{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/41.1-16.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/41.1-16.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/41.1-16.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/41.1-16.html"}],"law_id":83727,"edition_id":1,"section_id":83727,"structure_id":13965,"section_number":"41.1-16","catch_line":"Sale of wastelands; proceeding by citizen resident; motion and deposit for costs; parties; copy of plat","history":"Code 1950, \u00a7 41-84; 1952, c. 185; 1970, c. 291; 1977, c. 624; 1995, c. 850.","full_text":"Any citizen, resident of this Commonwealth, who has reason to believe that there are waste and unappropriated lands in this Commonwealth (not being excluded under \u00a7 41.1-3 from grant), shall have the right to file a proceeding in the name of the county or city seeking the sale and disposition of such land. The venue for such a proceeding shall be as specified in subdivision 3 of \u00a7 8.01-261. The proceeding shall be instituted by motion signed by the party who institutes the proceeding, or on his behalf, and shall be accompanied with a deposit to cover the costs of the proceeding but in no event to exceed $100. Each landowner adjoining the tract in question shall be made a party to the proceedings.\n\t\tHe shall file with the motion a copy of a plat prepared by a licensed land surveyor giving the metes and bounds of the land alleged to be waste and unappropriated. A copy of the motion and plat shall be served upon each of the landowners adjoining the tract in question.","order_by":null,"text":{"0":{"id":300118,"text":"Any citizen, resident of this Commonwealth, who has reason to believe that there are waste and unappropriated lands in this Commonwealth (not being excluded under \u00a7 41.1-3 from grant), shall have the right to file a proceeding in the name of the county or city seeking the sale and disposition of such land. The venue for such a proceeding shall be as specified in subdivision 3 of \u00a7 8.01-261. The proceeding shall be instituted by motion signed by the party who institutes the proceeding, or on his behalf, and shall be accompanied with a deposit to cover the costs of the proceeding but in no event to exceed $100. Each landowner adjoining the tract in question shall be made a party to the proceedings.\n\t\tHe shall file with the motion a copy of a plat prepared by a licensed land surveyor giving the metes and bounds of the land alleged to be waste and unappropriated. A copy of the motion and plat shall be served upon each of the landowners adjoining the tract in question.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13965,"edition_id":1,"name":"Land Office","identifier":"41.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:46:27","date_modified":"2026-06-26 03:46:27","permalink":{"id":220729,"object_type":"structure","relational_id":13965,"identifier":"41.1","token":"41.1","url":"\/41.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56124,"structure_id":13965,"section_number":"41.1-1","catch_line":"Librarian of Virginia in charge of Land Office","url":"\/41.1-1\/","token":"41.1\/41.1-1","metadata":false},{"id":77886,"structure_id":13965,"section_number":"41.1-10","catch_line":"Same; order of court for survey","url":"\/41.1-10\/","token":"41.1\/41.1-10","metadata":false},{"id":74224,"structure_id":13965,"section_number":"41.1-11","catch_line":"Same; when and how testimony taken","url":"\/41.1-11\/","token":"41.1\/41.1-11","metadata":{"court_decisions":{"0":{"name":"Adair v. EQT Production Co.","case_number":"Nos. 1:10-cv-00037, 1:10-cv-00041, 1:11-cv-00031","citation":"294 F.R.D. 1","date":"2013-09-27","url":"https:\/\/www.courtlistener.com\/opinion\/8785005\/adair-v-eqt-production-co\/","abstract":" .\u202f.\u202f. MEMORANDUM OPINION .\u202f.\u202f. ","court_html":"District Court, W.D. Virginia"},"1":{"name":"Adair v. EQT Production Co.","case_number":"Nos. 1:10-cv-00037, 1:10-cv-00041, 1:11-cv-00031","citation":"285 F.R.D. 376","date":"2012-09-14","url":"https:\/\/www.courtlistener.com\/opinion\/8782376\/adair-v-eqt-production-co\/","abstract":" .\u202f.\u202f. MEMORANDUM OPINION .\u202f.\u202f. ","court_html":"District Court, W.D. Virginia"},"2":{"name":"EQT Production Company v. Robert Adair","case_number":"13-414, 13-415, 13-418, 13-419, 13-421, 13-422, 13-2376, 13-2378, 13-2381, 13-2382, 13-2383, 13-2384","citation":"764 F.3d 347","date":"2014-08-19","url":"https:\/\/www.courtlistener.com\/opinion\/2718928\/eqt-production-company-v-robert-adair\/","abstract":" .