Newport News, VA asked in Real Estate Law for Virginia

Q: Is a court order required to remove part of my back fence (wooden/no gate) codes and compliance remove my belongings

I was never given notice (except by my landlord that she had received a letter). I came home to a corrections officer and local inmates removing my property from the back yard. They had already removed everything from the front (kids toys, wagon etc) to a trash pile at the street. I have read the municode for my city. I have Contacted magistrate, police and codes and compliance on the matter and can not seem to get a straight answer.

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1 Lawyer Answer
Thomas H. Roberts
Thomas H. Roberts
Answered
  • Richmond, VA
  • Licensed in Virginia

A: The law is clear under both the Virginia and US Constitution that that no person shall be deprived of his life, liberty, or property without due process of law. (See Article 1, Section 11 of the Virginia Constitution). Due process requires prior notice and an opportunity to be heard. Additionally, a common law action for trespass may be implicated.

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