42.1-89 - Petition and court order for return of public records not in authorized possession.
§ 42.1-89. Petition and court order for return of public records not inauthorized possession.
The Librarian of Virginia or his designated representative such as the StateArchivist or any public official who is the custodian of public records inthe possession of a person or agency not authorized by the custodian or bylaw to possess such public records shall petition the circuit court in thecity or county in which the person holding such records resides or in whichthe materials in issue, or any part thereof, are located for the return ofsuch records. The court shall order such public records be delivered to thepetitioner upon finding that the materials in issue are public records andthat such public records are in the possession of a person not authorized bythe custodian of the public records or by law to possess such public records.If the order of delivery does not receive compliance, the plaintiff shallrequest that the court enforce such order through its contempt power andprocedures.
(1975, c. 180; 1976, c. 746; 1998, c. 427.)