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2005 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-156 of the Code of Virginia is amended and reenacted as follows:
§ 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
cause such personal property to 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 and with the consent of the lot
owner, upon, 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.
The owner, before obtaining possession of such personal
property so placed in a storage area by the sheriff 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 thirty
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.