{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1418.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1418.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1418.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1418.5.html"}],"law_id":85167,"edition_id":1,"section_id":85167,"structure_id":13714,"section_number":"10.1-1418.5","catch_line":"Lien for waste tire pile removal","history":"2003, c. 101.","full_text":"A\n\nThe Commonwealth shall have a lien, if perfected as hereinafter provided, on land subject to removal action under § 10.1-1418.4 for the amount of the actual and reasonable costs incurred to complete such removal action.B\n\nThe Director shall perfect the lien given under the provisions of this section by filing, within six months after completion of the removal, in the clerk’s office of the court of the county or city in which the land or any part of the land is situated, a statement consisting of (i) the name of the owner of record of the property sought to be charged, (ii) an itemized account of moneys expended for the removal work, and (iii) a brief description of the property to which the lien attaches.C\n\nIt shall be the duty of the clerk of the court in whose office the statement described in subsection B is filed to record the statement in the deed books of the office and to index the statement in the general index of deeds in the name of the Commonwealth as well as the owner of the property, and shall show the type of such lien. From the time of such recording and indexing, all persons shall be deemed to have notice thereof.D\n\nLiens acquired under this section shall have priority as a lien second only to the lien of real estate taxes imposed upon the land.E\n\nAny party having an interest in the real property against which a lien has been filed may, within 60 days of such filing, petition the court of equity having jurisdiction wherein the property or some portion of the property is located to hold a hearing to review the amount of the lien. After reasonable notice to the Director, the court shall hold a hearing to determine whether such costs were reasonable. If the court determines that such charges were excessive, it shall determine the proper amount and order that the lien and the record be amended to show the new amount.F\n\nLiens acquired under this article shall be satisfied to the extent of the value of the consideration received at the time of transfer of ownership. Any unsatisfied portion shall remain as a lien on the property and shall be satisfied in accordance with this section. The proceeds from any lien shall be deposited in the Waste Tire Trust Fund established pursuant to § 10.1-1422.3. If an owner fails to satisfy a lien as provided herein, the Director may proceed to enforce the lien by a bill filed in the court of equity having jurisdiction wherein the property or some portion of the property is located.","order_by":null,"text":{"0":{"id":305173,"text":"The Commonwealth shall have a lien, if perfected as hereinafter provided, on land subject to removal action under § 10.1-1418.4 for the amount of the actual and reasonable costs incurred to complete such removal action.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":305174,"text":"The Director shall perfect the lien given under the provisions of this section by filing, within six months after completion of the removal, in the clerk’s office of the court of the county or city in which the land or any part of the land is situated, a statement consisting of (i) the name of the owner of record of the property sought to be charged, (ii) an itemized account of moneys expended for the removal work, and (iii) a brief description of the property to which the lien attaches.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":305175,"text":"It shall be the duty of the clerk of the court in whose office the statement described in subsection B is filed to record the statement in the deed books of the office and to index the statement in the general index of deeds in the name of the Commonwealth as well as the owner of the property, and shall show the type of such lien. From the time of such recording and indexing, all persons shall be deemed to have notice thereof.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":305176,"text":"Liens acquired under this section shall have priority as a lien second only to the lien of real estate taxes imposed upon the land.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":305177,"text":"Any party having an interest in the real property against which a lien has been filed may, within 60 days of such filing, petition the court of equity having jurisdiction wherein the property or some portion of the property is located to hold a hearing to review the amount of the lien. After reasonable notice to the Director, the court shall hold a hearing to determine whether such costs were reasonable. If the court determines that such charges were excessive, it shall determine the proper amount and order that the lien and the record be amended to show the new amount.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":305178,"text":"Liens acquired under this article shall be satisfied to the extent of the value of the consideration received at the time of transfer of ownership. Any unsatisfied portion shall remain as a lien on the property and shall be satisfied in accordance with this section. The proceeds from any lien shall be deposited in the Waste Tire Trust Fund established pursuant to § 10.1-1422.3. If an owner fails to satisfy a lien as provided herein, the Director may proceed to enforce the lien by a bill filed in the court of equity having jurisdiction wherein the property or some portion of the property is located.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13714,"edition_id":1,"name":"Litter Control and Recycling","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":12811,"metadata":{},"date_created":"2026-06-26 03:45:38","date_modified":"2026-06-26 03:45:38","permalink":{"id":146047,"object_type":"structure","relational_id":13714,"identifier":"3","token":"10.1\/II\/14\/3","url":"\/10.1\/II\/14\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12811,"edition_id":1,"name":"Virginia Waste Management Act","identifier":"14","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":145887,"object_type":"structure","relational_id":12811,"identifier":"14","token":"10.1\/II\/14","url":"\/10.1\/II\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58782,"structure_id":13714,"section_number":"10.1-1414","catch_line":"Definitions","url":"\/10.1-1414\/","token":"10.1\/II\/14\/3\/10.1-1414","metadata":false},{"id":74146,"structure_id":13714,"section_number":"10.1-1415","catch_line":"Litter Control Program","url":"\/10.1-1415\/","token":"10.1\/II\/14\/3\/10.1-1415","metadata":false},{"id":84258,"structure_id":13714,"section_number":"10.1-1415.1","catch_line":"Labeling of plastic container products required; 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cost recovery; right of