reglab/statecodes huggingface dataset:
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-140. Effect of reservation in deed; burden of proof

In any action, suit or other judicial proceeding involving the title to land embraced in the exterior boundaries of any patent, deed or other writing, which reserves one or more parcels of land from the operation of such patent, deed or other writing, if there be no claim made by a party to the proceedings that the land in controversy, or any part thereof, lies within such reservation, such patent, deed or other writing shall be construed, and shall have the same effect, as if it contained no such reservation; and if any party to such proceeding claims that the land in controversy, or any part thereof, lies within such reservation, the burden shall be upon him to prove the fact, and all land not shown by a preponderance of the evidence to lie within such reservation shall be deemed to lie without the same.
This section shall apply in cases involving the right to the proceeds of any such land when condemned or sold, as well as in cases where the title to land is directly involved, and shall apply in any case in which the title to any part of the land, or its proceeds, but for this section, would or might be in this Commonwealth.
Code 1950, § 8-810; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-141. When action by cotenants, etc., against cotenants, what plaintiff to prove

If the action be by one or more tenants in common, joint tenants or coparceners against their cotenants, the plaintiff shall be bound to prove actual ouster or some other act amounting to total denial of the plaintiff's right as cotenant.
Code 1950, § 8-811; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-142. Verdict when action against several defendants

If the action be against several defendants, and a joint possession of all be proved, and the plaintiff be entitled to a verdict, it shall be against all, whether they pleaded separately or jointly.
Code 1950, § 8-812; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-143. When there may be several judgments against defendants

If the action be against several defendants, and it appear on the trial that any of them occupy distinct parcels in severalty or jointly, and that other defendants possess other parcels in severalty or jointly, the plaintiff may recover several judgments against them, for the parcels so held by one or more of the defendants, separately from others.
Code 1950, § 8-813; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-144. Recovery of part of premises claimed

The plaintiff may recover any specific or any undivided part or share of the premises, though it be less than he claimed in the motion for judgment.
Code 1950, § 8-814; 1954, c. 333; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-146. When vendee, etc., entitled to conveyance of legal title, vendor cannot recover

A vendor, or any claiming under him, shall not, at law any more than in equity, recover against a vendee, or those claiming under him, lands sold by such vendor to such vendee, when there is a writing, stating the purchase and the terms thereof, signed by the vendor or his agent and there has been such payment or performance of what was contracted to be paid or performed on the part of the vendee, as would in equity entitle him, or those claiming under him, to a conveyance of the legal title of such land from the vendor, or those claiming under him, without condition.
Code 1950, § 8-816; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-147. When mortgagee or trustee not to recover

The payment of the whole sum, or the performance of the whole duty, or the accomplishment of the whole purpose, which any mortgage or deed of trust may have been made to secure or effect, shall prevent the grantee, or his heirs, from recovering at law, by virtue of such mortgage or deed of trust, property thereby conveyed, whenever the defendant would in equity be entitled to a decree, revesting the legal title in him without condition.
Code 1950, § 8-817; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-148. Right of defendant to resort to equity not affected

Whether the defendant shall or shall not make or attempt a defense under §§ 8.01-146 and 8.01-147, he shall not be precluded from resorting to equity for any relief to which he would have been entitled if such sections had not been enacted.
Code 1950, § 8-818; 1954, c. 333; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-149. Verdict when jury finds for plaintiffs or any of them

If the jury be of opinion for the plaintiffs, or any of them, the verdict shall be for the plaintiffs, or such of them as appear to have right to the possession of the premises, or any part thereof, and against such of the defendants as were in possession thereof or claimed title thereto at the commencement of the action.
Code 1950, § 8-819; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-151. How verdict to specify premises recovered

When the right of the plaintiff is proved to all the premises claimed, the verdict shall be for the premises generally as specified in the motion for judgment, but if it be proved to only a part or share of the premises, the verdict shall specify such part particularly as the same is proved, and with the same certainty of description as is required in the motion for judgment.
Code 1950, § 8-821; 1954, c. 333; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-152. How verdict to specify undivided interest or share

If the verdict be for an undivided share or interest in the premises claimed, it shall specify the same, and if for an undivided share or interest of a part of the premises, it shall specify such share or interest, and describe such part as before required.
Code 1950, § 8-822; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-153. Verdict to specify estate of plaintiff

The verdict shall also specify the estate found in the plaintiff, whether it be in fee or for life, stating for whose life, or whether it be a term of years, and specifying the duration of such term.
Code 1950, § 8-823; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-154. When right of plaintiff expires before trial, what judgment entered

If the right or title of a plaintiff in ejectment expire after the commencement of the suit, but before trial, the verdict shall be according to the fact, and judgment shall be entered for his damages sustained from the withholding of the premises by the defendant, and as to the premises claimed, the judgment shall be for the defendant.
Code 1950, § 8-824; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-155. How judgment for plaintiff entered

