                                 CODE OF VIRGINIA

ACTION FOR DAMAGE TO MEMORIALS FOR WAR VETERANS (§ 15.2-1812.1)

A. If any monument or memorial for war veterans as designated in § 15.2-1812 is
damaged or defaced, an action for the recovery of damages may be commenced as
follows:

   1. For a publicly owned monument or memorial, such action may be commenced
   against a person other than a locality or its duly authorized officers,
   employees, or agents by the attorney for the locality in which it is located
   with the consent of the governing body or public officer having control of the
   monument or memorial; and

   2. For a privately owned monument or memorial on a locality&#8217;s public
   property, such action may be commenced by the private owner of such monument
   or memorial. No locality or its officers, employees, or agents shall be liable
   for damages pursuant to this section when taking action pursuant to &#xA7;
   15.2-1812 except for gross negligence by a duly authorized officer, employee,
   or agent of the locality.
   				Damages may be awarded in such amounts as necessary for the purposes of
   rebuilding, repairing, preserving, and restoring such memorials or monuments.
   Damages other than those litigation costs recovered from any such action shall
   be used exclusively for said purposes.

B. Punitive damages may be recovered for reckless, willful, or wanton conduct
resulting in the defacement of, malicious destruction of, unlawful removal of,
or placement of improper markings, monuments, or statues on memorials for war
veterans.

C. The party who initiates and prevails in an action authorized by this section
shall be entitled to an award of the cost of the litigation, including
reasonable attorney fees. The provisions of this section shall not be construed
to limit the rights of any person, organization, society, or museum to pursue
any additional civil remedy otherwise allowed by law.

HISTORY: 2000, c. 812; 2020, cc. 1100, 1101.