Section 145. Padlocked premises; penalty

It is a Class 1 misdemeanor for any person to enter the padlocked premises without prior approval of the Tax Commissioner. For purposes of this provision:

1. Persons who enter the premises under emergency conditions to protect life or property shall be deemed to have the prior permission of the Tax Commissioner for such entry.

2. The owner of the premises, or an employee or agent of the owner who enters the premises for purposes of routine maintenance shall be deemed to have the prior permission of the Tax Commissioner for such entry.

3. Any person who desires to remove his personal property from the premises shall contact the designated agent of the Tax Commissioner to establish his ownership of the property and to obtain permission to remove it.

If the property has been repaired by the business enterprise, or other charges are owed to the business enterprise by the owner of the property, the Tax Commissioner may require payment to the Department of Taxation for such charges prior to permitting the removal of such property. Prior to permitting the removal of such property, the Tax Commissioner may require a lien holder to establish the priority and amount of his lien to establish the fair market value of the property, and to pay an amount representing the excess of the fair market value of the property over the amount secured by the lien on the property. Any payments received shall be applied first to the expenses of levy and sale, if any, then to the delinquent tax.

4. Under no circumstances will any person be deemed to have permission to enter the premises if:

a. The purpose of the entry is to operate the business enterprise, or

b. The purpose of the entry is to remove, conceal or destroy any property on the premises (unless subdivision 1 applies).

Historical Notes

Derived from VR630-01-1805.1 § 6, eff. April 1, 1990.

Statutory Authority

§§ 58.1-203 and 58.1-1805 of the Code of Virginia.