entry","url":"\/10.1-1418.4\/","token":"10.1\/II\/14\/3\/10.1-1418.4","metadata":false},"next_section":{"id":78383,"structure_id":13714,"section_number":"10.1-1419","catch_line":"Litter receptacles; placement; penalty for violations","url":"\/10.1-1419\/","token":"10.1\/II\/14\/3\/10.1-1419","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1418.5\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 101<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":57084,"section_number":"10.1-1418.4","catch_line":"Removal of waste tire piles; cost recovery; right of entry","order_by":null,"url":"\/10.1-1418.4\/"}],"refers_to":[{"id":57084,"section_number":"10.1-1418.4","catch_line":"Removal of waste tire piles; cost recovery; right of entry","order_by":null,"url":"\/10.1-1418.4\/"},{"id":85656,"section_number":"10.1-1422.3","catch_line":"Waste Tire Trust Fund established; use of moneys; purpose of Fund","order_by":null,"url":"\/10.1-1422.3\/"}],"permalink":{"id":146093,"object_type":"law","relational_id":85167,"identifier":"10.1-1418.5","token":"10.1\/II\/14\/3\/10.1-1418.5","url":"\/10.1-1418.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1418.5\/","token":"10.1\/II\/14\/3\/10.1-1418.5","dublin_core":{"Title":"Lien for waste tire pile removal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1418.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commonwealth shall have a lien<\/span>, if perfected as hereinafter provided, on land subject to removal action under § 10.1-1418.4<\/a> for the amount of the actual and reasonable costs incurred to complete such removal action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Director<\/span> shall perfect the lien<\/span> given under the provisions of this section by filing, within six months after completion of the removal, in the clerk’s office of the court<\/span> of the county or city in which the land or any part of the land is situated, a statement consisting of (i) the name of the owner of record of the property sought to be charged, (ii) an itemized account of moneys expended for the removal work, and (iii) a brief<\/span> description of the property to which the lien<\/span> attaches. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> It shall be the duty of the clerk of the court<\/span> in whose office the statement described in subsection B is filed to record the statement in the deed books of the office and to index the statement in the general index of deeds in the name of the Commonwealth as well as the owner of the property, and shall show the type of such lien<\/span>. From the time of such recording and indexing, all persons<\/span> shall be deemed to have notice thereof. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Liens<\/span> acquired under this section shall have priority as a lien<\/span> second only to the lien<\/span> of real estate taxes imposed upon the land. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any party<\/span> having an interest in the real property against which a lien<\/span> has been filed may, within 60 days of such filing, petition<\/span> the court<\/span> of equity<\/span> having jurisdiction<\/span> wherein the property or some portion of the property is located to hold a hearing<\/span> to review the amount of the lien<\/span>. After reasonable notice to the Director<\/span>, the court<\/span> shall hold a hearing<\/span> to determine whether such costs were reasonable. If the court<\/span> determines that such charges were excessive, it shall determine the proper amount and order<\/span> that the lien<\/span> and the record be amended to show the new amount. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Liens<\/span> acquired under this article shall be satisfied to the extent of the value of the consideration received at the time of transfer of ownership. Any unsatisfied portion shall remain as a lien<\/span> on the property and shall be satisfied in accordance with this section. The proceeds from any lien<\/span> shall be deposited in the Waste<\/span> Tire Trust Fund<\/span> established pursuant to § 10.1-1422.3<\/a>. If an owner fails to satisfy a lien<\/span> as provided herein, the Director<\/span> may proceed to enforce the lien<\/span> by a bill filed in the court<\/span> of equity<\/span> having jurisdiction<\/span> wherein the property or some portion of the property is located. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIEN FOR WASTE TIRE PILE REMOVAL (\u00a7 10.1-1418.5)\n\nA. The Commonwealth shall have a lien, if perfected as hereinafter provided, on\nland subject to removal action under § 10.1-1418.4 for the amount of the\nactual and reasonable costs incurred to complete such removal action.\n\nB. The Director shall perfect the lien given under the provisions of this\nsection by filing, within six months after completion of the removal, in the\nclerk’s office of the court of the county or city in which the land or any\npart of the land is situated, a statement consisting of (i) the name of the\nowner of record of the property sought to be charged, (ii) an itemized account\nof moneys expended for the removal work, and (iii) a brief description of the\nproperty to which the lien attaches.\n\nC. It shall be the duty of the clerk of the court in whose office the statement\ndescribed in subsection B is filed to record the statement in the deed books of\nthe office and to index the statement in the general index of deeds in the name\nof the Commonwealth as well as the owner of the property, and shall show the\ntype of such lien. From the time of such recording and indexing, all persons\nshall be deemed to have notice thereof.\n\nD. Liens acquired under this section shall have priority as a lien second only\nto the lien of real estate taxes imposed upon the land.\n\nE. Any party having an interest in the real property against which a lien has\nbeen filed may, within 60 days of such filing, petition the court of equity\nhaving jurisdiction wherein the property or some portion of the property is\nlocated to hold a hearing to review the amount of the lien. After reasonable\nnotice to the Director, the court shall hold a hearing to determine whether such\ncosts were reasonable. If the court determines that such charges were excessive,\nit shall determine the proper amount and order that the lien and the record be\namended to show the new amount.\n\nF. Liens acquired under this article shall be satisfied to the extent of the\nvalue of the consideration received at the time of transfer of ownership. Any\nunsatisfied portion shall remain as a lien on the property and shall be\nsatisfied in accordance with this section. The proceeds from any lien shall be\ndeposited in the Waste Tire Trust Fund established pursuant to §\n10.1-1422.3. If an owner fails to satisfy a lien as provided herein, the\nDirector may proceed to enforce the lien by a bill filed in the court of equity\nhaving jurisdiction wherein the property or some portion of the property is\nlocated.\n\nHISTORY: 2003, c. 101.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}