{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-167.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-167.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-167.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-167.html"}],"law_id":57485,"edition_id":1,"section_id":57485,"structure_id":14885,"section_number":"8.01-167","catch_line":"How damages of plaintiff assessed","history":"Code 1950, \u00a7 8-843; 1977, c. 617.","full_text":"The jury, in assessing such damages, either under this article or under Article 14 (\u00a7 8.01-131 et seq.) of this chapter, shall determine the annual value of the premises during the time the defendant was in possession thereof, exclusive of the use by the tenant of the improvements thereon made by himself or those under whom he claims, and also the damages for waste or other injury to the premises committed by the defendant.","order_by":null,"text":{"0":{"id":210619,"text":"The jury, in assessing such damages, either under this article or under Article 14 (\u00a7 8.01-131 et seq.) of this chapter, shall determine the annual value of the premises during the time the defendant was in possession thereof, exclusive of the use by the tenant of the improvements thereon made by himself or those under whom he claims, and also the damages for waste or other injury to the premises committed by the defendant.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14885,"edition_id":1,"name":"Improvements","identifier":"15","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:50:33","date_modified":"2026-06-26 03:50:33","permalink":{"id":280003,"object_type":"structure","relational_id":14885,"identifier":"15","token":"8.01\/3\/15","url":"\/8.01\/3\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58254,"structure_id":14885,"section_number":"8.01-166","catch_line":"How defendant may apply therefor, and have judgment suspended","url":"\/8.01-166\/","token":"8.01\/3\/15\/8.01-166","metadata":false},{"id":57485,"structure_id":14885,"section_number":"8.01-167","catch_line":"How damages of plaintiff assessed","url":"\/8.01-167\/","token":"8.01\/3\/15\/8.01-167","metadata":false},{"id":68222,"structure_id":14885,"section_number":"8.01-168","catch_line":"For what time","url":"\/8.01-168\/","token":"8.01\/3\/15\/8.01-168","metadata":false},{"id":87427,"structure_id":14885,"section_number":"8.01-169","catch_line":"How value of improvements determined in favor of defendant","url":"\/8.01-169\/","token":"8.01\/3\/15\/8.01-169","metadata":false},{"id":63477,"structure_id":14885,"section_number":"8.01-170","catch_line":"If allowance for improvements exceed damages, what to be done","url":"\/8.01-170\/","token":"8.01\/3\/15\/8.01-170","metadata":false},{"id":59183,"structure_id":14885,"section_number":"8.01-171","catch_line":"Verdict for balance, after offsetting damages against improvements","url":"\/8.01-171\/","token":"8.01\/3\/15\/8.01-171","metadata":false},{"id":69621,"structure_id":14885,"section_number":"8.01-172","catch_line":"Balance for defendant a lien on the land","url":"\/8.01-172\/","token":"8.01\/3\/15\/8.01-172","metadata":false},{"id":64431,"structure_id":14885,"section_number":"8.01-173","catch_line":"How tenant for life, paying for improvements, reimbursed","url":"\/8.01-173\/","token":"8.01\/3\/15\/8.01-173","metadata":false},{"id":62605,"structure_id":14885,"section_number":"8.01-174","catch_line":"Exception as to mortgagees and trustees","url":"\/8.01-174\/","token":"8.01\/3\/15\/8.01-174","metadata":false},{"id":81831,"structure_id":14885,"section_number":"8.01-175","catch_line":"When plaintiff may require his estate only to be valued; how determined; how he may elect to relinquish his title to defendant","url":"\/8.01-175\/","token":"8.01\/3\/15\/8.01-175","metadata":false},{"id":58300,"structure_id":14885,"section_number":"8.01-176","catch_line":"How payment of such value to be made by defendant; when land sold therefor","url":"\/8.01-176\/","token":"8.01\/3\/15\/8.01-176","metadata":false},{"id":60809,"structure_id":14885,"section_number":"8.01-177","catch_line":"When such value to be deemed real estate","url":"\/8.01-177\/","token":"8.01\/3\/15\/8.01-177","metadata":false},{"id":56832,"structure_id":14885,"section_number":"8.01-178","catch_line":"When and how defendant, if evicted, may recover from plaintiff amount paid","url":"\/8.01-178\/","token":"8.01\/3\/15\/8.01-178","metadata":false}],"previous_section":{"id":58254,"structure_id":14885,"section_number":"8.01-166","catch_line":"How defendant may apply therefor, and have judgment suspended","url":"\/8.01-166\/","token":"8.01\/3\/15\/8.01-166","metadata":false},"next_section":{"id":68222,"structure_id":14885,"section_number":"8.01-168","catch_line":"For what time","url":"\/8.01-168\/","token":"8.01\/3\/15\/8.01-168","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-167\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 1977, chapter 617.<\/p>","references":false,"refers_to":[{"id":67166,"section_number":"8.01-131","catch_line":"Action of ejectment retained; when and by whom brought","order_by":null,"url":"\/8.01-131\/"}],"permalink":{"id":280009,"object_type":"law","relational_id":57485,"identifier":"8.01-167","token":"8.01\/3\/15\/8.01-167","url":"\/8.01-167\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-167\/","token":"8.01\/3\/15\/8.01-167","dublin_core":{"Title":"How damages of plaintiff assessed","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-167","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>The <span class=\"dictionary\">jury<\/span>, in assessing such <span class=\"dictionary\">damages<\/span>, either under this article or under Article 14 (\u00a7&nbsp;<a class=\"law\" title=\"Action of ejectment retained; when and by whom brought\" href=\"\/8.01-131\/\">8.01-131<\/a> et seq.) of this chapter, shall determine the annual value of the premises during the time the <span class=\"dictionary\">defendant<\/span> was in <span class=\"dictionary\">possession<\/span> thereof, exclusive of the use by the tenant of the improvements thereon made by himself or those under whom he claims, and also the <span class=\"dictionary\">damages<\/span> for waste or other injury to the premises committed by the <span class=\"dictionary\">defendant<\/span>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nHOW DAMAGES OF PLAINTIFF ASSESSED (\u00a7 8.01-167)\n\nThe jury, in assessing such damages, either under this article or under Article\n14 (\u00a7 8.01-131 et seq.) of this chapter, shall determine the annual value of\nthe premises during the time the defendant was in possession thereof, exclusive\nof the use by the tenant of the improvements thereon made by himself or those\nunder whom he claims, and also the damages for waste or other injury to the\npremises committed by the defendant.\n\nHISTORY: Code 1950, \u00a7 8-843; 1977, c. 617.","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}}