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§ 8.01-489.Growing crops, not severed, not liable to distress or levy.

Chapter 18. Executions and Other Means of Recovery · Article 4. Enforcement Generally · Last amended 1977 · Last verified July 16, 2026

In one sentenceThis single-sentence protection shields any growing crop that has not yet been cut or harvested from being seized through distress or levy, meaning a creditor’s officer cannot take unharvested crops still attached to the land to satisfy a debt or judgment.

Full Text of § 8.01-489

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No growing crop of any kind, not severed, shall be liable to distress or levy.

Plain-English Summary

Section 8.01-489 protects a category of property that would otherwise sit in a vulnerable position: crops still growing in the field. Whatever kind of crop it is, so long as it has not been severed from the land, it cannot be taken through distress or levy.

The protection makes practical sense. A crop that has not been harvested is not yet a finished, marketable good — its value is uncertain, its removal would likely destroy or waste it, and severing it prematurely just to satisfy a debt would harm the debtor without necessarily benefiting the creditor. Once the crop is cut and severed from the land, it becomes ordinary personal property and loses this particular shield.

Frequently Asked Questions

Can a growing crop be seized through levy or distress?

No. No growing crop of any kind, not severed, shall be liable to distress or levy.

What makes a crop lose this protection?

Severance from the land removes the protection described in this section, since it applies specifically to crops “not severed.”

Does this protection apply to only certain types of crops?

No, it applies to a growing crop “of any kind,” without limiting the protection to particular crop types.

Does this section distinguish between distress and levy?

No, it treats both the same way, barring growing unsevered crops from either distress or levy.

Is this an old or recently added protection?

It traces to Code 1950, § 8-421.1, showing it has been part of Virginia execution law since the mid-twentieth century recodification.

Amendment History

Code 1950, § 8-421.1; 1977, c. 617.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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