Terms Used In Virginia Code > Title 21 > Chapter 6 - Drainage Projects

• Adjacent to such authority: includes real or personal property which is contiguous, neighboring, or within reasonable proximity of an authority. See Virginia Code 15.2-6301
• Advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or that are likely to induce, directly or indirectly, the purchase of food. See Virginia Code 3.2-5120
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Allegation: something that someone says happened.
• Animal: means any organism of the kingdom Animalia, other than a human being. See Virginia Code 3.2-5900
• Animal food manufacturer: means any person engaged in the business of preparing animal (including poultry) food derived wholly or in part from livestock or poultry carcasses or parts or products of such carcasses. See Virginia Code 3.2-5400
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appraisal: A determination of property value.
• Area of operation: means an area coextensive with the territorial boundaries of the land acquired from the federal government by the authority. See Virginia Code 15.2-6301
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authority: means any political subdivision created by this chapter. See Virginia Code 15.2-6301
• Authority: means any regional facility authority organized and existing pursuant to this chapter. See Virginia Code 15.2-6400
• Authority: means the BVU Authority created by entity conversion of Bristol Virginia Utilities by this chapter. See Virginia Code 15.2-7202
• Board: means the board of directors of an authority. See Virginia Code 15.2-6400
• Board: means the Board of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Board of Directors: means the governing body of the Authority. See Virginia Code 15.2-7202
• Bonds: means any bonds, notes, interim certificates, debentures, or other obligations issued by an authority pursuant to this chapter. See Virginia Code 15.2-6301
• Bonds: means any bonds, notes, debentures, bond acceptance notes, or other evidence of financial indebtedness either issued or assumed by the Authority pursuant to this chapter. See Virginia Code 15.2-7202
• Bristol Virginia Utilities Board: means the Board of Directors of Bristol Virginia Utilities governing that entity until the Authority Board takes office on July 1, 2010. See Virginia Code 15.2-7202
• Broker: means any person engaged in the business of buying or selling livestock products or poultry products on commission, or otherwise negotiating purchases or sales of such articles other than for his own account or as an employee of another person. See Virginia Code 3.2-5400
• Butter: means the food product generally known as butter, which is made exclusively from milk or cream, or both, with or without common salt, and with or without coloring matter, and containing not less than 80 percent by weight of milk fat, having allowed for all tolerances. See Virginia Code 3.2-5120
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• City: means the City of Bristol, Virginia. See Virginia Code 15.2-7202
• City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
• City Council: means the City Council of the City of Bristol, Virginia. See Virginia Code 15.2-7202
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Commission: means the Virginia State Corporation Commission. See Virginia Code 15.2-7202
• Commissioner: means the Commissioner of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Commissioners: means the members of the board of commissioners of an authority. See Virginia Code 15.2-6301
• Commonwealth: means the Commonwealth of Virginia. See Virginia Code 15.2-7202
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Composting: means the natural process in which beneficial microbes reduce dead poultry into a biologically safe by-product. See Virginia Code 3.2-6024
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• Council: means the governing body of a city or town. See Virginia Code 15.2-102
• County: means any existing county or such unit hereafter created. See Virginia Code 15.2-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dead poultry: means poultry, exclusive of those intentionally slaughtered, that die as a result of disease, injury, or of natural causes, upon any premises in the Commonwealth. See Virginia Code 3.2-6024
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Agriculture and Consumer Services. See Virginia Code 3.2-100
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Devise: To gift property by will.
• Disposal: means to put dead poultry into a landfill or the complete destruction of dead poultry in an incinerator or a disposal pit, or by rendering or composting. See Virginia Code 3.2-6024
• Disposal pit: means an opening dug in the ground to a minimum depth of six feet, containing a minimum capacity of 150 cubic feet, covered with a minimum of 12 inches of dirt, and provided with one or more openings for the introduction of poultry therein. See Virginia Code 3.2-6024
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• enclosure: means any fenced area open commercially to the public or any private facility where animals are held for the purpose of being shot. See Virginia Code 3.2-6035
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Facility: means a particular building or structure or particular buildings or structures, including all equipment, appurtenances and accessories necessary or appropriate for the operation of such facility. See Virginia Code 15.2-6301
• Facility: means any structure or park, including real estate and improvements as applicable, for manufacturing, warehousing, distribution, office, or other industrial, residential, recreational or commercial purposes. See Virginia Code 15.2-6400
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• farm: means any person that obtains at least 51 percent of its annual gross income from agricultural operations and produces the agricultural waste used as feedstock for the waste-to-energy technology, (ii) "agricultural waste" means biomass waste materials capable of decomposition that are produced from the raising of plants and animals during agricultural operations, including animal manures, bedding, plant stalks, hulls, and vegetable matter, and (iii) "waste-to-energy technology" means any technology, including but not limited to a methane digester, that converts agricultural waste into gas, steam, or heat that is used to generate electricity on-site. See Virginia Code 1-222.1
• Federal act: means the Federal Food, Drug and Cosmetic Act (Title Virginia Code 3.2-5120
• Federal acts: means the Federal Meat Inspection Act (Virginia Code 3.2-5400
• Federal government: includes the United States of America, or any department, agency or instrumentality, corporate or otherwise, of the United States of America. See Virginia Code 15.2-6301
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiduciary: A trustee, executor, or administrator.
