{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/48-16.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/48-16.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/48-16.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/48-16.html"}],"law_id":82351,"edition_id":1,"section_id":82351,"structure_id":14518,"section_number":"48-16","catch_line":"Closure of nuisance involving illegal drug transactions","history":"2004, c. 462.","full_text":"A\n\nUpon a conviction under &#xA7; 18.2-258 and after due notice and opportunity to be heard on the part of any owner, lessor, or a lienholder not involved in the original offense, by a proceeding similar to that in Chapter 22.1 (&#xA7; 19.2-386.1 et seq.) of Title 19.2 and upon proof of guilty knowledge, a court may order that such house, motor vehicle, aircraft, boat, vessel, or other premises, or any room or part thereof, be closed, but the court may, upon the owner or lessor giving bond in the penalty of not less than $500 and with security to be approved by the court, conditioned that the premises shall not be used for unlawful purposes, turn the same over to its owner or lessor; or proceeding may be had in equity as provided in &#xA7; 48-17.B\n\nThe penalties provided in this section shall be in addition to any other penalty provided by law, including immediate termination of a rental agreement as provided in &#xA7; 55.1-1245.C\n\nIn a civil or in rem proceeding under the provisions of this section judgment shall not be entered against the owner, lessor, or lienholder of property unless it is proved (i) that he knew of the unlawful use of the property and (ii) that he had the right, because of such unlawful use, to enter and repossess the property.","order_by":null,"text":{"0":{"id":295074,"text":"Upon a conviction under &#xA7; 18.2-258 and after due notice and opportunity to be heard on the part of any owner, lessor, or a lienholder not involved in the original offense, by a proceeding similar to that in Chapter 22.1 (&#xA7; 19.2-386.1 et seq.) of Title 19.2 and upon proof of guilty knowledge, a court may order that such house, motor vehicle, aircraft, boat, vessel, or other premises, or any room or part thereof, be closed, but the court may, upon the owner or lessor giving bond in the penalty of not less than $500 and with security to be approved by the court, conditioned that the premises shall not be used for unlawful purposes, turn the same over to its owner or lessor; or proceeding may be had in equity as provided in &#xA7; 48-17.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":295075,"text":"The penalties provided in this section shall be in addition to any other penalty provided by law, including immediate termination of a rental agreement as provided in &#xA7; 55.1-1245.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":295076,"text":"In a civil or in rem proceeding under the provisions of this section judgment shall not be entered against the owner, lessor, or lienholder of property unless it is proved (i) that he knew of the unlawful use of the property and (ii) that he had the right, because of such unlawful use, to enter and repossess the property.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14518,"edition_id":1,"name":"Houses of Prostitution, Etc.","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":14256,"metadata":{},"date_created":"2026-06-26 03:48:29","date_modified":"2026-06-26 03:48:29","permalink":{"id":233121,"object_type":"structure","relational_id":14518,"identifier":"2","token":"48\/2","url":"\/48\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14256,"edition_id":1,"name":"Nuisances","identifier":"48","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:47:29","date_modified":"2026-06-26 03:47:29","permalink":{"id":233093,"object_type":"structure","relational_id":14256,"identifier":"48","token":"48","url":"\/48\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78959,"structure_id":14518,"section_number":"48-10","catch_line":"Contempt proceedings","url":"\/48-10\/","token":"48\/2\/48-10","metadata":false},{"id":66568,"structure_id":14518,"section_number":"48-11","catch_line":"Punishment for contempt","url":"\/48-11\/","token":"48\/2\/48-11","metadata":false},{"id":58204,"structure_id":14518,"section_number":"48-12","catch_line":"Order of abatement of nuisance; sale of furniture, etc.; closing of building","url":"\/48-12\/","token":"48\/2\/48-12","metadata":false},{"id":63164,"structure_id":14518,"section_number":"48-13","catch_line":"Disposition of proceeds of sale","url":"\/48-13\/","token":"48\/2\/48-13","metadata":false},{"id":55947,"structure_id":14518,"section_number":"48-14","catch_line":"When property to be delivered to owner on giving bond","url":"\/48-14\/","token":"48\/2\/48-14","metadata":false},{"id":62226,"structure_id":14518,"section_number":"48-15","catch_line":"Immunity to witnesses","url":"\/48-15\/","token":"48\/2\/48-15","metadata":false},{"id":82351,"structure_id":14518,"section_number":"48-16","catch_line":"Closure of nuisance involving illegal drug transactions","url":"\/48-16\/","token":"48\/2\/48-16","metadata":false},{"id":70861,"structure_id":14518,"section_number":"48-17","catch_line":"Enjoining nuisances involving illegal drug transactions","url":"\/48-17\/","token":"48\/2\/48-17","metadata":false},{"id":69419,"structure_id":14518,"section_number":"48-17.1","catch_line":"Temporary injunctions against alcoholic beverage sales","url":"\/48-17.1\/","token":"48\/2\/48-17.1","metadata":false},{"id":66210,"structure_id":14518,"section_number":"48-7","catch_line":"Houses and contents are nuisances subject to abatement","url":"\/48-7\/","token":"48\/2\/48-7","metadata":false},{"id":79030,"structure_id":14518,"section_number":"48-8","catch_line":"How nuisance enjoined","url":"\/48-8\/","token":"48\/2\/48-8","metadata":false},{"id":65523,"structure_id":14518,"section_number":"48-9","catch_line":"When case to be tried; dismissal; substitution of complainant; costs","url":"\/48-9\/","token":"48\/2\/48-9","metadata":false}],"previous_section":{"id":62226,"structure_id":14518,"section_number":"48-15","catch_line":"Immunity to witnesses","url":"\/48-15\/","token":"48\/2\/48-15","metadata":false},"next_section":{"id":70861,"structure_id":14518,"section_number":"48-17","catch_line":"Enjoining nuisances involving illegal drug transactions","url":"\/48-17\/","token":"48\/2\/48-17","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/48-16\/","history_text":"<p>This law was first created in 2004. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0462\">462<\/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":57190,"section_number":"18.2-258","catch_line":"Certain premises deemed common nuisance; penalty","order_by":null,"url":"\/18.2-258\/"},{"id":68052,"section_number":"19.2-386.1","catch_line":"Commencing an action of forfeiture","order_by":null,"url":"\/19.2-386.1\/"}],"permalink":{"id":233147,"object_type":"law","relational_id":82351,"identifier":"48-16","token":"48\/2\/48-16","url":"\/48-16\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/48-16\/","token":"48\/2\/48-16","dublin_core":{"Title":"Closure of nuisance involving illegal drug transactions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 48-16","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Upon a <span class=\"dictionary\">conviction<\/span> under &#xA7; <a class=\"law\" title=\"Certain premises deemed common nuisance; penalty\" href=\"\/18.2-258\/\">18.2-258<\/a> and after due notice and opportunity to be heard on the part of any owner, lessor, or a lienholder not involved in the original <span class=\"dictionary\">offense<\/span>, by a proceeding similar to that in Chapter 22.1 (&#xA7; <a class=\"law\" title=\"Commencing an action of forfeiture\" href=\"\/19.2-386.1\/\">19.2-386.1<\/a> et seq.) of Title 19.2 and upon proof of guilty knowledge, a <span class=\"dictionary\">court<\/span> may <span class=\"dictionary\">order<\/span> that such house, motor vehicle, aircraft, boat, vessel, or other premises, or any room or part thereof, be closed, but the <span class=\"dictionary\">court<\/span> may, upon the owner or lessor giving <span class=\"dictionary\">bond<\/span> in the <span class=\"dictionary\">penalty<\/span> of not less than $500 and with security to be approved by the <span class=\"dictionary\">court<\/span>, conditioned that the premises shall not be used for unlawful purposes, turn the same over to its owner or lessor; or proceeding may be had in <span class=\"dictionary\">equity<\/span> as provided in &#xA7; <a class=\"law\" title=\"Enjoining nuisances involving illegal drug transactions\" href=\"\/48-17\/\">48-17<\/a>. <a id=\"paragraph-295074\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/48-16\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The penalties provided in this section shall be in addition to any other <span class=\"dictionary\">penalty<\/span> provided by <span class=\"dictionary\">law<\/span>, including immediate termination of a rental agreement as provided in &#xA7; <a class=\"law\" title=\"(Effective the later of July 1, 2028, or 7 years after the COVID-19 pandemic state of emergency expires) Noncompliance with rental agreement; monetary penalty\" href=\"\/55.1-1245\/\">55.1-1245<\/a>. <a id=\"paragraph-295075\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/48-16\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> In a civil or in rem proceeding under the provisions of this section <span class=\"dictionary\">judgment<\/span> shall not be entered against the owner, lessor, or lienholder of property unless it is proved (i) that he knew of the unlawful use of the property and (ii) that he had the right, because of such unlawful use, to enter and repossess the property. <a id=\"paragraph-295076\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/48-16\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCLOSURE OF NUISANCE INVOLVING ILLEGAL DRUG TRANSACTIONS (\u00a7 48-16)\n\nA. Upon a conviction under &#xA7; 18.2-258 and after due notice and opportunity\nto be heard on the part of any owner, lessor, or a lienholder not involved in\nthe original offense, by a proceeding similar to that in Chapter 22.1 (&#xA7;\n19.2-386.1 et seq.) of Title 19.2 and upon proof of guilty knowledge, a court\nmay order that such house, motor vehicle, aircraft, boat, vessel, or other\npremises, or any room or part thereof, be closed, but the court may, upon the\nowner or lessor giving bond in the penalty of not less than $500 and with\nsecurity to be approved by the court, conditioned that the premises shall not be\nused for unlawful purposes, turn the same over to its owner or lessor; or\nproceeding may be had in equity as provided in &#xA7; 48-17.\n\nB. The penalties provided in this section shall be in addition to any other\npenalty provided by law, including immediate termination of a rental agreement\nas provided in &#xA7; 55.1-1245.\n\nC. In a civil or in rem proceeding under the provisions of this section judgment\nshall not be entered against the owner, lessor, or lienholder of property unless\nit is proved (i) that he knew of the unlawful use of the property and (ii) that\nhe had the right, because of such unlawful use, to enter and repossess the\nproperty.\n\nHISTORY: 2004, c. 462.","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}}