{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-209.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-209.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-209.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-209.html"}],"law_id":72488,"edition_id":1,"section_id":72488,"structure_id":15324,"section_number":"15.2-209","catch_line":"Notice to be given to counties, cities, and towns of tort claims for damages","history":"2007, c. 368; 2016, c. 772.","full_text":"A\n\nEvery claim cognizable against any county, city, or town for negligence shall be forever barred unless the claimant or his agent, attorney, or representative has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred, within six months after such cause of action accrued. Failure to provide such statement shall not bar a claim against any county, city, or town, provided that the attorney, chief executive, or mayor of such locality, or any insurer or entity providing coverage or indemnification of the claim, had actual knowledge of the claim, which includes the nature of the claim and the time and place at which the injury is alleged to have occurred, within six months after such cause of action accrued. However, if the claimant was under a disability at the time the cause of action accrued, the tolling provisions of § 8.01-229 shall apply.B\n\nThe statement shall be filed with the county, city, or town attorney or with the chief executive or mayor of the county, city, or town.C\n\nThe notice is deemed filed when it is received in the office of the official to whom the notice is directed. The notice may be delivered by hand, by any form of United States mail service (including regular, certified, registered or overnight mail), or by commercial delivery service.D\n\nIn any action contesting the filing of the notice of claim, the burden of proof shall be on the claimant to establish receipt of the notice in conformity with this section. A signed United States mail return receipt indicating the date of delivery, or any other form of signed and dated acknowledgment of delivery, given by authorized personnel in the office of the official with whom the statement is filed, shall be prima facie evidence of filing of the notice under this section.E\n\nThis section does not, and shall not be construed to, abrogate, limit, expand or modify the sovereign immunity of any county, city, town, or any officer, agent or employee of the foregoing.F\n\nThis section, on and after June 30, 1954, shall take precedence over the provisions of all charters and amendments thereto of municipal corporations in conflict herewith granted prior to such date. It is further declared that as to any such charter or amendment thereto, granted on and after such date, that any provision therein in conflict with this section shall be deemed to be invalid as being in conflict with Article IV, Section 12 of the Constitution of Virginia unless such conflict be stated in the title to such proposed charter or amendment thereto by the words “conflicting with § 15.2-209 of the Code” or substantially similar language.G\n\nThe provisions of this section are mandatory and shall be strictly construed. This section is procedural and compliance with its provisions is not jurisdictional.","order_by":null,"text":{"0":{"id":261056,"text":"Every claim cognizable against any county, city, or town for negligence shall be forever barred unless the claimant or his agent, attorney, or representative has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred, within six months after such cause of action accrued. Failure to provide such statement shall not bar a claim against any county, city, or town, provided that the attorney, chief executive, or mayor of such locality, or any insurer or entity providing coverage or indemnification of the claim, had actual knowledge of the claim, which includes the nature of the claim and the time and place at which the injury is alleged to have occurred, within six months after such cause of action accrued. However, if the claimant was under a disability at the time the cause of action accrued, the tolling provisions of § 8.01-229 shall apply.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":261057,"text":"The statement shall be filed with the county, city, or town attorney or with the chief executive or mayor of the county, city, or town.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":261058,"text":"The notice is deemed filed when it is received in the office of the official to whom the notice is directed. The notice may be delivered by hand, by any form of United States mail service (including regular, certified, registered or overnight mail), or by commercial delivery service.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":261059,"text":"In any action contesting the filing of the notice of claim, the burden of proof shall be on the claimant to establish receipt of the notice in conformity with this section. A signed United States mail return receipt indicating the date of delivery, or any other form of signed and dated acknowledgment of delivery, given by authorized personnel in the office of the official with whom the statement is filed, shall be prima facie evidence of filing of the notice under this section.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":261060,"text":"This section does not, and shall not be construed to, abrogate, limit, expand or modify the sovereign immunity of any county, city, town, or any officer, agent or employee of the foregoing.