reglab/housing_qa huggingface dataset:
VA Code § 8.01-184.1 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-184.1. Declaratory judgment to adjudicate constitutional nexus

A. Circuit courts shall have original jurisdiction over civil actions seeking declaratory judgment where:1. The party seeking declaratory relief is a business that (i) is organized under the laws of the Commonwealth or a sole proprietorship owned by a Commonwealth domiciliary, or (ii) has qualified to do business in the Commonwealth; and2. The responding party is a government official of another state, or political subdivision of another state, who asserts that the business in question is or was in the past obliged to collect sales or use taxes for such state or political subdivision based upon conduct of the business occurring wholly or partially within the Commonwealth.B. Any business meeting the requirements and facing the circumstances described in subsection A shall be entitled to declaratory relief on the issue of whether the requirement of another state, or political subdivision of another state, that the business collect and remit sales or use taxes to that state, or political subdivision, in the factual circumstances of the business' operations giving rise to the demand, constitutes an undue burden on interstate commerce within the meaning of Article I, Section 8, Clause 3 of the United States Constitution.C. Any government official meeting the requirements of subdivision A 2 shall be subject to the personal jurisdiction of Virginia circuit courts to the extent permitted by the Constitution of the United States. This subsection shall govern personal jurisdiction in actions under this section, and shall constitute authorization for purposes of § 8.01-330.2004, cc. 609, 647; 2005, cc. 736, 800.
VA Code § 8.01-185 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-185. Venue

The venue of actions seeking declarations of right with or without consequential relief shall be determined in accordance with provisions of Chapter 5 (§ 8.01-257 et seq.) of this title.Code 1950, § 8-579; 1954, c. 333; 1977, c. 617.
VA Code § 8.01-186 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-186. Further relief

Further relief based on a declaratory judgment order or decree may be granted whenever necessary or proper. The application shall be by motion to a court having jurisdiction to grant the relief. If the application is deemed sufficient the court shall, on reasonable notice, require an adverse party whose rights have been adjudicated by the declaration of right to show cause why further relief should not be granted forthwith.Code 1950, § 8-581; 1977, c. 617.
VA Code § 8.01-187 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-187. Commissioners or condemnation jurors to determine compensation for property taken or damaged

Whenever it is determined in a declaratory judgment proceeding that a person's property has been taken or damaged within the meaning of Article I, Section 11 of the Constitution of Virginia and compensation has not been paid or any action taken to determine the compensation within 60 days following the entry of such judgment order or decree, the court which entered the order or decree may, upon motion of such person after reasonable notice to the adverse party, enter a further order appointing commissioners or condemnation jurors to determine the compensation. The appointment of commissioners or condemnation jurors and all proceedings thereafter shall be governed by the procedure prescribed for the condemning authority. Notwithstanding the provisions of § 25.1-100, the date of valuation in actions pursuant to this section shall be the date determined by the court to be the date the property was taken or damaged.Code 1950, § 8-581.1; 1968, c. 782; 1971, Ex. Sess., c. 1; 1977, c. 617; 2007, cc. 450, 720; 2010, c. 835; 2014, c. 618.
VA Code § 8.01-188 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-188. Jury trial

When a declaration of right or the granting of further relief based thereon shall involve the determination of issues of fact triable by a jury, such issues may be submitted to a jury in the form of interrogatories, with proper instructions by the court, whether a general verdict be required or not.Code 1950, § 8-582; 1977, c. 617.
VA Code § 8.01-189 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-189. Injunction

The pendency of any action at law or suit in equity brought merely to obtain a declaration of rights or a determination of a question of construction shall not be sufficient grounds for the granting of any injunction.Code 1950, § 8-583; 1977, c. 617.
VA Code § 8.01-190 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-190. Costs

The costs, or such part thereof as the court may deem proper and just in view of the particular circumstances of the case, may be awarded to any party.Code 1950, § 8-584; 1977, c. 617.
VA Code § 8.01-191 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-191. Construction of article

This article is declared to be remedial. Its purpose is to afford relief from the uncertainty and insecurity attendant upon controversies over legal rights, without requiring one of the parties interested so to invade the rights asserted by the other as to entitle him to maintain an ordinary action therefor. It is to be liberally interpreted and administered with a view to making the courts more serviceable to the people.Code 1950, § 8-585; 1977, c. 617.
VA Code § 8.01-192 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-192. How claims to be prosecuted

