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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 excess
] costs related to the disposal of a manufactured home shall be paid by the
owner of the [ property upon which the home is located 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. ]