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VIRGINIA STATUTES AND CODES

15.2-1812.1 - Action for damage to memorials for war veterans.

§ 15.2-1812.1. Action for damage to memorials for war veterans.

A. If any monument, marker or memorial for war veterans as designated in §§15.2-1812 and 18.2-137 is violated or encroached upon, an action for therecovery of damages may be commenced by the following:

1. For a publicly owned monument, marker or memorial, by the attorney for thelocality in which it is located; or, if no such action has commenced withinsixty days following any such violation or encroachment, by any person havingan interest in the matter; and

2. For a privately owned monument, marker or memorial, by the privateorganization, society or museum that owns it or any member of suchorganization, society or museum.

Damages may be awarded in such amounts as necessary for the purposes ofrebuilding, repairing, preserving and restoring such memorials or monumentsto preencroachment condition. Damages other than those litigation costsrecovered from any such action shall be used exclusively for said purposes.

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

C. The party who initiates and prevails in an action authorized by thissection shall be entitled to an award of the cost of the litigation,including reasonable attorney's fees. The provisions of this section shallnot be construed to limit the rights of any person, organization, society, ormuseum to pursue any additional civil remedy otherwise allowed by law.

(2000, c. 812.)

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