{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-907.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-907.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-907.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-907.2.html"}],"law_id":82277,"edition_id":1,"section_id":82277,"structure_id":13288,"section_number":"15.2-907.2","catch_line":"Authority of locality or land bank entity to be appointed to act as a receiver to repair derelict and blighted buildings in certain limited circumstances","history":"2012, cc. 220, 761; 2017, c. 381; 2024, cc. 225, 242.","full_text":"A\n\nAny locality that has adopted an ordinance pursuant to \u00a7 15.2-907.1 may petition the circuit court for the appointment of the locality or a land bank entity created pursuant to the Land Bank Entities Act (\u00a7 15.2-7500 et seq.) to act as a receiver to repair real property that contains residential dwelling units only in accordance with all of the following:1\n\nThe locality has properly declared the subject property to be a derelict building in compliance with the provisions of § 15.2-907.1;2\n\nThe property owners are in noncompliance with the provisions of § 15.2-907.1;3\n\nThe locality has properly declared the subject property to be blighted in compliance with the provisions of § 36-49.1:1 for spot blight abatement, and the subject property is itself blighted;4\n\nThe property owners are in noncompliance with the provisions of § 36-49.1:1 requiring abatement of the blighted condition of the property;5\n\nThe locality has made bona fide efforts to ensure compliance by the property owners of the subject property with the requirements of §§ 15.2-907.1 and 36-49.1:1;6\n\nThe repairs to the subject property are necessary to bring the subject property into compliance with the provisions of the Uniform Statewide Building Code;7\n\nThe repairs to the subject property necessary to satisfy the requirements of subdivision 6 shall not result in a change of use for zoning purposes of the subject property;8\n\nUpon appointment by the circuit court to serve as a receiver, the locality or land bank entity shall have the authority to contract for all reasonable repairs necessary to bring the property into compliance with the provisions of the Uniform Statewide Building Code, subject to all applicable requirements of state and local procurement laws. Such repairs shall be made in a time period established by the court, but in no event shall a receivership exceed two years;9\n\nNotwithstanding any other provision of law, the provisions of this section are subject to the requirements of the Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.); and10\n\nNotwithstanding any other provisions of law, the subject property shall be eligible for any real estate abatement programs that exist in the locality.B\n\nA petition by the locality to be appointed, or to appoint a land bank entity created pursuant to the Land Bank Entities Act (§ 15.2-7500 et seq.), to act as a receiver shall include affirmative statements that the locality has satisfied each of the requirements of this section and further state that the locality has recorded a memorandum of lis pendens simultaneously with the filing of said petition. The costs of the receivership, along with reasonable attorney fees, incurred by the locality or land bank entity as receiver shall constitute a lien in favor of the locality or land bank entity against the subject property in accordance with the provisions of § 58.1-3340, and shall be on par with and collectible in the same manner as delinquent real estate taxes owed to the locality. The judicial proceedings herein shall be held in accordance with the requirements, statutory or arising at common law, relative to effecting the sale of real estate by a creditor’s bill in equity to subject real estate to the lien of a judgment creditor.C\n\nThe locality or land bank entity created pursuant to the Land Bank Entities Act (§ 15.2-7500 et seq.) appointed to be a receiver may enforce the receiver’s lien by a sale of the property at public auction, but only upon application for and entry of an order of sale by the circuit court. The court shall appoint a special commissioner to conduct the sale, and an attorney employed by the locality may serve as special commissioner. Such sale shall be upon order of the court entered after notice as required by the Rules of the Supreme Court of Virginia and following publication of notice of the sale three times in a newspaper of general circulation, with the first notice appearing no more than 35 days before and the third notice appearing no less than seven days before the sale. Following such public auction, the special commissioner shall file an accounting with the court and seek confirmation of the sale. Upon confirmation, the special commissioner shall be authorized to execute a deed conveying title, which shall pass free and clear to the purchaser at public auction. Following such sale, the former owner or owners, or any heirs, assignees, devisees, or successors in interest to the property shall be entitled to the surplus received in excess of the receiver’s lien, taxes, penalties, interest, reasonable attorney