CHAPTER 387

An Act to amend the Code of Virginia, by adding a section numbered
8-825.1, so as to authorize sheriffs, city sergeants and constables in
counties and cities under certain circumstances to store and sell per-
sonal property removed from premises pursuant to certain actions,
and to provide for the disposition of the proceeds derived from such
sale.

[H 64]
Approved March 81, 1964

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
8-825.1, as follows:

§ 8-825. 1. In any county or city, when personal property is removed
from premises pursuant to an action of unlawful detainer or e) jectmen
or pursuant to any other action in which personal property is remov
from premises in order to restore such premises to the person entitled
thereto, the sheriff, city sergeant or constable shall cause such personal
property to be placed in a storage area, if such a storage area has been
designated by the governing body of such county or city, unless the owner
of such personal property then and there removes the same from the
public way.

The owner, before obtaining possession of such personal property so
placed in a storage area by the sheriff, city sergeant or constable shall
pay to the parties entitled thereto the reasonable and necessary costs

cidental to such removal and storage. Should such owner fail or refuse
to pay such costs within thirty days from the date of placing the property
in storage, the sheriff, city sergeant or constable 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, city sergeant or con-
stable for such excess.