• food: as used in this article means all articles used for food, drink, confectionery or condiment, whether simple, mixed or compound, and all substances or ingredients used in the preparation thereof, intended for human consumption and introduction into commerce. See Virginia Code 3.2-5105
• Food: means all articles used for food, drink, confectionery, or condiment, for humans or other animals, whether simple, mixed, or compound, and all substances or ingredients used in the preparation thereof. See Virginia Code 3.2-5120
• food: as used in this article means all articles used for food, drink, confectionery or condiment, whether simple, mixed or compound, and all substances or ingredients used in the preparation thereof, intended for human consumption and introduction into commerce. See Virginia Code 3.2-5129
• Food: means any article that is intended for human consumption and introduction into commerce, whether the article is simple, mixed, or compound, and all substances or ingredients used in the preparation thereof. See Virginia Code 3.2-5145.1
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Garbage: means animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of foods containing animal carcasses or parts thereof. See Virginia Code 3.2-6031
• Governing bodies: means the boards of supervisors of counties and the councils of cities and towns which are members of an authority. See Virginia Code 15.2-6400
• Governing body: means the board of supervisors of a county, council of a city, or council of a town, as the context may require. See Virginia Code 15.2-102
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Hatching egg: means any egg of any chicken, turkey, waterfowl, or game bird, or the egg of any other avian species that is used or intended to be used for hatching purposes. See Virginia Code 3.2-5900
• Holder: means a corporation, association, partnership or two or more persons having a joint or common interest. See Virginia Code 3.2-5218
• Immediate container: means any consumer package; or any other container in which livestock products or poultry products, not consumer packaged, are packed. See Virginia Code 3.2-5400
• Incinerator: means a device designed for treatment of waste by combustion. See Virginia Code 3.2-6024
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Industrial hemp: means a Cannabis sativa plant that has a concentration of tetrahydrocannabinol that is no greater than that allowed by federal law. See Virginia Code 3.2-5145.1
• Industrial hemp extract: means an extract (i) of industrial hemp, (ii) that is intended for human consumption, and (iii) except as otherwise provided in subsection M of § 54. See Virginia Code 3.2-5145.1
• Infrastructure: means all property, whether attached to real property or not, now used by Bristol Virginia Utilities and hereafter used by the Authority for the provision of (i) electric, water, sewer, telecommunications, internet, and cable television services and (ii) all other utility services the Authority may lawfully provide. See Virginia Code 15.2-7202
• inhabitants: means with reference to any county, city, town, political subdivision of the Commonwealth or any combination thereof, the natural persons in such county, city, town, political subdivision or combination as shown by the unadjusted United States decennial census last preceding the time at which any provision dependent upon population is being applied or the time as of which it is being construed. See Virginia Code 1-235
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspector: means an employee or official of the Commonwealth authorized by the Commissioner or any employee or official of the government of any locality authorized by the Commissioner to perform any inspection functions under this article under an agreement between the Commissioner and such governmental subdivision. See Virginia Code 3.2-5400
• Label: means a display of written, printed, or graphic matter upon any article or the immediate container (not including package liners) of any article. See Virginia Code 3.2-5400
• Label: means a display of written, printed, or graphic matter upon the immediate container of any article. See Virginia Code 3.2-5120
• Labeling: means all labels and other written, printed, or graphic matter: (i) upon any article or any of its containers or wrappers; or (ii) accompanying such article. See Virginia Code 3.2-5400
• Labeling: means all labels and other written, printed, or graphic matter upon an article or any of its containers or wrappers, or accompanying such article. See Virginia Code 3.2-5120
• Landfill: means an area permitted by the Department of Environmental Quality allowing the disposal of dead poultry. See Virginia Code 3.2-6024
• Lien: A claim against real or personal property in satisfaction of a debt.
• Livestock: includes all domestic or domesticated bovine animals; equine animals; ovine animals; porcine animals; cervidae animals; capradae animals; animals of the genus Lama or Vicugna; ratites; fish or shellfish in aquaculture facilities, as defined in § Virginia Code 3.2-5900
• Livestock: means any cattle, sheep, swine, goats, horses, mules, or other equines, whether live or dead. See Virginia Code 3.2-5400
• Livestock product: means any carcass, part thereof, meat, or meat food product of any livestock. See Virginia Code 3.2-5400
• local government: shall be construed to mean a county, city, or town as the context may require. See Virginia Code 15.2-102
• Locality: means a county, city, or town as the context may require. See Virginia Code 1-221
• Meat food product: means any product capable of use as human food that is made wholly or in part from any meat or other portion of the carcass of any cattle, sheep, swine, or goats. See Virginia Code 3.2-5400
• Member localities: means the counties, cities, and towns, or combination thereof, which are members of an authority. See Virginia Code 15.2-6400
• MLEC: means any city, county, or town certificated to provide local exchange and/or interexchange telecommunications services pursuant to § Virginia Code 15.2-7202
• Month: means a calendar month and "year" means a calendar year. See Virginia Code 1-223
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Oath: A promise to tell the truth.