\u202f.\u202f. Vacated and remanded by published opinion. Judge DIAZ wrote the opinion, in which Judge WILKINSON .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"},"3":{"name":"Adair v. EQT Production Co.","case_number":"Case No. 1:10CV00037, Case No. 1:10CV00041, Case No. 1:11CV00031, Case No. 1:10CV00059, Case No. 1:10CV00065","citation":"320 F.R.D. 379","date":"2017-03-29","url":"https:\/\/www.courtlistener.com\/opinion\/8793204\/adair-v-eqt-production-co\/","abstract":" .\u202f.\u202f. OPINION .\u202f.\u202f. ","court_html":"District Court, W.D. Virginia"}}}},{"id":58793,"structure_id":13965,"section_number":"41.1-12","catch_line":"Same; ownership certified by court; order as to costs","url":"\/41.1-12\/","token":"41.1\/41.1-12","metadata":false},{"id":56360,"structure_id":13965,"section_number":"41.1-13","catch_line":"Bill in equity for repeal of grant","url":"\/41.1-13\/","token":"41.1\/41.1-13","metadata":false},{"id":78666,"structure_id":13965,"section_number":"41.1-14","catch_line":"Nature of proceedings for repeal of grant","url":"\/41.1-14\/","token":"41.1\/41.1-14","metadata":false},{"id":55289,"structure_id":13965,"section_number":"41.1-15","catch_line":"Recording decree of repeal","url":"\/41.1-15\/","token":"41.1\/41.1-15","metadata":{"court_decisions":""}},{"id":83727,"structure_id":13965,"section_number":"41.1-16","catch_line":"Sale of wastelands; proceeding by citizen resident; motion and deposit for costs; parties; copy of plat","url":"\/41.1-16\/","token":"41.1\/41.1-16","metadata":false},{"id":69713,"structure_id":13965,"section_number":"41.1-17","catch_line":"Same; time and place of hearing","url":"\/41.1-17\/","token":"41.1\/41.1-17","metadata":false},{"id":85329,"structure_id":13965,"section_number":"41.1-18","catch_line":"Same; subsequent proceedings; disposition of proceeds of sale","url":"\/41.1-18\/","token":"41.1\/41.1-18","metadata":false},{"id":70218,"structure_id":13965,"section_number":"41.1-19","catch_line":"Same; proceedings by governing body of county or city","url":"\/41.1-19\/","token":"41.1\/41.1-19","metadata":false},{"id":76171,"structure_id":13965,"section_number":"41.1-2","catch_line":"Act changing name of Denny Martin taken as true; records, etc., of Northern Neck and other lands","url":"\/41.1-2\/","token":"41.1\/41.1-2","metadata":{"court_decisions":{"0":{"name":"McGee v. Russell's Executors","case_number":"","citation":"150 Va. 155","date":"1928-03-22","url":"https:\/\/www.courtlistener.com\/opinion\/6921048\/mcgee-v-russells-executors\/","abstract":" .\u202f.\u202f. Prentis, P., .\u202f.\u202f. ","court_html":"SCV<\/abbr>"}}}},{"id":67981,"structure_id":13965,"section_number":"41.1-20","catch_line":"Same; sale extinguishes title and interest of Commonwealth","url":"\/41.1-20\/","token":"41.1\/41.1-20","metadata":{"court_decisions":""}},{"id":55026,"structure_id":13965,"section_number":"41.1-3","catch_line":"Grants of certain lands, etc., to be void; such lands, etc., under control of Governor","url":"\/41.1-3\/","token":"41.1\/41.1-3","metadata":false},{"id":74909,"structure_id":13965,"section_number":"41.1-4","catch_line":"Repealed","url":"\/41.1-4\/","token":"41.1\/41.1-4","metadata":false},{"id":67201,"structure_id":13965,"section_number":"41.1-4.1","catch_line":"Repealed","url":"\/41.1-4.1\/","token":"41.1\/41.1-4.1","metadata":false},{"id":67189,"structure_id":13965,"section_number":"41.1-5","catch_line":"Circuit courts authorized to dispose of waste and unappropriated lands","url":"\/41.1-5\/","token":"41.1\/41.1-5","metadata":{"court_decisions":{"0":{"name":"Catawba Indian Tribe of South Carolina v. State of S.C.","case_number":"90-2446","citation":"978 F.2d 1334","date":"1992-09-22","url":"https:\/\/www.courtlistener.com\/opinion\/594399\/catawba-indian-tribe-of-south-carolina-v-state-of-sc\/","abstract":" .\u202f.\u202f. 978 F.2d 1334 .\u202f.