The judgment for the plaintiff shall be, that he recover the possession of the premises, according to the verdict of the jury, if there be a verdict, or if the judgment be by default, or on demurrer, according to the description thereof in the motion for judgment.
Code 1950, § 8-825; 1954, c. 333; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-156. Authority of sheriffs, etc., to store and sell personal property removed from premises; recovery of possession by owner; disposition or sale

In any county or city, when personal property is removed from premises pursuant to an action of unlawful detainer or ejectment, or pursuant to any other action in which personal property is removed from premises in order to restore such premises to the person entitled thereto, the sheriff shall oversee the removal of such personal property and it shall be placed in a storage area designated by the governing body of the county or city if such an area has been so designated, or, in the case of a manufactured home, at the request of the owner of the real property, to be placed into a storage area designated by the owner of the real property which may be the manufactured home lot or other location within the manufactured home park, unless the owner of such personal property then and there removes it from the public way. The sheriff and the owner of the real property shall not have any liability for the loss of any such manufactured home remaining on the manufactured home lot, nor shall they have any liability for the loss of any removed personal property.
The owner, before obtaining possession of such personal property so placed in a storage area shall pay to the parties entitled thereto the reasonable and necessary costs incidental to such removal and storage. Should such owner fail or refuse to pay such costs within 30 days from the date of placing the property in storage, the sheriff shall, after due notice to the owner and holders of liens of record, dispose of the property by publicly advertised public sale. The proceeds from such sale shall be used to pay all costs of removal, storage, and sale, all fees and liens, and the balance of such funds shall be paid to the person entitled thereto. Should the cost of removal and storage exceed the proceeds realized from such sale the county or city shall reimburse the sheriff for such excess, except that any such excess costs related to the disposal of a manufactured home shall be paid by the owner of the real property from which the manufactured home was removed. The sheriff, in his discretion, may refuse to remove or dispose of such manufactured home until the owner of the real property pays to the sheriff the estimated cost of such removal and disposition. Subsequent to disposition, the sheriff shall reimburse the owner to the extent the actual cost is less than the estimated cost, or shall request additional payment to the extent the actual cost exceeds the estimated cost.
Code 1950, § 8-825.1; 1964, c. 387; 1977, c. 617; 1992, c. 454; 1993, c. 16; 2005, c. 791; 2006, c. 129.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-158. How claim of plaintiff for profits and damages assessed

If the plaintiff file with his motion for judgment a statement of the profits and other damages which he means to demand, and the jury find in his favor, they shall, at the same time, unless the court otherwise order, assess the damages for mesne profits of the land for any period not exceeding five years previously to the commencement of the suit until the verdict, and also the damages for any destruction or waste of the buildings or other property during the same time for which the defendant is chargeable.
Code 1950, § 8-827; 1954, c. 333; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-159. When court to assess damages

If there be no issue of fact tried in the cause, and judgment is to be rendered for the plaintiff on demurrer, or otherwise, such damages shall be assessed by the court, unless either party shall move to have them assessed by a jury, or the court shall think proper to have them so assessed, in which case a jury shall be impaneled to assess them. If the defendant is in default the court shall proceed to render judgment and assess damages as provided in Rule of Court 3:19.
Code 1950, § 8-828; 1954, c. 333; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-160. Defendant to give notice of claim for improvements

If the defendant intends to claim allowance for improvements made upon the premises by himself or those under whom he claims, he shall file with his pleading a statement of his claim therefor, in case judgment be rendered for the plaintiff.
Code 1950, § 8-829; 1954, c. 333; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-161. How allowed

In such case, the damages of the plaintiff, and the allowance to the defendant for improvements, shall be estimated, and the balance ascertained, and judgment therefor rendered, as prescribed in Article 15 (§ 8.01-166 et seq.) of this chapter.
Code 1950, § 8-830; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-163. Judgment to be conclusive

Any such judgment in an action of ejectment shall be conclusive as to the title or right of possession established in such action, upon the party against whom it is rendered, and against all persons claiming from, through, or under such party, by title accruing after the commencement of such action, except as hereinafter mentioned.
Code 1950, § 8-832; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-164. Recovery of mesne profits, etc., not affected

Nothing in this chapter shall prevent the plaintiff from recovering mesne profits, or damages done to the premises, from any person other than the defendant, who may be liable to such action.
Code 1950, § 8-834; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-166. How defendant may apply therefor, and have judgment suspended

