{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.01-653.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.01-653.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.01-653.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.01-653.1.html"}],"law_id":377740,"edition_id":2,"section_id":377740,"structure_id":53683,"section_number":"8.01-653.1","catch_line":"Mandamus to secure construction of act granting power to incur certain obligations for transportation needs","history":"1986, Sp. Sess., cc. 14, 16.","full_text":"Whenever the Comptroller notifies the Attorney General in writing that he entertains doubt respecting the constitutionality of any act of the General Assembly granting an agency of the Commonwealth or other governmental board or entity of the Commonwealth general powers to incur obligations for transportation needs where such obligations are subject to authorization by the General Assembly, the Attorney General shall file in the Supreme Court a petition for a writ of mandamus directing or requiring the Comptroller to pay the money as provided by any such act at such time in the future as may be proper. In order to expedite long-term planning by such an agency of the Commonwealth or other governmental board or entity of the Commonwealth and expedite its advice to the Governor and the General Assembly on possible alternative means of financing Virginia’s transportation needs, the petition may be filed after the enactment date of any such act, although (i) the General Assembly may not have enacted legislation specifically authorizing such an agency of the Commonwealth or other governmental board or entity of the Commonwealth to enter into specific obligations under its general authority or (ii) if such specific obligations have been authorized, the time for making payments has not arrived and no demand for payment has been made. The court shall consider and determine all questions raised by the Attorney General’s petition pertaining to the constitutionality or interpretation of any such act, even though some of the questions may not be necessary to the decision regarding the duty of the Comptroller to make payment of the moneys appropriated or directed to be paid.\n\nThe Comptroller shall be made a party defendant to the petition. The court may, in its discretion, cause other officers or persons to be made parties defendant as it may deem proper, and may make such order respecting the employment of an attorney or attorneys for any officer of the Commonwealth who is a party defendant as may be appropriate. The compensation of any attorney so employed shall be fixed by the court and upon its order paid out of the appropriation to the office or department of the public officer represented by the attorney in the proceeding.\n\n","order_by":null,"text":{"0":{"id":1409049,"text":"Whenever the Comptroller notifies the Attorney General in writing that he entertains doubt respecting the constitutionality of any act of the General Assembly granting an agency of the Commonwealth or other governmental board or entity of the Commonwealth general powers to incur obligations for transportation needs where such obligations are subject to authorization by the General Assembly, the Attorney General shall file in the Supreme Court a petition for a writ of mandamus directing or requiring the Comptroller to pay the money as provided by any such act at such time in the future as may be proper. In order to expedite long-term planning by such an agency of the Commonwealth or other governmental board or entity of the Commonwealth and expedite its advice to the Governor and the General Assembly on possible alternative means of financing Virginia’s transportation needs, the petition may be filed after the enactment date of any such act, although (i) the General Assembly may not have enacted legislation specifically authorizing such an agency of the Commonwealth or other governmental board or entity of the Commonwealth to enter into specific obligations under its general authority or (ii) if such specific obligations have been authorized, the time for making payments has not arrived and no demand for payment has been made. The court shall consider and determine all questions raised by the Attorney General’s petition pertaining to the constitutionality or interpretation of any such act, even though some of the questions may not be necessary to the decision regarding the duty of the Comptroller to make payment of the moneys appropriated or directed to be paid.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1409050,"text":"The Comptroller shall be made a party defendant to the petition. The court may, in its discretion, cause other officers or persons to be made parties defendant as it may deem proper, and may make such order respecting the employment of an attorney or attorneys for any officer of the Commonwealth who is a party defendant as may be appropriate. The compensation of any attorney so employed shall be fixed by the court and upon its order paid out of the appropriation to the office or department of the public officer represented by the attorney in the proceeding.