When the Comptroller or other authorized person shall disallow, either in whole or in part, any such claim against the Commonwealth as is provided for by §§ 2.2-814, 2.2-815 or 8.01-605 at which time a right of action under this section shall be deemed to accrue, the person presenting such claim may petition an appropriate circuit court for redress.Code 1950, § 8-752; 1966, c. 452; 1977, c. 617.
VA Code § 8.01-193 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-193. Defense and hearing

In every such case, the Comptroller shall be a defendant. He shall file an answer stating the objections to the claim. The cause shall be heard upon the petition, answer, and the evidence.Code 1950, § 8-753; 1977, c. 617.
VA Code § 8.01-194 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-194. Jury may be impaneled; judgment

The court may, and on the motion of any party shall, cause a jury to be impaneled to ascertain any facts which are disputed, or the amount of any claim which is unliquidated.Code 1950, § 8-754; 1977, c. 617.
VA Code § 8.01-195 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-195. No judgment to be paid without special appropriation

No judgment against the Commonwealth, unless otherwise expressly provided, shall be paid without a special appropriation therefor by law.Code 1950, § 8-756; 1977, c. 617.
VA Code § 8.01-195.1 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-195.1. Short title

This article shall be known and may be cited as the "Virginia Tort Claims Act."1981, c. 449.
VA Code § 8.01-195.2 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-195.2. Definitions

As used in this article:"Agency" means any department, institution, authority, instrumentality, board or other administrative agency of the government of the Commonwealth of Virginia and any transportation district created pursuant to the Transportation District Act of 1964 (§ 33.2-1900 et seq.) of Title 33.2 and Chapter 630 of the 1964 Acts of Assembly."Employee" means any officer, employee or agent of any agency, or any person acting on behalf of an agency in an official capacity, temporarily or permanently in the service of the Commonwealth, or any transportation district, whether with or without compensation."School boards" as defined in § 22.1-1 are not state agencies nor are employees of school boards state employees."Transportation district" shall be limited to any transportation district or districts which have entered into an agreement in which the Northern Virginia Transportation District is a party with any firm or corporation as an agent to provide passenger rail services for such district or districts while such firm or corporation is performing in accordance with such agreement.1981, c. 449; 1986, cc. 534, 584; 1991, c. 23.
VA Code § 8.01-195.5 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-195.5. Settlement of certain cases

The Attorney General shall have authority in accordance with § 2.2-514 to compromise and settle claims against the Commonwealth cognizable under this article.The chairman of the commission for a transportation district against which a claim was filed pursuant to this article, or such other person as may be designated by the commission, shall have the authority to compromise, settle and discharge the claim provided (i) the proposed settlement and reasons therefor are submitted to the commission in writing and approved by its members or (ii) the settlement is made in accordance with a written policy approved by the transportation district commission for such settlements. The Director of the Division of Risk Management may adjust, compromise and settle claims against the Commonwealth cognizable under this article prior to the commencement of suit unless otherwise directed by the Attorney General.1981, c. 449; 1986, c. 584; 1991, c. 23; 1992, c. 796.
VA Code § 8.01-195.7 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-195.7. Statute of limitations

Every claim cognizable against the Commonwealth or a transportation district under this article shall be forever barred, unless within one year after the cause of action accrues to the claimant the notice of claim required by § 8.01-195.6 is properly filed. An action may be commenced pursuant to § 8.01-195.4 (i) upon denial of the claim by the Attorney General or the Director of the Division of Risk Management or, in the case of a transportation district, by the chairman of the commission of that district or (ii) after the expiration of six months from the date of filing the notice of claim unless, within that period, the claim has been compromised and discharged pursuant to § 8.01-195.5. All claims against the Commonwealth or a transportation district under this article shall be forever barred unless such action is commenced within 18 months of the filing of the notice of claim, or within two years after the cause of action accrues.The limitations periods prescribed by this section and § 8.01-195.6 shall be subject to the tolling provision of § 8.01-229 and the pleading provision of § 8.01-235. Additionally, claims involving medical malpractice in which the notice required by this section and § 8.01-195.6 has been given shall be subject to the provisions of § 8.01-581.9. Notwithstanding the provisions of this section, if notice of claim against the Commonwealth was filed prior to July 1, 1984, any claimant so filing shall have two years from the date such notice was filed within which to commence an action pursuant to § 8.01-195.4.1981, c. 449; 1984, cc. 638, 698; 1985, c. 514; 1986, c. 584; 1988, cc. 778, 801; 1992, c. 796; 2016, c. 772.
VA Code § 8.01-195.8 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-195.8. Release of further claims