\u202f. ","court_html":"Court of Appeals for the Fourth Circuit"}}}},{"id":66762,"structure_id":13965,"section_number":"41.1-6","catch_line":"Ratification of grants issued pursuant to \u00a7 41.1-3","url":"\/41.1-6\/","token":"41.1\/41.1-6","metadata":false},{"id":79146,"structure_id":13965,"section_number":"41.1-7","catch_line":"Copies of unsigned grants admissible in evidence; Commonwealth's right relinquished when certain taxes paid; correction of record","url":"\/41.1-7\/","token":"41.1\/41.1-7","metadata":false},{"id":69116,"structure_id":13965,"section_number":"41.1-8","catch_line":"When grant invalid; when Commonwealth's right relinquished to land settled on","url":"\/41.1-8\/","token":"41.1\/41.1-8","metadata":{"court_decisions":""}},{"id":86236,"structure_id":13965,"section_number":"41.1-9","catch_line":"Lost records and papers in chains of title; bill in equity to establish ownership","url":"\/41.1-9\/","token":"41.1\/41.1-9","metadata":false}],"previous_section":{"id":55289,"structure_id":13965,"section_number":"41.1-15","catch_line":"Recording decree of repeal","url":"\/41.1-15\/","token":"41.1\/41.1-15","metadata":{"court_decisions":""}},"next_section":{"id":69713,"structure_id":13965,"section_number":"41.1-17","catch_line":"Same; time and place of hearing","url":"\/41.1-17\/","token":"41.1\/41.1-17","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/41.1-16\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1952, chapter 185; in 1970, chapter 291; in 1977, chapter 624; in 1995, chapter 850<\/a>.<\/p>","references":[{"id":67189,"section_number":"41.1-5","catch_line":"Circuit courts authorized to dispose of waste and unappropriated lands","order_by":null,"url":"\/41.1-5\/"}],"refers_to":[{"id":55026,"section_number":"41.1-3","catch_line":"Grants of certain lands, etc., to be void; such lands, etc., under control of Governor","order_by":null,"url":"\/41.1-3\/"},{"id":63400,"section_number":"8.01-261","catch_line":"Category A or preferred venue","order_by":null,"url":"\/8.01-261\/"}],"permalink":{"id":220759,"object_type":"law","relational_id":83727,"identifier":"41.1-16","token":"41.1\/41.1-16","url":"\/41.1-16\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/41.1-16\/","token":"41.1\/41.1-16","dublin_core":{"Title":"Sale of wastelands; proceeding by citizen resident; motion and deposit for costs; parties; copy of plat","Type":"Text","Format":"text\/html","Identifier":"\u00a7 41.1-16","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any citizen, resident of this Commonwealth, who has reason to believe that there are waste and unappropriated lands in this Commonwealth (not being excluded under \u00a7 41.1-3<\/a> from grant), shall have the right to file a proceeding in the name of the county or city seeking the sale and disposition<\/span> of such land. The venue<\/span> for such a proceeding shall be as specified in subdivision 3 of \u00a7 8.01-261<\/a>. The proceeding shall be instituted by motion<\/span> signed by the party<\/span> who institutes the proceeding, or on his behalf, and shall be accompanied with a deposit to cover the costs of the proceeding but in no event to exceed $100. Each landowner adjoining the tract in question shall be made a party<\/span> to the proceedings.\n\t\tHe shall file with the motion<\/span> a copy of a plat prepared by a licensed land surveyor giving the metes and bounds of the land alleged to be waste and unappropriated. A copy of the motion<\/span> and plat shall be served upon each of the landowners adjoining the tract in question.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSALE OF WASTELANDS; PROCEEDING BY CITIZEN RESIDENT; MOTION AND DEPOSIT FOR\nCOSTS; PARTIES; COPY OF PLAT (\u00a7 41.1-16)\n\nAny citizen, resident of this Commonwealth, who has reason to believe that there\nare waste and unappropriated lands in this Commonwealth (not being excluded\nunder \u00a7 41.1-3 from grant), shall have the right to file a proceeding in the\nname of the county or city seeking the sale and disposition of such land. The\nvenue for such a proceeding shall be as specified in subdivision 3 of \u00a7\n8.01-261. The proceeding shall be instituted by motion signed by the party who\ninstitutes the proceeding, or on his behalf, and shall be accompanied with a\ndeposit to cover the costs of the proceeding but in no event to exceed $100.\nEach landowner adjoining the tract in question shall be made a party to the\nproceedings.\n\t\tHe shall file with the motion a copy of a plat prepared by a licensed land\nsurveyor giving the metes and bounds of the land alleged to be waste and\nunappropriated. A copy of the motion and plat shall be served upon each of the\nlandowners adjoining the tract in question.\n\nHISTORY: Code 1950, \u00a7 41-84; 1952, c. 185; 1970, c. 291; 1977, c. 624; 1995, c.\n850.","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}}