Any defendant against whom a decree or judgment shall be rendered for land, when no assessment of damages has been made under Article 14 (§ 8.01-131 et seq.) of this chapter, may, at any time before the execution of the decree or judgment, present a pleading to the court rendering such decree or judgment, stating that he, or those under whom he claims while holding the premises under a title believed by him or them to have been good, have made permanent improvements thereon, and moving that he should have an allowance for the same which are over and above the value of the use and occupation of such land; and thereupon the court may, if satisfied of the probable truth of the allegation, suspend the execution of the judgment or decree, and impanel a jury to assess the damages of the plaintiff, and the allowances to the defendant for such improvements.
Code 1950, § 8-842; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-167. How damages of plaintiff assessed

The jury, in assessing such damages, either under this article or under Article 14 (§ 8.01-131 et seq.) of this chapter, shall determine the annual value of the premises during the time the defendant was in possession thereof, exclusive of the use by the tenant of the improvements thereon made by himself or those under whom he claims, and also the damages for waste or other injury to the premises committed by the defendant.
Code 1950, § 8-843; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-168. For what time

The defendant shall not be liable for such annual value for any longer time than five years before the suit, or for damages for any such waste or other injury done before such five years, except when he claims for improvements as aforesaid.
Code 1950, § 8-844; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-169. How value of improvements determined in favor of defendant

If the jury shall be satisfied that the defendant, or those under whom he claims, made on the premises, at a time when there was reason to believe the title good under which he or they were holding the same, permanent and valuable improvements, they shall determine the value of such improvements as were so made before receipt by the person making the same of notice in writing of the title under which the plaintiff claims, not exceeding the amount actually expended in making them, and not exceeding the amount to which the value of the premises is actually increased thereby at the time of such determination.
Code 1950, § 8-845; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-170. If allowance for improvements exceed damages, what to be done

If the sum determined for the improvements exceed the damages determined by the jury against the defendant as aforesaid, they shall then determine against him, for any time before such five years, the rents and profits accrued against, or damage for waste or other injury done by him, or those under whom he claims, so far as may be necessary to balance his claim for improvements, but in such case he shall not be liable for the excess, if any, of such rents and profits, or damages, beyond the value of the improvements.
Code 1950, § 8-846; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-171. Verdict for balance, after offsetting damages against improvements

After offsetting the damages assessed for the plaintiff and the allowances to the defendant for improvements, if any, the jury shall find a verdict for the balance for the plaintiff or defendant, as the case may be, and judgment or decree shall be entered therefor according to the verdict.
Code 1950, § 8-847; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-173. How tenant for life, paying for improvements, reimbursed

If the plaintiff claim only an estate for life in the land recovered, and pay any sum allowed to the defendant for improvements, he, or his personal representative at the determination of his estate, may recover from the remainderman or reversioner, the value of such improvements as they then exist, not exceeding the amount so paid by him, and shall have a lien therefor on the premises, in like manner as if they had been mortgaged for the payment thereof, and may keep possession of such premises until the same be paid.
Code 1950, § 8-849; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-174. Exception as to mortgagees and trustees

Nothing in this article, nor anything concerning rents, profits, and improvements, in Article 14 (§ 8.01-131 et seq.) of this chapter, shall extend or apply to any suit brought by a mortgagee, or trustee in a deed of trust to secure creditors, his heirs, or assigns, against a mortgagor or grantor in such deed of trust, his heirs, or assigns, for the recovery of the mortgaged premises or of the land conveyed by such deed of trust.
Code 1950, § 8-850; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-175. When plaintiff may require his estate only to be valued; how determined; how he may elect to relinquish his title to defendant

A. When the defendant shall claim allowance for improvements, the plaintiff may, by an entry on the record, require that the value of his estate in the premises, without the improvements, shall also be ascertained.
B. The value of the premises in such case shall be determined as it would have been at the time of the inquiry, if no such improvements had been made, and shall be ascertained in the manner hereinbefore provided for determining the value of improvements.
C. The plaintiff in such case, if judgment is rendered for him, may at any time, enter on the record his election to relinquish his estate in the premises to the defendant at the value so ascertained under this section, and the defendant shall thenceforth hold all the estate that the plaintiff had therein at the commencement of the suit, provided he pay therefor such value, with interest, in the manner in which the court may direct.
Code 1950, §§ 8-851, 8-852, 8-853; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-176. How payment of such value to be made by defendant; when land sold therefor

The payments shall be made to the plaintiff, or into court for his use, and the land shall be bound therefor, and if the defendant fail to make such payments within or at the times limited therefor respectively, the court may order the land to be sold and the proceeds applied to the payment of such value and interest, and the surplus, if any, to be paid to the defendant; but if the net proceeds be insufficient to satisfy such value and interest, the defendant shall not be bound for the deficiency.
Code 1950, § 8-854; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-177. When such value to be deemed real estate

If the party by or for whom the land is claimed in the suit be a person under a disability, such value shall be deemed to be real estate, and be disposed of as the court may consider proper for the benefit of the persons interested therein.
Code 1950, § 8-855; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-178. When and how defendant, if evicted, may recover from plaintiff amount paid