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":53683,"edition_id":2,"name":"Mandamus and Prohibition","identifier":"2","label":"article","depth":3,"order_by":2,"parent_id":53681,"metadata":{"child_laws":12,"child_structures":0},"date_created":"2026-08-02 03:20:37","date_modified":"2026-08-02 12:28:27","permalink":{"id":1506345,"object_type":"structure","relational_id":53683,"identifier":"2","token":"8.01\/25\/2","url":"\/8.01\/25\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53681,"edition_id":2,"name":"Extraordinary Writs","identifier":"25","label":"chapter","depth":2,"order_by":55,"parent_id":53558,"metadata":{"child_laws":36,"child_structures":3},"date_created":"2026-08-02 03:20:35","date_modified":"2026-08-02 12:28:26","permalink":{"id":1506305,"object_type":"structure","relational_id":53681,"identifier":"25","token":"8.01\/25","url":"\/8.01\/25\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53558,"edition_id":2,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":12,"parent_id":null,"metadata":{"child_laws":1095,"child_structures":142},"date_created":"2026-08-02 03:18:32","date_modified":"2026-08-02 12:28:09","permalink":{"id":1504031,"object_type":"structure","relational_id":53558,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":377730,"structure_id":53683,"section_number":"8.01-644","catch_line":"Application for mandamus or prohibition","url":"\/8.01-644\/","token":"8.01\/25\/2\/8.01-644","metadata":false},{"id":377729,"structure_id":53683,"section_number":"8.01-644.1","catch_line":"Limitations of actions for petition for mandamus","url":"\/8.01-644.1\/","token":"8.01\/25\/2\/8.01-644.1","metadata":false},{"id":377731,"structure_id":53683,"section_number":"8.01-645","catch_line":"What petition to state; where presented","url":"\/8.01-645\/","token":"8.01\/25\/2\/8.01-645","metadata":false},{"id":377732,"structure_id":53683,"section_number":"8.01-646","catch_line":"When writ awarded if no defense made","url":"\/8.01-646\/","token":"8.01\/25\/2\/8.01-646","metadata":false},{"id":377733,"structure_id":53683,"section_number":"8.01-647","catch_line":"Defense; how made","url":"\/8.01-647\/","token":"8.01\/25\/2\/8.01-647","metadata":false},{"id":377734,"structure_id":53683,"section_number":"8.01-648","catch_line":"What judgment to be rendered","url":"\/8.01-648\/","token":"8.01\/25\/2\/8.01-648","metadata":false},{"id":377735,"structure_id":53683,"section_number":"8.01-649","catch_line":"Proceedings when application is to Supreme Court or Court of Appeals","url":"\/8.01-649\/","token":"8.01\/25\/2\/8.01-649","metadata":false},{"id":377737,"structure_id":53683,"section_number":"8.01-650","catch_line":"Suspension of proceedings, where prohibition applied for","url":"\/8.01-650\/","token":"8.01\/25\/2\/8.01-650","metadata":false},{"id":377738,"structure_id":53683,"section_number":"8.01-651","catch_line":"Suspension of proceedings by justice of Supreme Court or judge of Court of Appeals","url":"\/8.01-651\/","token":"8.01\/25\/2\/8.01-651","metadata":false},{"id":377739,"structure_id":53683,"section_number":"8.01-652","catch_line":"Service of writ; how obedience enforced","url":"\/8.01-652\/","token":"8.01\/25\/2\/8.01-652","metadata":false},{"id":377741,"structure_id":53683,"section_number":"8.01-653","catch_line":"Mandamus to secure construction of act directing payment out of treasury of the Commonwealth","url":"\/8.01-653\/","token":"8.01\/25\/2\/8.01-653","metadata":false},{"id":377740,"structure_id":53683,"section_number":"8.01-653.1","catch_line":"Mandamus to secure construction of act granting power to incur certain obligations for transportation needs","url":"\/8.01-653.1\/","token":"8.01\/25\/2\/8.01-653.1","metadata":false}],"previous_section":{"id":377741,"structure_id":53683,"section_number":"8.01-653","catch_line":"Mandamus to secure construction of act directing payment out of treasury of the Commonwealth","url":"\/8.01-653\/","token":"8.01\/25\/2\/8.01-653","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-653.1\/","history_text":false,"references":false,"refers_to":false,"permalink":{"id":1506391,"object_type":"law","relational_id":377740,"identifier":"8.01-653.1","token":"8.01\/25\/2\/8.01-653.1","url":"\/8.01-653.1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.01-653.1\/","token":"8.01\/25\/2\/8.01-653.1","dublin_core":{"Title":"Mandamus to secure construction of act granting power to incur certain obligations for transportation needs","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-653.