{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2208.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2208.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2208.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2208.1.html"}],"law_id":60413,"edition_id":1,"section_id":60413,"structure_id":13080,"section_number":"15.2-2208.1","catch_line":"Damages for unconstitutional grant or denial by locality of certain permits and approvals","history":"2014, cc. 671, 717.","full_text":"A\n\nNotwithstanding any other provision of law, general or special, any applicant aggrieved by the grant or denial by a locality of any approval or permit, however described or delineated, including a special exception, special use permit, conditional use permit, rezoning, site plan, plan of development, and subdivision plan, where such grant included, or denial was based upon, an unconstitutional condition pursuant to the United States Constitution or the Constitution of Virginia, shall be entitled to an award of compensatory damages and to an order remanding the matter to the locality with a direction to grant or issue such permits or approvals without the unconstitutional condition and may be entitled to reasonable attorney fees and court costs.B\n\nIn any proceeding, once an unconstitutional condition has been proven by the aggrieved applicant to have been a factor in the grant or denial of the approval or permit, the court shall presume, absent clear and convincing evidence to the contrary, that such applicant’s acceptance of or refusal to accept the unconstitutional condition was the controlling basis for such impermissible grant or denial provided only that the applicant objected to the condition in writing prior to such grant or denial.C\n\nAny action brought pursuant to this section shall be filed with the circuit court having jurisdiction of the land affected or the greater part thereof, and the court shall hear and determine the case as soon as practical, provided that such action is filed within the time limit set forth in subsection C or D of § 15.2-2259, subsection D or E of § 15.2-2260, or subsection F of § 15.2-2285, as may be applicable.","order_by":null,"text":{"0":{"id":220922,"text":"Notwithstanding any other provision of law, general or special, any applicant aggrieved by the grant or denial by a locality of any approval or permit, however described or delineated, including a special exception, special use permit, conditional use permit, rezoning, site plan, plan of development, and subdivision plan, where such grant included, or denial was based upon, an unconstitutional condition pursuant to the United States Constitution or the Constitution of Virginia, shall be entitled to an award of compensatory damages and to an order remanding the matter to the locality with a direction to grant or issue such permits or approvals without the unconstitutional condition and may be entitled to reasonable attorney fees and court costs.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":220923,"text":"In any proceeding, once an unconstitutional condition has been proven by the aggrieved applicant to have been a factor in the grant or denial of the approval or permit, the court shall presume, absent clear and convincing evidence to the contrary, that such applicant’s acceptance of or refusal to accept the unconstitutional condition was the controlling basis for such impermissible grant or denial provided only that the applicant objected to the condition in writing prior to such grant or denial.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":220924,"text":"Any action brought pursuant to this section shall be filed with the circuit court having jurisdiction of the land affected or the greater part thereof, and the court shall hear and determine the case as soon as practical, provided that such action is filed within the time limit set forth in subsection C or D of § 15.2-2259, subsection D or E of § 15.2-2260, or subsection F of § 15.2-2285, as may be applicable.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13080,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:44:15","date_modified":"2026-06-26 03:44:15","permalink":{"id":154797,"object_type":"structure","relational_id":13080,"identifier":"1","token":"15.2\/II\/22\/1","url":"\/15.2\/II\/22\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12774,"edition_id":1,"name":"Planning, Subdivision of Land and 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adopted","url":"\/15.2-2203\/","token":"15.2\/II\/22\/1\/15.2-2203","metadata":false},{"id":73996,"structure_id":13080,"section_number":"15.2-2204","catch_line":"Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments","url":"\/15.2-2204\/","token":"15.2\/II\/22\/1\/15.2-2204","metadata":false},{"id":78283,"structure_id":13080,"section_number":"15.2-2205","catch_line":"Additional notice of planning or zoning matters","url":"\/15.2-2205\/","token":"15.2\/II\/22\/1\/15.2-2205","metadata":false},{"id":65873,"structure_id":13080,"section_number":"15.2-2206","catch_line":"When locality may require applicant to give notice; how given","url":"\/15.2-2206\/","token":"15.2\/II\/22\/1\/15.2-2206","metadata":false},{"id":64104,"structure_id":13080,"section_number":"15.2-2207","catch_line":"Public notice of juvenile residential care facilities in certain localities","url":"\/15.2-2207\/","token":"15.2\/II\/22\/1\/15.2-2207","metadata":false},{"id":72291,"structure_id":13080,"section_number":"15.2-2208","catch_line":"Restraining violations of chapter","url":"\/15.2-2208\/","token":"15.2\/II\/22\/1\/15.2-2208","metadata":false},{"id":60413,"structure_id":13080,"section_number":"15.2-2208.1","catch_line":"Damages for unconstitutional grant or denial by locality of certain permits and approvals","url":"\/15.2-2208.1\/","token":"15.2\/II\/22\/1\/15.2-2208.1","metadata":false},{"id":55396,"structure_id":13080,"section_number":"15.2-2208.2","catch_line":"Damages for an enforcement action undertaken by a locality with willful disregard for applicable