The Librarian of Virginia or his designated representative such as the State Archivist or any public official who is the custodian of public records in the possession of a person or agency not authorized by the custodian or by law to possess such public records shall petition the circuit court in the city or county in which the person holding such records resides or in which the materials in issue, or any part thereof, are located for the return of such records. The court shall order such public records be delivered to the petitioner upon finding that the materials in issue are public records and that such public records are in the possession of a person not authorized by the custodian of the public records or by law to possess such public records. If the order of delivery does not receive compliance, the plaintiff shall request that the court enforce such order through its contempt power and procedures.
1975, c. 180; 1976, c. 746; 1998, c. 427.
Structure Code of Virginia
Chapter 7 - Virginia Public Records Act
§ 42.1-76. Legislative intent; title of chapter
§ 42.1-76.1. Notice of Chapter
§ 42.1-78. Confidentiality safeguarded
§ 42.1-79. Records management function vested in the Library of Virginia
§ 42.1-82. Duties and powers of Library Board
§ 42.1-85. Records Management Program; agencies to cooperate; agencies to designate records officer
§ 42.1-86. Essential public records; security recovery copies; disaster plans
§ 42.1-86.01. Records may be retained in electronic medium
§ 42.1-86.1. Disposition of public records
§ 42.1-87. Archival public records
§ 42.1-88. Custodians to deliver all records at expiration of term; penalty for noncompliance
§ 42.1-89. Petition and court order for return of public records not in authorized possession
§ 42.1-90. Seizure of public records not in authorized possession
§ 42.1-91.1. Availability of public records created prior to January 1, 1901