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2008 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 8.01-268 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-268. When and how docketed and indexed.
A. No lis pendens or attachment shall bind or affect a
subsequent bona fide purchaser of real or personal estate for valuable
consideration and without actual notice of such lis pendens or attachment,
until and except from the time a memorandum setting forth the title of the
cause or attachment, the general object thereof, the court wherein it is
pending, the amount of the claim asserted by the plaintiff, a description of
the property, and the name of the person whose estate is intended to be
affected thereby, and in an action to enforce a zoning ordinance a
description of the alleged violation, shall be admitted to record in the
clerk's office of the circuit court of the county or the city wherein the
property is located; or if it be in that part of the City of Richmond lying
north of the south bank of the James River and including the islands in such
river, in the clerk's office of the Circuit Court, Division I, of such city, or
if it be in the part of the City of Richmond lying south of the south bank of
the James River, in the clerk's office of the Circuit Court, Division II, of
such city. Clerks of circuit courts are authorized and directed to admit to
record memoranda of lis pendens or attachment for actions pending in any court
of this Commonwealth, or in any other state, federal, or territorial court. The
provisions of this section shall not be construed to mean that any such
memoranda heretofore recorded are not properly of record. Such memorandum shall
not be deemed to have been recorded unless and until indexed as required by
law. A memorandum of lis pendens admitted to record in an action to enforce
a zoning ordinance shall expire after 180 days.
B. No memorandum of lis pendens shall be filed unless the action on which the lis pendens is based seeks to establish an interest by the filing party in the real property described in the memorandum, or unless the action on which the lis pendens is based seeks to enforce a zoning ordinance.