Bill Text: VA HB1332 | 2024 | Regular Session | Introduced
Bill Title: Nuisance; action against adjoining property owner.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-02-13 - Left in Courts of Justice [HB1332 Detail]
Download: Virginia-2024-HB1332-Introduced.html
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 8.01-40.01 as follows:
§8.01-40.01. Nuisance; civil action against adjoining property owner.
A. Notwithstanding any other provisions of law, an action may be brought by a plaintiff property owner against the owner of an adjoining property alleged to be a nuisance for injury to the plaintiff's property in the circuit court of the jurisdiction in which such nuisance is alleged to exist.
B. Upon the filing of such an action, the plaintiff may file notice of lis pendens in the locality in which such property is located.
C. A hearing held pursuant to this section shall be held on or around 90 days after the filing of such action. If, at such hearing, the defendant provides evidence that he has taken all actions necessary to correct the nuisance, the case shall be dismissed.
D. If, at the hearing, the existence of a nuisance is established, the court may award damages incurred by the plaintiff as a result of such nuisance, in addition to reasonable costs and attorney fees.
E. The provisions of this section are in addition to, not in lieu of, any other remedies available at law.
