                                 CODE OF VIRGINIA

DAMAGES FOR UNCONSTITUTIONAL GRANT OR DENIAL BY LOCALITY OF CERTAIN PERMITS AND
APPROVALS (§ 15.2-2208.1)

A. Notwithstanding any other provision of law, general or special, any applicant
aggrieved by the grant or denial by a locality of any approval or permit,
however described or delineated, including a special exception, special use
permit, conditional use permit, rezoning, site plan, plan of development, and
subdivision plan, where such grant included, or denial was based upon, an
unconstitutional condition pursuant to the United States Constitution or the
Constitution of Virginia, shall be entitled to an award of compensatory damages
and to an order remanding the matter to the locality with a direction to grant
or issue such permits or approvals without the unconstitutional condition and
may be entitled to reasonable attorney fees and court costs.

B. In any proceeding, once an unconstitutional condition has been proven by the
aggrieved applicant to have been a factor in the grant or denial of the approval
or permit, the court shall presume, absent clear and convincing evidence to the
contrary, that such applicant&#8217;s acceptance of or refusal to accept the
unconstitutional condition was the controlling basis for such impermissible
grant or denial provided only that the applicant objected to the condition in
writing prior to such grant or denial.

C. Any action brought pursuant to this section shall be filed with the circuit
court having jurisdiction of the land affected or the greater part thereof, and
the court shall hear and determine the case as soon as practical, provided that
such action is filed within the time limit set forth in subsection C or D of
&#xA7; 15.2-2259, subsection D or E of &#xA7; 15.2-2260, or subsection F of
&#xA7; 15.2-2285, as may be applicable.

HISTORY: 2014, cc. 671, 717.