fees, costs, and any recorded liens chargeable against the property. At any time prior to confirmation of the sale provided for herein, the owner shall have the right to redeem the property, as provided for in subsection D. The character of the title acquired by the purchaser of the property at public auction shall be governed by the principles and rules applicable to the titles of purchases at judicial sales of real estate generally.D\n\nThe owner of any property subject to receivership may redeem the property at any time prior to the expiration of the two-year period or prior to confirmation of sale at public auction by paying the receiver’s lien in full and the taxes, penalties, interest, reasonable attorney fees, costs, and any recorded liens chargeable against the property. Partial payment shall not be sufficient to redeem the property and shall not operate to suspend the receivership.E\n\nIn lieu of appointment of a receiver, the circuit court shall permit repair by a property owner or a person with an interest in the property secured by a deed of trust properly recorded upon the following conditions:1\n\nDemonstration of the ability to complete the repair within a reasonable amount of time to be determined by the court; and2\n\nEntry of a court order setting forth a schedule for such repair.","order_by":null,"text":{"0":{"id":294852,"text":"Any locality that has adopted an ordinance pursuant to \u00a7 15.2-907.1 may petition the circuit court for the appointment of the locality or a land bank entity created pursuant to the Land Bank Entities Act (\u00a7 15.2-7500 et seq.) to act as a receiver to repair real property that contains residential dwelling units only in accordance with all of the following:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":294853,"text":"The locality has properly declared the subject property to be a derelict building in compliance with the provisions of § 15.2-907.1;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":294854,"text":"The property owners are in noncompliance with the provisions of § 15.2-907.1;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":294855,"text":"The locality has properly declared the subject property to be blighted in compliance with the provisions of § 36-49.1:1 for spot blight abatement, and the subject property is itself blighted;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":294856,"text":"The property owners are in noncompliance with the provisions of § 36-49.1:1 requiring abatement of the blighted condition of the property;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":294857,"text":"The locality has made bona fide efforts to ensure compliance by the property owners of the subject property with the requirements of §§ 15.2-907.1 and 36-49.1:1;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":294858,"text":"The repairs to the subject property are necessary to bring the subject property into compliance with the provisions of the Uniform Statewide Building Code;","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":294859,"text":"The repairs to the subject property necessary to satisfy the requirements of subdivision 6 shall not result in a change of use for zoning purposes of the subject property;","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"A8"},"8":{"id":294860,"text":"Upon appointment by the circuit court to serve as a receiver, the locality or land bank entity shall have the authority to contract for all reasonable repairs necessary to bring the property into compliance with the provisions of the Uniform Statewide Building Code, subject to all applicable requirements of state and local procurement laws. Such repairs shall be made in a time period established by the court, but in no event shall a receivership exceed two years;","type":"section","prefixes":["A","8"],"prefix":"8","entire_prefix":"A8","prefix_anchor":"A8","level":2,"prior_prefix":"A7","next_prefix":"A9"},"9":{"id":294861,"text":"Notwithstanding any other provision of law, the provisions of this section are subject to the requirements of the Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.); and","type":"section","prefixes":["A","9"],"prefix":"9","entire_prefix":"A9","prefix_anchor":"A9","level":2,"prior_prefix":"A8","next_prefix":"A10"},"10":{"id":294862,"text":"Notwithstanding any other provisions of law, the subject property shall be eligible for any real estate abatement programs that exist in the locality.","type":"section","prefixes":["A","10"],"prefix":"10","entire_prefix":"A10","prefix_anchor":"A10","level":2,"prior_prefix":"A9","next_prefix":"B"},"11":{"id":294863,"text":"A petition by the locality to be appointed, or to appoint a land bank entity created pursuant to the Land Bank Entities Act (§ 15.2-7500 et seq.), to act as a receiver shall include affirmative statements that the locality has satisfied each of the requirements of this section and further state that the locality has recorded a memorandum of lis pendens simultaneously with the filing of said petition. The costs of the receivership, along with reasonable attorney fees, incurred by the locality or land bank entity as receiver shall constitute a lien in favor of the locality or land bank entity against the subject property in accordance with the provisions of § 58.1-3340, and shall be on par with and collectible in the same manner as delinquent real estate taxes owed to the locality. The judicial proceedings herein shall be held in accordance with the requirements, statutory or arising at common law, relative to effecting the sale of real estate by a creditor’s bill in equity to subject real estate to the lien of a judgment creditor.