Virginia Code

Va. Code Ann. § 48-2 (2026)

Presentment against person causing nuisance

✓ current as of May 2026

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If upon a full investigation of the complaint mentioned in § 48-1 the grand jury is satisfied that the nuisance complained of is of a public nature, it shall proceed to make presentment against such person or persons as they may find have created or caused such nuisance.

Code 1919, § 1520.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1993–2021 · leading case: Dietz v. Dietz, 436 S.E.2d 463 (Va. Ct. App. 1993).

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Dietz v. Dietz, 436 S.E.2d 463 (Va. Ct. App. 1993). · cites it 3× “Va. Code § 48-2 -l-(F)(5)(9) (1992) (separate property is that acquired after the separation of the parties “next preceding the filing of an action” and which “continues .”

Jordan v. Commonwealth, 549 S.E.2d 621 (Va. Ct. App. 2001). · cites it 2× “If the owner is not a resident or citizen, or cannot be located, the special grand jury may make a presentment against the property itself.”

P.A. v. T.A., 793 S.E.2d 866 (W. Va. 2016). “Va. Code § 48-2 -l(f)(6) (1986). *223 Syl.”

Haller v. Haller, 481 S.E.2d 793 (W. Va. 1996). “Va.Code § 48-2 — 15(c) (1996). We find no error with regard to the circuit court’s determination that West Virginia had jurisdiction over this matter, and note, in any event, that Louisiana essentially declined jurisdiction over the custody matter and deferred to West Virginia.”

Kubli v. Westwood Bldgs. L.P. (Va. 2021). · cites it 7× “See Kent Sinclair, Sinclair on Virginia Remedies § 48-2[B], at 48-10 (5th ed. 2016) (describing 16 the existence of “a transfer from the debtor’s estate” as “[a] basic requirement”).”

Saifullah K. Niazi v. Commonwealth of Virginia (Va. Ct. App. 2004). “Saifullah Niazi of causing or creating a public nuisance, Code §§ 48-2 and 48-5, and of permitting the continuation of a public nuisance, Code §§ 48-1 and 48-6.”

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