Va. Code » Title 15.2. Counties, Cities and Towns » Subtitle II. Powers of Local Government » Chapter 16. Local Constitutional Officers, Courthouses and Supplies » Article 8. Courthouses

Va. Code Ann. § 15.2-1638

County or city governing body to provide courthouse, clerk's office, jail and suitable facilities for attorney for the Commonwealth; acquisition of land

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The governing body of every county and city shall provide courthouses with suitable space and facilities to accommodate the various courts and officials thereof serving the county or city; within or outside such courthouses, a clerk's office, the record room of which shall be fireproof; a jail; and, upon request therefor, suitable space and facilities for the attorney for the Commonwealth to discharge the duties of his office. The costs thereof and of the land on which they may be, and of keeping the same in good order, shall be chargeable to the county or city. The fee simple of the lands and of the buildings and improvements thereon utilized for such courthouses shall be in the county or city, or jointly in a county and a city, and the governing body of the county or city may purchase so much of such property, as, with what it has, may be necessary for the purposes enumerated or for any other proper purpose of the county or city. However, any portion of the property owned by a county and located within a city or town and not actually occupied by the courthouse, clerk's office, or jail may be sold or exchanged and conveyed to such city or town to be used for street or other public purposes. Any such sale or exchange by the governing body of a county shall be made in accordance with the provisions of § 15.2-1800.

The amendments contained in Chapter 90 of the 1986 Acts of Assembly shall not apply to the City of Virginia Beach.

Code 1950, §§ 15-686, 15-688; 1954, cc. 49, 264; 1956, c. 329; 1960, c. 145; 1962, cc. 283, 489, 623, § 15.1-257; 1964, c. 241; 1986, c. 90; 1997, c. 587; 2007, c. 813; 2019, c. 240.

Notes of Decisions
Cited in 5 cases, 1998–2020 · leading case: Brown v. Mitchell
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Brown v. Mitchell (2004) vaed · cites it 6× “See Va.Code Ann. § 15.2-1638; May v. Newhart, 822 F.”
Brown v. Mitchell (2004) vaed · cites it 2× “VII, § 4 — are responsible for the day to day operations and maintenance of the local jails. Va.Code Ann. § 53.1-116 et seq.”
Commonwealth v. Appomattox County Board of Supervisors (2002) vacc · cites it 3× “In attempting to formulate the Joint Plans consistent with the requirements of Va. Code §§ 15.2-1638 and 15.2-1643, with consideration given to the Virginia Courthouse Facility Guidelines, the architects shall be governed solely by their professional expertise and judgment and…”
Azeezudin v. Harris (2020) vaed · cites it 3× “Azeezudin fails to allege facts that plausibly suggest that either Defendant Harris as Sheriff of the City of Suffolk or Defendant Jon Doe who is presumably a deputy sheriff, had any personal responsibility for making decisions or creating policies for the physical…”
Lewis v. City of Charlottesville (1998) vacccharlottesv · cites it 2× “Va. Code Ann. § 15.2-1638 mandates the construction and operation of county and city courthouses.”
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