• Oath: includes affirmation. See Virginia Code 1-228
• obligee: includes any bondholder, trustee or trustees for any bondholders, and the federal government when it is a party to any contract with the authority. See Virginia Code 15.2-6301
• Official certificate: means any certificate prescribed by regulations of the Board for issuance by an inspector or other person performing official functions under this article. See Virginia Code 3.2-5400
• Official device: means any device prescribed or authorized by the Commissioner for use in applying any official mark. See Virginia Code 3.2-5400
• Official establishment: means any establishment as determined by the Commissioner at which inspection of the slaughter of livestock or poultry or the preparation of livestock products or poultry products is maintained under the authority of this article. See Virginia Code 3.2-5400
• Official inspection legend: means any symbol prescribed by regulations of the Board showing that an article was inspected and passed in accordance with this article. See Virginia Code 3.2-5400
• Official mark: means the official inspection legend or any other symbol prescribed by regulations of the Board to identify the status of any article or livestock or poultry under this article. See Virginia Code 3.2-5400
• package: means any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover. See Virginia Code 3.2-5400
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any person who engages in the raising or keeping of poultry for profit in the Commonwealth. See Virginia Code 3.2-6024
• Personal property: All property that is not real property.
• Personal representative: includes the executor of a will or the administrator of the estate of a decedent, the administrator of such estate with the will annexed, the administrator of such estate unadministered by a former representative, whether there is a will or not, any person who is under the order of a circuit court to take into his possession the estate of a decedent for administration, and every other curator of a decedent's estate, for or against whom suits may be brought for causes of action that accrued to or against the decedent. See Virginia Code 1-234
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Political subdivision: means , when referring to an entity other than the Authority, a locality, authority, or other public body of the Commonwealth or of any state in which the Authority does business. See Virginia Code 15.2-7202
• Poultry: includes all domestic fowl and game birds raised in captivity. See Virginia Code 3.2-5900
• Poultry: means any domesticated bird, whether live or dead. See Virginia Code 3.2-5400
• Poultry: means all chickens, ducks, turkeys, or other domestic fowls being raised or kept on any premises in the Commonwealth for profit. See Virginia Code 3.2-6024
• Poultry product: means any poultry carcass or part thereof; or any product that is made wholly or in part from any poultry carcass or part thereof, excepting products that contain poultry ingredients only in a relatively small proportion or historically have not been considered by consumers as products of the poultry food industry, and that are exempted by the Commissioner from definition as a poultry product under such conditions as he may prescribe to assure that the poultry ingredients in such products are not adulterated and that such products are not represented as poultry products. See Virginia Code 3.2-5400
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Premises: means the entire tract of land including the buildings thereon, owned, leased, or used by any person for the raising or keeping of poultry for profit. See Virginia Code 3.2-6024
• Prepared: means slaughtered, canned, salted, stuffed, rendered, boned, cut up, or otherwise manufactured or processed. See Virginia Code 3.2-5400
• Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
• Project: means any specific enterprise undertaken by an authority, including the facilities as hereinafter defined, and all other property, real or personal or any interest therein, necessary or appropriate for the operation of such property. See Virginia Code 15.2-6301
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Raising or keeping of poultry for profit: means the raising or keeping of 500 or more poultry at one time for the purpose of sale of such poultry or the eggs produced therefrom. See Virginia Code 3.2-6024
• real estate: includes lands, tenements and hereditaments, and all rights and appurtenances thereto and interests therein, other than a chattel interest. See Virginia Code 1-219
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Region: means the area within the boundaries of the member localities. See Virginia Code 15.2-6400
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Render: means any person engaged in the business of rendering livestock or poultry carcasses, or parts of products of such carcasses, except rendering conducted under inspection or exemption under this article. See Virginia Code 3.2-5400
• Rendering: means treating dead poultry according to the process described in Virginia Code 3.2-6024
• state agency: means the same as that term is defined in § Virginia Code 1-206
• State Veterinarian: means the veterinarian employed by the Commissioner as provided in § Virginia Code 3.2-5900
• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tetrahydrocannabinol: means the same as that term is defined in § Virginia Code 3.2-5145.1
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Total tetrahydrocannabinol: means the same as that term is defined in § Virginia Code 3.2-5145.1
• Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July one, nineteen hundred seventy-one, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 15.2-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• utility services: means and includes electric, water, sewer, and telecommunications, internet and cable television services, including all other services that might be lawfully rendered by use of its fiber optic system. See Virginia Code 15.2-7202
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Venue: The geographical location in which a case is tried.
• Wildlife: means any native or exotic wild animal or bird. See Virginia Code 3.2-6035
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.