If the defendant or his heirs or assigns shall, after the premises are so relinquished to him, be evicted thereof by force of any better title than that of the original plaintiff, the person so evicted may recover from such plaintiff or his representative the amount so paid for the premises, as so much money had and received by such plaintiff in his lifetime for the use of such person, with lawful interest thereon from the time of such payment.
Code 1950, § 8-856; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-178.1. Waste; who is liable

A. Any tenant of land or any person who has aliened land who commits any waste while he is in possession of such land, unless he has special license to do so, shall be liable for damages.
B. Any tenant in common, joint tenant, or parcener who commits waste, shall be liable to his cotenants, jointly or severally, for damages.
C. Any guardian or conservator who commits waste of the estate of his ward shall be liable to the ward, at the expiration of his guardianship or conservatorship, for damages.
Code 1919, §§ 5506 through 5508; Code 1950, §§ 55-211 through 55-213; 1997, c. 801; 2019, c. 712.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-178.2. Civil action for waste; double damages

Any person who is injured due to another person's committing waste on his land may recover damages for such waste by initiating a civil action. If a jury finds that the waste was a result of wanton misconduct, judgment shall be for double the amount of damages assessed.
Code 1919, § 5509; Code 1950, § 55-214; 2019, c. 712.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-178.3. Waste for tenant to sell or remove manure from leased premises

If a tenant at will or for years, without a special license to do so, sells or otherwise removes manure made on such leased premises in the ordinary course of husbandry, consisting of (i) ashes leached or unleached; (ii) collections from the stables, barnyard, or cattle pens or other places on the leased premises; or (iii) composts formed by an admixture of any such manure with the soil or other substances, such removal shall be deemed waste for the purposes of the provisions of this article.
Code 1919, § 5510; Code 1950, § 55-215; 2019, c. 712.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-178.4. Waste committed during pendency of action

If a defendant who is a tenant in possession of land in an action initiated pursuant to § 8.01-178.2 commits any waste on the land, the court may, on petition of the plaintiff alleging such waste, verified by oath, and after reasonable notice to the tenant, prohibit the tenant from committing further waste on the land during the pendency of the action. Violation of such order by the tenant after he has been served with a copy may be punished as contempt. The order shall not be effective until the plaintiff gives bond with sufficient surety as prescribed by the court, with condition to pay to the tenant, in case the plaintiff does not succeed in recovering or charging the land, such damages as may accrue to the tenant as a consequence of such order. If the plaintiff succeeds in recovering or charging the land, he may recover three times the amount of the damages assessed for such waste.
Code 1919, § 5511; Code 1950, § 55-216; 2019, c. 712.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-179. Motion for judgment to establish boundary lines

Any person having a subsisting interest in real estate and a right to its possession, or to the possession of some share, interest or portion thereof, may file a motion for judgment to ascertain and designate the true boundary line or lines to such real estate as to one or more of the coterminous landowners. Plaintiff in stating his interest shall conform to the requirements of § 8.01-137, and shall describe with reasonable certainty such real estate and the boundary line or lines thereof which he seeks to establish.
Code 1950, § 8-836; 1954, c. 606; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-180. Parties defendant; pleadings

The plaintiff shall make defendants to such motion for judgment all persons having a present interest in the boundary line or lines sought to be ascertained and designated.
Code 1950, § 8-837; 1954, c. 606; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-181. Surveys

The court may appoint a surveyor and direct such surveys to be made as it deems necessary, and the costs thereof shall be assessed as the court may direct.
Code 1950, § 8-838; 1954, c. 606; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-183. Recordation and effect of judgment

The judgment of the court shall be recorded in the current deed book of the court. The judgment shall forever settle, determine, and designate the true boundary line or lines in question, between the parties, their heirs, devisees, and assigns. The judgment may be enforced in the same manner as a judgment in an action of ejectment.
Code 1950, § 8-840; 1977, c. 617.
2023 Code of Virginia › Title 8.01 - Civil Remedies and Procedure › Chapter 3 - Actions › § 8.01-184. Power to issue declaratory judgments

In cases of actual controversy, circuit courts within the scope of their respective jurisdictions shall have power to make binding adjudications of right, whether or not consequential relief is, or at the time could be, claimed and no action or proceeding shall be open to objection on the ground that a judgment order or decree merely declaratory of right is prayed for. Controversies involving the interpretation of deeds, wills, and other instruments of writing, statutes, municipal ordinances and other governmental regulations, may be so determined, and this enumeration does not exclude other instances of actual antagonistic assertion and denial of right.
Code 1950, § 8-578; 1977, c. 617.
2023 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; and
2. 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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, § 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 an Alford plea, 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; 2022, cc. 572, 573.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.