Notwithstanding any provision of this article, the liability for any claim or judgment cognizable under this article shall be conditioned upon the execution by the claimant of a release of all claims against the Commonwealth, its political subdivisions, agencies, and instrumentalities or against the transportation district, and against any officer or employee of the Commonwealth or the transportation district in connection with, or arising out of, the occurrence complained of.1981, c. 449; 1986, c. 584; 1991, c. 23.
VA Code § 8.01-195.9 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-195.9. Claims evaluation program

The Division of Risk Management of the Department of the Treasury and the Attorney General shall develop cooperatively an actuarially sound program for identifying, evaluating and setting reserves for the payment of claims cognizable under this article.1988, c. 644; 2000, cc. 618, 632.
VA Code § 8.01-195.10 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-195.10. Purpose; action by the General Assembly required; definitions

A. The purpose of this article is to provide directions and guidelines for the compensation of persons who have been wrongfully incarcerated in the Commonwealth. Compensation for wrongful incarceration is governed by Article IV, Section 14 of the Constitution of Virginia, which prohibits the General Assembly from granting relief in cases in which the courts or other tribunals may have jurisdiction and any individual seeking payment of state funds for wrongful incarceration shall be deemed to have waived all other claims. The payment and receipt of any compensation for wrongful incarceration shall be contingent upon the General Assembly appropriating funds for that purpose. This article shall not provide an entitlement to compensation for persons wrongfully incarcerated or require the General Assembly to appropriate funds for the payment of such compensation. No estate of or personal representative for a decedent shall be entitled to seek a claim for compensation for wrongful incarceration.B. As used in this article:"Incarceration" or "incarcerated" means confinement in a local or regional correctional facility, juvenile correctional center, state correctional facility, residential detention center, or facility operated pursuant to the Corrections Private Management Act (§ 53.1-261 et seq.)."Wrongful incarceration" or "wrongfully incarcerated" means incarceration for a felony conviction for which (i) the conviction has been vacated pursuant to Chapter 19.2 (§ 19.2-327.2 et seq.) or 19.3 (§ 19.2-327.10 et seq.) of Title 19.2, or the person incarcerated has been granted an absolute pardon for the commission of a crime that he did not commit; (ii) the person incarcerated shall have entered a final plea of not guilty, or, regardless of the plea, the person incarcerated was convicted of a Class 1 felony, a Class 2 felony, or any felony for which the maximum penalty is imprisonment for life; and (iii) the person incarcerated did not by any act or omission on his part intentionally contribute to his conviction for the felony for which he was incarcerated.2004, cc. 818, 840; 2010, cc. 496, 557; 2021, Sp. Sess. I, cc. 344, 345.
VA Code § 8.01-195.12 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-195.12. Conditions for continued compensation

A. Any person awarded compensation under this article who is subsequently convicted of a felony shall, immediately upon such conviction, not be eligible to receive any unpaid amounts from any compensation awarded and his beneficiaries shall not be eligible to receive any payments under an annuity purchased pursuant to subsection B of § 8.01-195.11. Any unpaid amounts remaining under any annuity shall become the property of the Commonwealth and shall be deposited into the general fund of the state treasury.A1. Any person awarded compensation under this article who is subsequently incarcerated upon the revocation of parole or probation resulting from the commission of an act that constitutes a crime shall, during the period of such incarceration, forfeit any payments under an annuity purchased pursuant to subsection B of § 8.01-195.11. Any forfeited amounts under any annuity shall become the property of the Commonwealth and shall be deposited into the general fund of the state treasury.B. As a condition of receiving any compensation under this article, a person shall execute a release and waiver forever releasing (i) the Commonwealth or any agency, instrumentality, officer, employee, or political subdivision thereof, (ii) any legal counsel appointed pursuant to § 19.2-159, and (iii) all other parties of interest, from any present or future claims the person receiving compensation may have against such enumerated parties and arising out of the factual situation in connection with the conviction for which compensation is being sought under this article. In addition, the person receiving compensation shall not have been awarded a finally adjudicated judgment in a court of law against or received any funds pursuant to a settlement agreement with any person or entity described in this subsection for compensation or damages arising out of the factual situation in connection with the conviction.2004, cc. 818, 840; 2010, c. 557.
VA Code § 8.01-195.13 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-195.13. Compensation for certain intentional acts