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A10","next_prefix":"C"},"12":{"id":294864,"text":"The locality or land bank entity created pursuant to the Land Bank Entities Act (§ 15.2-7500 et seq.) appointed to be a receiver may enforce the receiver’s lien by a sale of the property at public auction, but only upon application for and entry of an order of sale by the circuit court. The court shall appoint a special commissioner to conduct the sale, and an attorney employed by the locality may serve as special commissioner. Such sale shall be upon order of the court entered after notice as required by the Rules of the Supreme Court of Virginia and following publication of notice of the sale three times in a newspaper of general circulation, with the first notice appearing no more than 35 days before and the third notice appearing no less than seven days before the sale. Following such public auction, the special commissioner shall file an accounting with the court and seek confirmation of the sale. Upon confirmation, the special commissioner shall be authorized to execute a deed conveying title, which shall pass free and clear to the purchaser at public auction. Following such sale, the former owner or owners, or any heirs, assignees, devisees, or successors in interest to the property shall be entitled to the surplus received in excess of the receiver’s lien, taxes, penalties, interest, reasonable attorney fees, costs, and any recorded liens chargeable against the property. At any time prior to confirmation of the sale provided for herein, the owner shall have the right to redeem the property, as provided for in subsection D. The character of the title acquired by the purchaser of the property at public auction shall be governed by the principles and rules applicable to the titles of purchases at judicial sales of real estate generally.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"13":{"id":294865,"text":"The owner of any property subject to receivership may redeem the property at any time prior to the expiration of the two-year period or prior to confirmation of sale at public auction by paying the receiver’s lien in full and the taxes, penalties, interest, reasonable attorney fees, costs, and any recorded liens chargeable against the property. Partial payment shall not be sufficient to redeem the property and shall not operate to suspend the receivership.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"14":{"id":294866,"text":"In lieu of appointment of a receiver, the circuit court shall permit repair by a property owner or a person with an interest in the property secured by a deed of trust properly recorded upon the following conditions:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"15":{"id":294867,"text":"Demonstration of the ability to complete the repair within a reasonable amount of time to be determined by the court; and","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"16":{"id":294868,"text":"Entry of a court order setting forth a schedule for such repair.","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1"}},"ancestry":[{"id":13288,"edition_id":1,"name":"Public Health and Safety; 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recovery of costs","url":"\/15.2-900\/","token":"15.2\/II\/9\/1\/15.2-900","metadata":false},{"id":69383,"structure_id":13288,"section_number":"15.2-901","catch_line":"Locality may provide for removal or disposal of trash and clutter, cutting of grass, weeds, and running bamboo; penalty in certain counties; penalty","url":"\/15.2-901\/","token":"15.2\/II\/9\/1\/15.2-901","metadata":false},{"id":84118,"structure_id":13288,"section_number":"15.2-901.1","catch_line":"Locality may provide for control of running bamboo; civil penalty","url":"\/15.2-901.1\/","token":"15.2\/II\/9\/1\/15.2-901.1","metadata":false},{"id":83896,"structure_id":13288,"section_number":"15.2-902","catch_line":"Authority of locality to control certain noxious weeds","url":"\/15.2-902\/","token":"15.2\/II\/9\/1\/15.2-902","metadata":false},{"id":72183,"structure_id":13288,"section_number":"15.2-903","catch_line":"Ordinances taxing and regulating \"automobile graveyards,\" \"junkyards,\" and certain vacant and abandoned property","url":"\/15.2-903\/","token":"15.2\/II\/9\/1\/15.2-903","metadata":false},{"id":64391,"structure_id":13288,"section_number":"15.2-904","catch_line":"Authority to restrict keeping of inoperable motor vehicles, etc., on residential or commercial property; 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civil penalty","url":"\/15.2-926.4\/","token":"15.2\/II\/9\/1\/15.2-926.4","metadata":false}],"previous_section":{"id":62717,"structure_id":13288,"section_number":"15.2-907.1","catch_line":"Authority to require removal, repair, etc., of buildings that are declared to be derelict; civil penalty","url":"\/15.2-907.1\/","token":"15.2\/II\/9\/1\/15.2-907.1","metadata":false},"next_section":{"id":78494,"structure_id":13288,"section_number":"15.2-908","catch_line":"Authority of localities to remove or repair the defacement of buildings, walls, fences and other structures","url":"\/15.2-908\/","token":"15.2\/II\/9\/1\/15.2-908","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-907.2\/","history_text":"

