2006 Code of Virginia § 8.01-156 - Authority of sheriffs, etc., to store and sell personal property removed from premises; recovery o...

8.01-156. Authority of sheriffs, etc., to store and sell personal propertyremoved from premises; recovery of possession by owner; disposition or sale.

In any county or city, when personal property is removed from premisespursuant to an action of unlawful detainer or ejectment, or pursuant to anyother action in which personal property is removed from premises in order torestore such premises to the person entitled thereto, the sheriff shalloversee the removal of such personal property and it shall be placed in astorage area designated by the governing body of the county or city if suchan area has been so designated, or, in the case of a manufactured home, atthe request of the owner of the real property, to be placed into a storagearea designated by the owner of the real property which may be themanufactured home lot or other location within the manufactured home park,unless the owner of such personal property then and there removes it from thepublic way. The sheriff and the owner of the real property shall not have anyliability for the loss of any such manufactured home remaining on themanufactured home lot, nor shall they have any liability for the loss of anyremoved personal property.

The owner, before obtaining possession of such personal property so placed ina storage area shall pay to the parties entitled thereto the reasonable andnecessary costs incidental to such removal and storage. Should such ownerfail or refuse to pay such costs within 30 days from the date of placing theproperty in storage, the sheriff shall, after due notice to the owner andholders of liens of record, dispose of the property by publicly advertisedpublic sale. The proceeds from such sale shall be used to pay all costs ofremoval, storage, and sale, all fees and liens, and the balance of such fundsshall be paid to the person entitled thereto. Should the cost of removal andstorage exceed the proceeds realized from such sale the county or city shallreimburse the sheriff for such excess, except that any such excess costsrelated to the disposal of a manufactured home shall be paid by the owner ofthe real property from which the manufactured home was removed. The sheriff,in his discretion, may refuse to remove or dispose of such manufactured homeuntil the owner of the real property pays to the sheriff the estimated costof such removal and disposition. Subsequent to disposition, the sheriff shallreimburse the owner to the extent the actual cost is less than the estimatedcost, or shall request additional payment to the extent the actual costexceeds 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.)