A. In any matter resulting in compensation for wrongful incarceration pursuant to this article, if a court of competent jurisdiction over the matter determines, or the court record clearly demonstrates, that the Commonwealth or any agency, instrumentality, officer or employee, or political subdivision thereof (i) intentionally and wrongfully fabricated evidence that was used to obtain the wrongful conviction in such manner and (ii) intentionally, willfully, and continuously suppressed or withheld evidence establishing the innocence of the person wrongfully incarcerated, including but not limited to suppression or withholding of evidence to the Governor for the purpose of clemency, the Commonwealth may compensate the person wrongfully incarcerated for such intentional acts. Such amount shall be in addition to any compensation awarded pursuant to § 8.01-195.11 and may be up to or equal to the amount of such compensation. The additional compensation shall be added to any amount awarded pursuant to § 8.01-195.11, and the total compensation shall be paid pursuant to subdivision B of § 8.01-195.11. Nothing provided in this section shall be interpreted to supplant, revoke, or supersede any other provision of this article applicable to the award of compensation for wrongful incarceration, and the additional compensation shall be subject to any conditions set forth in this article.B. Any compensation awarded pursuant to this article that includes the additional compensation for intentional acts as set forth in subsection A shall not become effective and payable by the Commonwealth unless and until (i) the person wrongfully incarcerated executes the release and waiver pursuant to subsection B of § 8.01-195.12 and (ii) the instrumentality, or political subdivision thereof, employing any individual committing the intentional acts set forth in clauses (i) and (ii) of subsection A enters into an agreement with the person wrongfully incarcerated requiring such instrumentality or political subdivision to compensate the person with a sum at least equal to the total compensation provided pursuant to § 8.01-195.11 and this section.2018, cc. 502, 503.
VA Code § 8.01-196 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-196. Comptroller to institute proceedings

The Comptroller shall institute and prosecute all proceedings proper to enforce payment of money to the Commonwealth.Code 1950, § 8-758; 1977, c. 617.
VA Code § 8.01-197 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-197. In what name; when not to abate

Any such action shall be in the name of the Commonwealth of Virginia except when it is on a bond payable to, or a contract made with, the Governor or some other person. And then it may be in the name of such Governor or other person for the use of the Commonwealth, notwithstanding such Governor or other person may have died, resigned, or been removed from office before the commencement of the action. And there shall be no abatement thereof, by reason of the death, resignation, or removal from office of any such plaintiff pending the action.Code 1950, § 8-760; 1977, c. 617.
VA Code § 8.01-198 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-198. Action, against whom instituted

Any such action may be instituted against any person indebted or liable to the Commonwealth in any way whatever, and against his sureties, and against his and their personal representatives. And it may be made when the debt or liability is created or secured by a bond or other instrument, whether the same be payable to the Commonwealth or to any person acting in a public character on behalf of the Commonwealth, or be for the payment of money or the performance of other duties. Every judgment on any such motion shall be in the name of the Commonwealth.Code 1950, § 8-761; 1954, c. 550; 1977, c. 617.
VA Code § 8.01-199 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-199. Judgment, nature of

On any such motion, the judgment shall be for so much principal and interest as would be recoverable by action. It may be also for fifteen per centum damages in addition thereto when the proceeding is against a treasurer, sheriff, or other collector, or his sureties, or his or their personal representatives, for taxes or other public money which ought to have been paid into the state treasury. In such proceeding, the court, in pronouncing judgment, may consider all the circumstances, and give judgment for the damages or not, or for such part of the damages, as it may deem proper.Code 1950, § 8-762; 1977, c. 617.
VA Code § 8.01-200 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-200. Mistakes against State corrected

After a debt to the Commonwealth shall have been paid, if it appear that an error or mistake has been committed to its prejudice, whether before or after the issuing of execution, a motion may be made on ten days' notice against any person liable for the debt, for the amount of such error or mistake, and judgment may be given therefor, without interest or damages thereon.Code 1950, § 8-763; 1977, c. 617.
VA Code § 8.01-201 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-201. Execution; real estate to be sold

In a writ of fieri facias upon a judgment or decree against any person indebted or liable to the Commonwealth, or against any surety of his, after the words "we command you that of the," the clerk shall insert the words "goods, chattels, and real estate," and conform the subsequent part of such writ thereto. And under any writ so issued, real estate may be taken and sold.Code 1950, § 8-764; 1977, c. 617.
VA Code § 8.01-202 (2021)
2021 Code of Virginia|Title 8.01 - Civil Remedies and Procedure|Chapter 3 - Actions|§ 8.01-202. Execution, to whom issued

An execution on behalf of the Commonwealth from the Circuit Court of the City of Richmond may, if the Comptroller see fit, be directed to any sheriff, of any political subdivision, and shall be served by any of such officers in whose hands the Comptroller may cause it to be placed.Code 1950, § 8-765; 1977, c. 617.