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":261061,"text":"This section, on and after June 30, 1954, shall take precedence over the provisions of all charters and amendments thereto of municipal corporations in conflict herewith granted prior to such date. It is further declared that as to any such charter or amendment thereto, granted on and after such date, that any provision therein in conflict with this section shall be deemed to be invalid as being in conflict with Article IV, Section 12 of the Constitution of Virginia unless such conflict be stated in the title to such proposed charter or amendment thereto by the words “conflicting with § 15.2-209 of the Code” or substantially similar language.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":261062,"text":"The provisions of this section are mandatory and shall be strictly construed. This section is procedural and compliance with its provisions is not jurisdictional.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"ancestry":[{"id":15324,"edition_id":1,"name":"Local Government Charters","identifier":"2","label":"chapter","depth":3,"order_by":1,"parent_id":13138,"metadata":{},"date_created":"2026-06-26 03:53:59","date_modified":"2026-06-26 03:53:59","permalink":{"id":151345,"object_type":"structure","relational_id":15324,"identifier":"2","token":"15.2\/I\/2","url":"\/15.2\/I\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13138,"edition_id":1,"name":"General Provisions; Charters; Other Forms and Organization of Counties","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:44:20","date_modified":"2026-06-26 03:44:20","permalink":{"id":151281,"object_type":"structure","relational_id":13138,"identifier":"I","token":"15.2\/I","url":"\/15.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87139,"structure_id":15324,"section_number":"15.2-200","catch_line":"Required procedure for obtaining new charter or amendment","url":"\/15.2-200\/","token":"15.2\/I\/2\/15.2-200","metadata":false},{"id":66471,"structure_id":15324,"section_number":"15.2-201","catch_line":"Charter elections; subsequent procedure; procedure when bill not introduced or fails to pass in General Assembly","url":"\/15.2-201\/","token":"15.2\/I\/2\/15.2-201","metadata":false},{"id":59541,"structure_id":15324,"section_number":"15.2-202","catch_line":"Public hearing in lieu of election; procedure when bill not introduced or fails to pass in General Assembly","url":"\/15.2-202\/","token":"15.2\/I\/2\/15.2-202","metadata":false},{"id":68624,"structure_id":15324,"section_number":"15.2-203","catch_line":"Legislation granting or amending charter evidence of compliance with requirements","url":"\/15.2-203\/","token":"15.2\/I\/2\/15.2-203","metadata":false},{"id":68313,"structure_id":15324,"section_number":"15.2-204","catch_line":"Uniform charter powers","url":"\/15.2-204\/","token":"15.2\/I\/2\/15.2-204","metadata":false},{"id":80616,"structure_id":15324,"section_number":"15.2-205","catch_line":"Use of provisions of chapter not authorized for certain purposes","url":"\/15.2-205\/","token":"15.2\/I\/2\/15.2-205","metadata":false},{"id":58349,"structure_id":15324,"section_number":"15.2-206","catch_line":"Special elections; request for abolition of certain local constitutional offices","url":"\/15.2-206\/","token":"15.2\/I\/2\/15.2-206","metadata":false},{"id":87493,"structure_id":15324,"section_number":"15.2-207","catch_line":"Boundaries of municipal corporations continued; charters not to contain metes and bounds; incorporated by reference","url":"\/15.2-207\/","token":"15.2\/I\/2\/15.2-207","metadata":false},{"id":71536,"structure_id":15324,"section_number":"15.2-208","catch_line":"Boundaries of counties","url":"\/15.2-208\/","token":"15.2\/I\/2\/15.2-208","metadata":false},{"id":72488,"structure_id":15324,"section_number":"15.2-209","catch_line":"Notice to be given to counties, cities, and towns of tort claims for damages","url":"\/15.2-209\/","token":"15.2\/I\/2\/15.2-209","metadata":false}],"previous_section":{"id":71536,"structure_id":15324,"section_number":"15.2-208","catch_line":"Boundaries of counties","url":"\/15.2-208\/","token":"15.2\/I\/2\/15.2-208","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-209\/","history_text":"

This law was first created in 2007. The record of its establishment is cataloged in chapter 368<\/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. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2016, chapter 772<\/a>.<\/p>","references":[{"id":72488,"section_number":"15.2-209","catch_line":"Notice to be given to counties, cities, and towns of tort claims for damages","order_by":null,"url":"\/15.2-209\/"}],"refers_to":[{"id":72488,"section_number":"15.2-209","catch_line":"Notice to be given to counties, cities, and towns of tort claims for damages","order_by":null,"url":"\/15.2-209\/"},{"id":64704,"section_number":"8.01-229","catch_line":"Suspension or tolling of statute of limitations; effect of disabilities; effect of death; injunction; prevention of service by defendant; dismissal, nonsuit or abatement; devise for payment of debts; new promises; debts proved in creditors' suits","order_by":null,"url":"\/8.01-229\/"}],"permalink":{"id":151383,"object_type":"law","relational_id":72488,"identifier":"15.2-209","token":"15.2\/I\/2\/15.2-209","url":"\/15.2-209\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-209\/","token":"15.2\/I\/2\/15.2-209","dublin_core":{"Title":"Notice to be given to counties, cities, and towns of tort claims for damages","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-209","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Every claim cognizable against any county<\/span>, city<\/span>, or town<\/span> for negligence<\/span> shall be forever barred unless the claimant or his agent, attorney, or representative has filed a written statement of the nature of the claim, which includes the time and place at which the injury is alleged to have occurred, within six months after such cause of action<\/span> accrued. Failure to provide such statement shall not bar a claim against any county<\/span>, city<\/span>, or town<\/span>, provided that the attorney, chief executive, or mayor of such locality<\/span>, or any insurer or entity providing coverage or indemnification of the claim, had actual knowledge of the claim, which includes the nature of the claim and the time and place at which the injury is alleged to have occurred, within six months after such cause of action<\/span> accrued. However, if the claimant was under a disability at the time the cause of action<\/span> accrued, the tolling provisions of § 8.01-229<\/a> shall apply. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The statement shall be filed with the county<\/span>, city<\/span>, or town<\/span> attorney or with the chief executive or mayor of the county<\/span>, city<\/span>, or town<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The notice is deemed filed when it is received in the office of the official to whom the notice is directed. The notice may be delivered by hand, by any form of United States mail service (including regular, certified, registered or overnight mail), or by commercial delivery service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In any action contesting the filing of the notice of claim, the burden of proof<\/span> shall be on the claimant to establish receipt of the notice in conformity with this section. A signed United States mail return receipt indicating the date of delivery, or any other form of signed and dated acknowledgment of delivery, given by authorized personnel in the office of the official with whom the statement is filed, shall be prima facie evidence<\/span> of filing of the notice under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This section does not, and shall not be construed to, abrogate, limit, expand or modify the sovereign immunity of any county<\/span>, city<\/span>, town<\/span>, or any officer, agent or employee of the foregoing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> This section, on and after June 30, 1954, shall take precedence over the provisions of all charters and amendments thereto of municipal corporations in conflict herewith granted prior to such date. It is further declared that as to any such charter or amendment thereto, granted on and after such date, that any provision therein in conflict with this section shall be deemed to be invalid as being in conflict with Article IV, Section 12 of the Constitution of Virginia unless such conflict be stated in the title to such proposed charter or amendment thereto by the words “conflicting with § 15.2-209<\/a> of the Code” or substantially similar language. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The provisions of this section are mandatory and shall be strictly construed. This section is procedural and compliance with its provisions is not jurisdictional. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE TO BE GIVEN TO COUNTIES, CITIES, AND TOWNS OF TORT CLAIMS FOR DAMAGES (\u00a7\n15.2-209)\n\nA. Every claim cognizable against any county, city, or town for negligence shall\nbe forever barred unless the claimant or his agent, attorney, or representative\nhas filed a written statement of the nature of the claim, which includes the\ntime and place at which the injury is alleged to have occurred, within six\nmonths after such cause of action accrued. Failure to provide such statement\nshall not bar a claim against any county, city, or town, provided that the\nattorney, chief executive, or mayor of such locality, or any insurer or entity\nproviding coverage or indemnification of the claim, had actual knowledge of the\nclaim, which includes the nature of the claim and the time and place at which\nthe injury is alleged to have occurred, within six months after such cause of\naction accrued. However, if the claimant was under a disability at the time the\ncause of action accrued, the tolling provisions of § 8.01-229 shall apply.\n\nB. The statement shall be filed with the county, city, or town attorney or with\nthe chief executive or mayor of the county, city, or town.\n\nC. The notice is deemed filed when it is received in the office of the official\nto whom the notice is directed. The notice may be delivered by hand, by any form\nof United States mail service (including regular, certified, registered or\novernight mail), or by commercial delivery service.\n\nD. In any action contesting the filing of the notice of claim, the burden of\nproof shall be on the claimant to establish receipt of the notice in conformity\nwith this section. A signed United States mail return receipt indicating the\ndate of delivery, or any other form of signed and dated acknowledgment of\ndelivery, given by authorized personnel in the office of the official with whom\nthe statement is filed, shall be prima facie evidence of filing of the notice\nunder this section.\n\nE. This section does not, and shall not be construed to, abrogate, limit, expand\nor modify the sovereign immunity of any county, city, town, or any officer,\nagent or employee of the foregoing.\n\nF. This section, on and after June 30, 1954, shall take precedence over the\nprovisions of all charters and amendments thereto of municipal corporations in\nconflict herewith granted prior to such date. It is further declared that as to\nany such charter or amendment thereto, granted on and after such date, that any\nprovision therein in conflict with this section shall be deemed to be invalid as\nbeing in conflict with Article IV, Section 12 of the Constitution of Virginia\nunless such conflict be stated in the title to such proposed charter or\namendment thereto by the words “conflicting with § 15.2-209 of the\nCode” or substantially similar language.\n\nG. The provisions of this section are mandatory and shall be strictly construed.\nThis section is procedural and compliance with its provisions is not\njurisdictional.\n\nHISTORY: 2007, c. 368; 2016, c. 772.","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}}