This law was first created in 2012. The record of its establishment is cataloged in chapters 220<\/a> and 761<\/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 2 times. 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. Those modifications are as follows: in 2017, chapter 381<\/a>; in 2024, chapters 225<\/a> and 242<\/a>.<\/p>","references":false,"refers_to":[{"id":58584,"section_number":"15.2-7500","catch_line":"Definitions","order_by":null,"url":"\/15.2-7500\/"},{"id":62717,"section_number":"15.2-907.1","catch_line":"Authority to require removal, repair, etc., of buildings that are declared to be derelict; civil penalty","order_by":null,"url":"\/15.2-907.1\/"},{"id":79608,"section_number":"36-49.1:1","catch_line":"Spot blight abatement authorized; procedure","order_by":null,"url":"\/36-49.1_1\/"},{"id":61191,"section_number":"58.1-3340","catch_line":"Lien on real estate for taxes and levies assessed thereon; responsibility of purchaser or trustee at sale; lien on rents","order_by":null,"url":"\/58.1-3340\/"}],"permalink":{"id":156405,"object_type":"law","relational_id":82277,"identifier":"15.2-907.2","token":"15.2\/II\/9\/1\/15.2-907.2","url":"\/15.2-907.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-907.2\/","token":"15.2\/II\/9\/1\/15.2-907.2","dublin_core":{"Title":"Authority of locality or land bank entity to be appointed to act as a receiver to repair derelict and blighted buildings in certain limited circumstances","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-907.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any locality<\/span> that has adopted an ordinance<\/span> pursuant to \u00a7 15.2-907.1<\/a> may petition<\/span> the circuit<\/span> court<\/span> for the appointment of the locality<\/span> or a land bank entity created pursuant to the Land Bank Entities Act (\u00a7 15.2-7500<\/a> et seq.) to act as a receiver to repair real property that contains residential dwelling units only in accordance with all of the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The locality<\/span> has properly declared the subject property to be a derelict building in compliance with the provisions of § 15.2-907.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The property owners are in noncompliance with the provisions of § 15.2-907.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The locality<\/span> has properly declared the subject property to be blighted in compliance with the provisions of § 36-49.1:1<\/a> for spot blight abatement, and the subject property is itself blighted; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The property owners are in noncompliance with the provisions of § 36-49.1:1<\/a> requiring abatement of the blighted condition of the property; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The locality<\/span> has made bona fide efforts to ensure compliance by the property owners of the subject property with the requirements of §§ 15.2-907.1<\/a> and 36-49.1:1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The repairs to the subject property are necessary to bring the subject property into compliance with the provisions of the Uniform Statewide Building Code; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The repairs to the subject property necessary to satisfy the requirements of subdivision 6 shall not result in a change of use for zoning purposes of the subject property; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Upon appointment by the circuit<\/span> court<\/span> to serve as a receiver, the locality<\/span> or land bank entity shall have the authority to contract<\/span> for all reasonable repairs necessary to bring the property into compliance with the provisions of the Uniform Statewide Building Code, subject to all applicable requirements of state and local procurement laws<\/span>. Such repairs shall be made in a time period established by the court<\/span>, but in no event shall a receivership exceed two years; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Notwithstanding any other provision of law<\/span>, the provisions of this section are subject to the requirements of the Servicemembers Civil Relief Act (50 U.S.C. § 3901 et seq.); and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> Notwithstanding any other provisions of law<\/span>, the subject property shall be eligible for any real estate abatement programs that exist in the locality<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A petition<\/span> by the locality<\/span> to be appointed, or to appoint a land bank entity created pursuant to the Land Bank Entities Act (§ 15.2-7500<\/a> et seq.), to act as a receiver shall include