 10b): The Nizak takes the Neveilah
and the Mazik pays the balance of the Nezek.
The simple meaning is, once the Mazik has paid, he takes the Neveilah - but Chachamim expounded unlike this.
Consequently, in the event that it gets lost or its value depreciates, it is the Nizak who bears the loss. In fact, this Din extends to all cases of Nezikin.
Why does it say "Yashiv", and not 'give' or 'pay'?
Rashi: This includes paying with any Shaveh Kesef (Metaltelim).
Rashi writes that one may pay with any Shaveh Kesef. Damages are paid only from Idis (highest quality land)!
Rashi, from Bava Kama 7b: One who pays land must give Idis
, but one who pays Metaltelim may give anything, for if he cannot sell it here, he can sell it elsewhere.
Bava Kama 7b:
So it will be easy to sell.