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Whenever the Comptroller notifies the Attorney General<\/span> in writing that he entertains doubt respecting the constitutionality of any act of the General Assembly granting an agency of the Commonwealth or other governmental board or entity of the Commonwealth general powers to incur obligations for transportation needs where such obligations are subject to authorization by the General Assembly, the Attorney General<\/span> shall file in the Supreme Court<\/span> a petition<\/span> for a writ of mandamus<\/span> directing or requiring the Comptroller to pay the money as provided by any such act at such time in the future as may be proper. In order<\/span> to expedite long-term planning by such an agency of the Commonwealth or other governmental board or entity of the Commonwealth and expedite its advice to the Governor and the General Assembly on possible alternative means of financing Virginia’s transportation needs, the petition<\/span> may be filed after the enactment date of any such act, although (i) the General Assembly may not have enacted legislation specifically authorizing such an agency of the Commonwealth or other governmental board or entity of the Commonwealth to enter into specific obligations under its general authority or (ii) if such specific obligations have been authorized, the time for making payments has not arrived and no demand for payment has been made. The court<\/span> shall consider and determine all questions raised by the Attorney General<\/span>’s petition<\/span> pertaining to the constitutionality or interpretation of any such act, even though some of the questions may not be necessary to the decision regarding the duty of the Comptroller to make payment of the moneys appropriated or directed to be paid.<\/p>

The Comptroller shall be made a party<\/span> defendant<\/span> to the petition<\/span>. The court<\/span> may, in its discretion, cause other officers or persons<\/span> to be made parties defendant<\/span> as it may deem proper, and may make such order<\/span> respecting the employment of an attorney or attorneys for any officer of the Commonwealth who is a party<\/span> defendant<\/span> as may be appropriate. The compensation of any attorney so employed shall be fixed by the court<\/span> and upon its order<\/span> paid out of the appropriation to the office or department of the public officer represented by the attorney in the proceeding.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMANDAMUS TO SECURE CONSTRUCTION OF ACT GRANTING POWER TO INCUR CERTAIN\nOBLIGATIONS FOR TRANSPORTATION NEEDS (\u00a7 8.01-653.1)\n\nWhenever the Comptroller notifies the Attorney General in writing that he\nentertains doubt respecting the constitutionality of any act of the General\nAssembly granting an agency of the Commonwealth or other governmental board or\nentity of the Commonwealth general powers to incur obligations for\ntransportation needs where such obligations are subject to authorization by the\nGeneral Assembly, the Attorney General shall file in the Supreme Court a\npetition for a writ of mandamus directing or requiring the Comptroller to pay\nthe money as provided by any such act at such time in the future as may be\nproper. In order to expedite long-term planning by such an agency of the\nCommonwealth or other governmental board or entity of the Commonwealth and\nexpedite its advice to the Governor and the General Assembly on possible\nalternative means of financing Virginia’s transportation needs, the\npetition may be filed after the enactment date of any such act, although (i) the\nGeneral Assembly may not have enacted legislation specifically authorizing such\nan agency of the Commonwealth or other governmental board or entity of the\nCommonwealth to enter into specific obligations under its general authority or\n(ii) if such specific obligations have been authorized, the time for making\npayments has not arrived and no demand for payment has been made. The court\nshall consider and determine all questions raised by the Attorney\nGeneral’s petition pertaining to the constitutionality or interpretation\nof any such act, even though some of the questions may not be necessary to the\ndecision regarding the duty of the Comptroller to make payment of the moneys\nappropriated or directed to be paid.\n\nThe Comptroller shall be made a party defendant to the petition. The court may,\nin its discretion, cause other officers or persons to be made parties defendant\nas it may deem proper, and may make such order respecting the employment of an\nattorney or attorneys for any officer of the Commonwealth who is a party\ndefendant as may be appropriate. The compensation of any attorney so employed\nshall be fixed by the court and upon its order paid out of the appropriation to\nthe office or department of the public officer represented by the attorney in\nthe proceeding.\n\nHISTORY: 1986, Sp. Sess., cc. 14, 16.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}