affirmative statements that the locality<\/span> has satisfied each of the requirements of this section and further state that the locality<\/span> has recorded a memorandum<\/span> of lis pendens simultaneously with the filing of said petition<\/span>. The costs of the receivership, along with reasonable attorney fees, incurred by the locality<\/span> or land bank entity as receiver shall constitute a lien<\/span> in favor of the locality<\/span> or land bank entity against the subject property in accordance with the provisions of § 58.1-3340<\/a>, and shall be on par with and collectible in the same manner as delinquent real estate taxes owed to the locality<\/span>. The judicial proceedings herein shall be held in accordance with the requirements, statutory or arising at common law<\/span>, relative to effecting the sale of real estate by a creditor’s bill in equity<\/span> to subject real estate to the lien<\/span> of a judgment creditor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The locality<\/span> or land bank entity created pursuant to the Land Bank Entities Act (§ 15.2-7500<\/a> et seq.) appointed to be a receiver may enforce the receiver’s lien<\/span> by a sale of the property at public auction, but only upon application for and entry of an order<\/span> of sale by the circuit<\/span> court<\/span>. The court<\/span> shall appoint a special commissioner to conduct the sale, and an attorney employed by the locality<\/span> may serve as special commissioner. Such sale shall be upon order<\/span> of the court<\/span> entered after notice as required by the Rules of the Supreme Court<\/span> of Virginia and following publication of notice of the sale three times in a newspaper of general circulation, with the first notice appearing no more than 35 days before and the third notice appearing no less than seven days before the sale. Following such public auction, the special commissioner shall file an accounting with the court<\/span> and seek confirmation of the sale. Upon confirmation, the special commissioner shall be authorized to execute a deed conveying title, which shall pass free and clear to the purchaser at public auction. Following such sale, the former owner or owners, or any heirs, assignees, devisees, or successors in interest to the property shall be entitled to the surplus received in excess of the receiver’s lien<\/span>, taxes, penalties, interest, reasonable attorney fees, costs, and any recorded liens<\/span> chargeable against the property. At any time prior to confirmation of the sale provided for herein, the owner shall have the right to redeem the property, as provided for in subsection D. The character of the title acquired by the purchaser of the property at public auction shall be governed by the principles and rules applicable to the titles of purchases at judicial sales of real estate generally. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The owner of any property subject to receivership may redeem the property at any time prior to the expiration of the two-year period or prior to confirmation of sale at public auction by paying the receiver’s lien<\/span> in full and the taxes, penalties, interest, reasonable attorney fees, costs, and any recorded liens<\/span> chargeable against the property. Partial payment shall not be sufficient to redeem the property and shall not operate to suspend the receivership. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In lieu of appointment of a receiver, the circuit<\/span> court<\/span> shall permit repair by a property owner or a person with an interest in the property secured by a deed of trust properly recorded upon the following conditions: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Demonstration of the ability to complete the repair within a reasonable amount of time to be determined by the court<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Entry of a court order<\/span> setting forth a schedule for such repair. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAUTHORITY OF LOCALITY OR LAND BANK ENTITY TO BE APPOINTED TO ACT AS A RECEIVER\nTO REPAIR DERELICT AND BLIGHTED BUILDINGS IN CERTAIN LIMITED CIRCUMSTANCES (\u00a7\n15.2-907.2)\n\nA. Any locality that has adopted an ordinance pursuant to \u00a7 15.2-907.1 may\npetition the circuit court for the appointment of the locality or a land bank\nentity created pursuant to the Land Bank Entities Act (\u00a7 15.2-7500 et seq.) to\nact as a receiver to repair real property that contains residential dwelling\nunits only in accordance with all of the following:\n\n 1. The locality has properly declared the subject property to be a derelict\n building in compliance with the provisions of § 15.2-907.1;\n\n 2. The property owners are in noncompliance with the provisions of §\n 15.2-907.1;\n\n 3. The locality has properly declared the subject property to be blighted in\n compliance with the provisions of § 36-49.1:1 for spot blight abatement,\n and the subject property is itself blighted;\n\n 4. The property owners are in noncompliance with the provisions of §\n 36-49.1:1 requiring abatement of the blighted condition of the property;\n\n 5. The locality has made