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2005 SESSION
054277264Be 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 the manufactured home lot, unless the owner of such personal property then and there removes it from the public way.
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
excessive costs related to the disposal of a
manufactured home shall be paid by the owner of the property
upon which the home is located.