law","url":"\/15.2-2208.2\/","token":"15.2\/II\/22\/1\/15.2-2208.2","metadata":false},{"id":75882,"structure_id":13080,"section_number":"15.2-2209","catch_line":"Civil penalties for violations of zoning 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bonds","url":"\/15.2-2209.2\/","token":"15.2\/II\/22\/1\/15.2-2209.2","metadata":false},{"id":64238,"structure_id":13080,"section_number":"15.2-2209.3","catch_line":"Residential land development and construction fee transparency; annual report","url":"\/15.2-2209.3\/","token":"15.2\/II\/22\/1\/15.2-2209.3","metadata":false}],"previous_section":{"id":72291,"structure_id":13080,"section_number":"15.2-2208","catch_line":"Restraining violations of chapter","url":"\/15.2-2208\/","token":"15.2\/II\/22\/1\/15.2-2208","metadata":false},"next_section":{"id":55396,"structure_id":13080,"section_number":"15.2-2208.2","catch_line":"Damages for an enforcement action undertaken by a locality with willful disregard for applicable law","url":"\/15.2-2208.2\/","token":"15.2\/II\/22\/1\/15.2-2208.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2208.1\/","history_text":"

This law was first created in 2014. The record of its establishment is cataloged in chapters 671<\/a> and 717<\/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":false,"refers_to":[{"id":57717,"section_number":"15.2-2259","catch_line":"Designated agent to act on proposed final plat","order_by":null,"url":"\/15.2-2259\/"},{"id":66152,"section_number":"15.2-2260","catch_line":"Localities may provide for submission of preliminary subdivision plats; how long valid","order_by":null,"url":"\/15.2-2260\/"},{"id":62867,"section_number":"15.2-2285","catch_line":"Preparation and adoption of zoning ordinance and map and amendments thereto; appeal","order_by":null,"url":"\/15.2-2285\/"}],"permalink":{"id":154835,"object_type":"law","relational_id":60413,"identifier":"15.2-2208.1","token":"15.2\/II\/22\/1\/15.2-2208.1","url":"\/15.2-2208.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2208.1\/","token":"15.2\/II\/22\/1\/15.2-2208.1","dublin_core":{"Title":"Damages for unconstitutional grant or denial by locality of certain permits and approvals","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2208.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any other provision of law<\/span>, general or special, any applicant aggrieved by the grant or denial by a locality<\/span> of any approval or permit, however described or delineated, including a special exception<\/span>, special use permit, conditional use permit, rezoning, site plan<\/span>, plan of development<\/span>, and subdivision plan, where such grant included, or denial was based upon, an unconstitutional condition pursuant to the United States Constitution or the Constitution of Virginia, shall be entitled to an award of compensatory damages<\/span> and to an order<\/span> remanding the matter to the locality<\/span> with a direction to grant or issue<\/span> such permits or approvals without the unconstitutional condition and may be entitled to reasonable attorney fees and court<\/span> costs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In any proceeding, once an unconstitutional condition has been proven by the aggrieved applicant to have been a factor in the grant or denial of the approval or permit, the court<\/span> shall presume, absent clear and convincing evidence<\/span> to the contrary, that such applicant’s acceptance of or refusal to accept the unconstitutional condition was the controlling basis for such impermissible grant or denial provided only that the applicant objected to the condition in writing prior to such grant or denial. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any action brought pursuant to this section shall be filed with the circuit<\/span> court<\/span> having jurisdiction<\/span> of the land affected or the greater part thereof, and the court<\/span> shall hear and determine the case as soon as practical, provided that such action is filed within the time limit set forth in subsection C or D of § 15.2-2259<\/a>, subsection D or E of § 15.2-2260<\/a>, or subsection F of § 15.2-2285<\/a>, as may be applicable. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDAMAGES FOR UNCONSTITUTIONAL GRANT OR DENIAL BY LOCALITY OF CERTAIN PERMITS AND\nAPPROVALS (\u00a7 15.2-2208.1)\n\nA. Notwithstanding any other provision of law, general or special, any applicant\naggrieved by the grant or denial by a locality of any approval or permit,\nhowever described or delineated, including a special exception, special use\npermit, conditional use permit, rezoning, site plan, plan of development, and\nsubdivision plan, where such grant included, or denial was based upon, an\nunconstitutional condition pursuant to the United States Constitution or the\nConstitution of Virginia, shall be entitled to an award of compensatory damages\nand to an order remanding the matter to the locality with a direction to grant\nor issue such permits or approvals without the unconstitutional condition and\nmay be entitled to reasonable attorney fees and court costs.\n\nB. In any proceeding, once an unconstitutional condition has been proven by the\naggrieved applicant to have been a factor in the grant or denial of the approval\nor permit, the court shall presume, absent clear and convincing evidence to the\ncontrary, that such applicant’s acceptance of or refusal to accept the\nunconstitutional condition was the controlling basis for such impermissible\ngrant or denial provided only that the applicant objected to the condition in\nwriting prior to such grant or denial.\n\nC. Any action brought pursuant to this section shall be filed with the circuit\ncourt having jurisdiction of the land affected or the greater part thereof, and\nthe court shall hear and determine the case as soon as practical, provided that\nsuch action is filed within the time limit set forth in subsection C or D of\n§ 15.2-2259, subsection D or E of § 15.2-2260, or subsection F of\n§ 15.2-2285, as may be applicable.\n\nHISTORY: 2014, cc. 671, 717.","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}}