Any person who is injured due to another person's committing waste on his land may recover damages for such waste by initiating a civil action. If a jury finds that the waste was a result of wanton misconduct, judgment shall be for double the amount of damages assessed.
§ 8.01-178.2.Civil action for waste; double damages.
Chapter 3. Actions · Article 15.1. Waste · Last amended 2019 · Last verified July 16, 2026
In one sentenceA person injured by another’s waste on their land may bring a civil action for damages, and if the jury finds the waste resulted from wanton misconduct, the judgment doubles the assessed damages.
Full Text of § 8.01-178.2
Plain-English Summary
Section 8.01-178.2 supplies the remedy for the liability Section 8.01-178.1 establishes: a civil action. Anyone injured because another person committed waste on their land can sue for damages in an ordinary civil action, rather than needing some special proceeding.
The section adds an enhancement for the worst conduct. If the jury finds that the waste resulted from wanton misconduct — not mere carelessness, but a reckless or conscious disregard for the harm being done — the judgment goes beyond the damages the jury assessed. It doubles that amount, giving the injured landowner twice the compensatory figure when the waste was committed with that heightened culpability.
Frequently Asked Questions
How does a landowner pursue a remedy for waste under this article?
By initiating a civil action for damages under Section 8.01-178.2.
What happens if the jury finds the waste was the result of wanton misconduct?
The judgment is for double the amount of damages assessed.
Is double damages automatic in every waste action?
No, it applies only when the jury specifically finds the waste resulted from wanton misconduct.
What is the baseline remedy for waste under this section?
Damages assessed by the fact-finder for the harm the waste caused.
Who can be sued under Section 8.01-178.2?
The section refers to “another person” who commits waste, with Section 8.01-178.1 identifying the categories of person who can be held liable.
Amendment History
Code 1919, § 5509; Code 1950, § 55-214; 2019, c. 712.
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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