{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2208.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2208.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2208.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2208.2.html"}],"law_id":55396,"edition_id":1,"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","history":"2023, c. 553.","full_text":"A\n\nNotwithstanding any other provision of law, general or special, any person against whom an enforcement action is carried out by a locality, of any ordinance or regulation developed pursuant to the authority of the provisions of this chapter, where the enforcement action was based upon a willful disregard for applicable law, regulation, or ordinance, shall be entitled to an award of compensatory damages and to an order remanding the matter to the locality with a direction to carry out any further enforcement in a manner consistent with the law, regulation, or ordinance and may be entitled to reasonable attorney fees and court costs.B\n\nAny action brought pursuant to this section may be filed with the general district court having jurisdiction of the locality, and the court shall hear and determine the case as soon as practical. Nothing in this section shall be construed to abrogate a claim of qualified immunity.","order_by":null,"text":{"0":{"id":203104,"text":"Notwithstanding any other provision of law, general or special, any person against whom an enforcement action is carried out by a locality, of any ordinance or regulation developed pursuant to the authority of the provisions of this chapter, where the enforcement action was based upon a willful disregard for applicable law, regulation, or ordinance, shall be entitled to an award of compensatory damages and to an order remanding the matter to the locality with a direction to carry out any further enforcement in a manner consistent with the law, regulation, or ordinance 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":203105,"text":"Any action brought pursuant to this section may be filed with the general district court having jurisdiction of the locality, and the court shall hear and determine the case as soon as practical. Nothing in this section shall be construed to abrogate a claim of qualified immunity.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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 Zoning","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":154795,"object_type":"structure","relational_id":12774,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","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":67218,"structure_id":13080,"section_number":"15.2-2200","catch_line":"Declaration of legislative intent","url":"\/15.2-2200\/","token":"15.2\/II\/22\/1\/15.2-2200","metadata":false},{"id":77758,"structure_id":13080,"section_number":"15.2-2201","catch_line":"Definitions","url":"\/15.2-2201\/","token":"15.2\/II\/22\/1\/15.2-2201","metadata":false},{"id":73449,"structure_id":13080,"section_number":"15.2-2202","catch_line":"Duties of state agencies; electric utilities","url":"\/15.2-2202\/","token":"15.2\/II\/22\/1\/15.2-2202","metadata":false},{"id":63989,"structure_id":13080,"section_number":"15.2-2203","catch_line":"Existing planning commissions and boards of zoning appeals; validation of plans previously 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 ordinance","url":"\/15.2-2209\/","token":"15.2\/II\/22\/1\/15.2-2209","metadata":false},{"id":76085,"structure_id":13080,"section_number":"15.2-2209.1","catch_line":"Extension of approvals to address housing crisis","url":"\/15.2-2209.1\/","token":"15.2\/II\/22\/1\/15.2-2209.1","metadata":false},{"id":54128,"structure_id":13080,"section_number":"15.2-2209.1:1","catch_line":"Extension of approvals to address the COVID-19 pandemic","url":"\/15.2-2209.1_1\/","token":"15.2\/II\/22\/1\/15.2-2209.1_1","metadata":false},{"id":55192,"structure_id":13080,"section_number":"15.2-2209.1:2","catch_line":"Extension of land use approvals for solar photovoltaic projects","url":"\/15.2-2209.1_2\/","token":"15.2\/II\/22\/1\/15.2-2209.1_2","metadata":false},{"id":83217,"structure_id":13080,"section_number":"15.2-2209.2","catch_line":"Public infrastructure maintenance 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":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},"next_section":{"id":75882,"structure_id":13080,"section_number":"15.2-2209","catch_line":"Civil penalties for violations of zoning ordinance","url":"\/15.2-2209\/","token":"15.2\/II\/22\/1\/15.2-2209","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2208.2\/","history_text":"

This law was first created in 2023. The record of its establishment is cataloged in chapter 553<\/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":false,"permalink":{"id":154839,"object_type":"law","relational_id":55396,"identifier":"15.2-2208.2","token":"15.2\/II\/22\/1\/15.2-2208.2","url":"\/15.2-2208.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2208.2\/","token":"15.2\/II\/22\/1\/15.2-2208.2","dublin_core":{"Title":"Damages for an enforcement action undertaken by a locality with willful disregard for applicable law","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2208.2","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 person against whom an enforcement action is carried out by a locality<\/span>, of any ordinance<\/span> or regulation developed pursuant to the authority of the provisions of this chapter, where the enforcement action was based upon a willful disregard for applicable law<\/span>, regulation, or ordinance<\/span>, 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 carry out any further enforcement in a manner consistent with the law<\/span>, regulation, or ordinance<\/span> 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> Any action brought pursuant to this section may be filed with the general district court<\/span> having jurisdiction<\/span> of the locality<\/span>, and the court<\/span> shall hear and determine the case as soon as practical. Nothing in this section shall be construed to abrogate a claim of qualified immunity. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDAMAGES FOR AN ENFORCEMENT ACTION UNDERTAKEN BY A LOCALITY WITH WILLFUL\nDISREGARD FOR APPLICABLE LAW (\u00a7 15.2-2208.2)\n\nA. Notwithstanding any other provision of law, general or special, any person\nagainst whom an enforcement action is carried out by a locality, of any\nordinance or regulation developed pursuant to the authority of the provisions of\nthis chapter, where the enforcement action was based upon a willful disregard\nfor applicable law, regulation, or ordinance, shall be entitled to an award of\ncompensatory damages and to an order remanding the matter to the locality with a\ndirection to carry out any further enforcement in a manner consistent with the\nlaw, regulation, or ordinance and may be entitled to reasonable attorney fees\nand court costs.\n\nB. Any action brought pursuant to this section may be filed with the general\ndistrict court having jurisdiction of the locality, and the court shall hear and\ndetermine the case as soon as practical. Nothing in this section shall be\nconstrued to abrogate a claim of qualified immunity.\n\nHISTORY: 2023, c. 553.","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}}