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§ 8.01-490.No unreasonable distress or levy; sustenance provided for livestock; removal of property.

Chapter 18. Executions and Other Means of Recovery · Article 4. Enforcement Generally · Last amended 2022 · Last verified July 16, 2026

In one sentenceOfficers may never make an unreasonable distress or levy, must feed any livestock they seize while it stays in their custody, and generally cannot remove seized property outside the county or city, except that a licensed auctioneer may be hired to sell it and the property moved to wherever that auction takes place.

Full Text of § 8.01-490

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Officers shall in no case make an unreasonable distress or levy. For horses, or any livestock distrained or levied on, the officer shall provide sufficient sustenance while they remain in his possession. Nothing distrained or levied on shall be removed by him out of his county or city, except that an officer distraining or levying on personal property may employ a Virginia-licensed auctioneer or auction firm, as those terms are defined in § 54.1-600, to sell such property on behalf of the officer, and the officer may remove such property to transport such property to the site of an auction for such sale, regardless of whether such site is within or outside such officer's county or city, or unless when it is otherwise specially provided.

Plain-English Summary

Section 8.01-490 layers three separate protections onto the distress and levy process. First, and most broadly, officers are barred outright from making an unreasonable distress or levy — a general check on overreach that applies regardless of what specific property is involved.

Second, the section addresses livestock directly. Horses or other animals that are distrained or levied on do not sit and wait untended; the officer must provide sufficient sustenance for them for as long as they remain in the officer’s possession.

Third, the section restricts where seized property can go. As a rule, nothing distrained or levied on may be removed outside the officer’s own county or city. The one significant exception allows the officer to hire a Virginia-licensed auctioneer or auction firm to sell the property and, in doing so, to transport that property to wherever the auction takes place, whether inside or outside the officer’s own jurisdiction — unless some other statute specially provides otherwise.

Frequently Asked Questions

What general limit does this section place on officers making a distress or levy?

Officers shall in no case make an unreasonable distress or levy.

What must an officer do for livestock that has been seized?

Provide sufficient sustenance for horses or any livestock distrained or levied on while they remain in the officer’s possession.

Can an officer remove seized property outside the county or city?

Generally no, except that an officer may employ a licensed auctioneer or auction firm to sell the property and may transport it to an auction site regardless of whether that site is within or outside the officer’s county or city.

Who must the auctioneer be licensed by?

The auctioneer or auction firm must be Virginia-licensed, as those terms are defined in § 54.1-600.

Are there other exceptions to the removal restriction?

Yes, the section also allows removal when otherwise specially provided by law.

Amendment History

Code 1950, § 8-421.2; 1977, c. 617; 2022, c. 62.

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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