                                 CODE OF VIRGINIA

MEMORIALS FOR WAR VETERANS (§ 15.2-1812)

A. A locality may, within the geographical limits of the locality, authorize and
permit the erection of monuments or memorials for the veterans of any war or
conflict, or any engagement of such war or conflict, to include the following :
Algonquin (1622), French and Indian (1754-1763), Revolutionary (1775-1783), War
of 1812 (1812-1815), Mexican (1846-1848), Civil War (1861-1865),
Spanish-American (1898), World War I (1917-1918), World War II (1941-1945),
Korean (1950-1953), Vietnam (1965-1973), Operation Desert Shield-Desert Storm
(1990-1991), Global War on Terrorism (2000- ), Operation Enduring Freedom (2001-
), and Operation Iraqi Freedom (2003- ). Notwithstanding any other provision of
law, general or special, a locality may remove, relocate, contextualize, or
cover any such monument or memorial on the locality&#8217;s public property, not
including a monument or memorial located in a publicly owned cemetery,
regardless of when the monument or memorial was erected, after complying with
the provisions of subsection B.

B. Prior to removing, relocating, contextualizing, or covering any such publicly
owned monument or memorial, the local governing body shall publish notice of
such intent in a newspaper having general circulation in the locality. The
notice shall specify the time and place of a public hearing at which interested
persons may present their views, not less than 30 days after publication of the
notice. After the completion of the hearing, the governing body may vote whether
to remove, relocate, contextualize, or cover the monument or memorial. If the
governing body votes to remove, relocate, contextualize, or cover the monument
or memorial, the local governing body shall first, for a period of 30 days,
offer the monument or memorial for relocation and placement to any museum,
historical society, government, or military battlefield. The local governing
body shall have sole authority to determine the final disposition of the
monument or memorial.

C. A locality may, prior to initiating the provisions of subsection B, petition
the judge of a circuit court having jurisdiction over the locality for an
advisory referendum to be held on the question of the proposal to remove,
relocate, contextualize, or cover any monument or memorial located on the
locality&#8217;s public property. Upon the receipt of such petition, the circuit
court shall order an election to be held thereon at a time that is in conformity
with &#xA7; 24.2-682. The ballots shall be prepared, distributed, and voted, and
the results of the election shall be ascertained and certified, in the manner
prescribed by &#xA7; 24.2-684.

D. The governing body may appropriate a sufficient sum of money out of its funds
to complete or aid in the erection, removal, relocation, contextualizing, or
covering of monuments or memorials to the veterans of such wars or conflicts, or
any engagement of such wars or conflicts. The governing body may also make a
special levy to raise the money necessary for the erection or completion of any
such monuments or memorials, or to supplement the funds already raised or that
may be raised by private persons, Veterans of Foreign Wars, the American Legion,
or other organizations. It may also appropriate, out of any funds of such
locality, a sufficient sum of money to permanently care for, protect, and
preserve such monuments or memorials and may expend the same thereafter as other
funds are expended.

HISTORY: Code 1950, § 15-696; 1962, c. 623, § 15.1-270; 1982, c. 19; 1988, c.
284; 1997, c. 587; 1998, c. 752; 2005, c. 390; 2010, c. 860; 2020, cc. 1100,
1101.