bona fide efforts to ensure compliance by the\n property owners of the subject property with the requirements of §§\n 15.2-907.1 and 36-49.1:1;\n\n 6. The repairs to the subject property are necessary to bring the subject\n property into compliance with the provisions of the Uniform Statewide Building\n Code;\n\n 7. The repairs to the subject property necessary to satisfy the requirements\n of subdivision 6 shall not result in a change of use for zoning purposes of\n the subject property;\n\n 8. Upon appointment by the circuit court to serve as a receiver, the locality\n or land bank entity shall have the authority to contract for all reasonable\n repairs necessary to bring the property into compliance with the provisions of\n the Uniform Statewide Building Code, subject to all applicable requirements of\n state and local procurement laws. Such repairs shall be made in a time period\n established by the court, but in no event shall a receivership exceed two\n years;\n\n 9. Notwithstanding any other provision of law, the provisions of this section\n are subject to the requirements of the Servicemembers Civil Relief Act (50\n U.S.C. § 3901 et seq.); and\n\n 10. Notwithstanding any other provisions of law, the subject property shall be\n eligible for any real estate abatement programs that exist in the locality.\n\nB. A petition by the locality to be appointed, or to appoint a land bank entity\ncreated pursuant to the Land Bank Entities Act (§ 15.2-7500 et seq.), to\nact as a receiver shall include affirmative statements that the locality has\nsatisfied each of the requirements of this section and further state that the\nlocality has recorded a memorandum of lis pendens simultaneously with the filing\nof said petition. The costs of the receivership, along with reasonable attorney\nfees, incurred by the locality or land bank entity as receiver shall constitute\na lien in favor of the locality or land bank entity against the subject property\nin accordance with the provisions of § 58.1-3340, and shall be on par with\nand collectible in the same manner as delinquent real estate taxes owed to the\nlocality. The judicial proceedings herein shall be held in accordance with the\nrequirements, statutory or arising at common law, relative to effecting the sale\nof real estate by a creditor’s bill in equity to subject real estate to\nthe lien of a judgment creditor.\n\nC. The locality or land bank entity created pursuant to the Land Bank Entities\nAct (§ 15.2-7500 et seq.) appointed to be a receiver may enforce the\nreceiver’s lien by a sale of the property at public auction, but only upon\napplication for and entry of an order of sale by the circuit court. The court\nshall appoint a special commissioner to conduct the sale, and an attorney\nemployed by the locality may serve as special commissioner. Such sale shall be\nupon order of the court entered after notice as required by the Rules of the\nSupreme Court of Virginia and following publication of notice of the sale three\ntimes in a newspaper of general circulation, with the first notice appearing no\nmore than 35 days before and the third notice appearing no less than seven days\nbefore the sale. Following such public auction, the special commissioner shall\nfile an accounting with the court and seek confirmation of the sale. Upon\nconfirmation, the special commissioner shall be authorized to execute a deed\nconveying title, which shall pass free and clear to the purchaser at public\nauction. Following such sale, the former owner or owners, or any heirs,\nassignees, devisees, or successors in interest to the property shall be entitled\nto the surplus received in excess of the receiver’s lien, taxes,\npenalties, interest, reasonable attorney fees, costs, and any recorded liens\nchargeable against the property. At any time prior to confirmation of the sale\nprovided for herein, the owner shall have the right to redeem the property, as\nprovided for in subsection D. The character of the title acquired by the\npurchaser of the property at public auction shall be governed by the principles\nand rules applicable to the titles of purchases at judicial sales of real estate\ngenerally.\n\nD. The owner of any property subject to receivership may redeem the property at\nany time prior to the expiration of the two-year period or prior to confirmation\nof sale at public auction by paying the receiver’s lien in full and the\ntaxes, penalties, interest, reasonable attorney fees, costs, and any recorded\nliens chargeable against the property. Partial payment shall not be sufficient\nto redeem the property and shall not operate to suspend the receivership.\n\nE. In lieu of appointment of a receiver, the circuit court shall permit repair\nby a property owner or a person with an interest in the property secured by a\ndeed of trust properly recorded upon the following conditions:\n\n 1. Demonstration of the ability to complete the repair within a reasonable\n amount of time to be determined by the court; and\n\n 2. Entry of a court order setting forth a schedule for such repair.\n\nHISTORY: 2012, cc. 220, 761; 2017, c. 381; 2024, cc. 225, 242.","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}}