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2007 SESSION

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HB 2782 Bottomlands; conveyance of state-owned.

Introduced by: Harvey B. Morgan | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Conveyance of state-owned bottomlands.  Clarifies that it shall be the policy of the Commonwealth to convey only limited interests to state-owned bottomlands covered by state waters and to convey state-owned bottomlands covered by fill provided that such lands were lawfully filled. Purchasers of filled land will compensate the Commonwealth in an amount equal to 25% of the assessed value of the land being conveyed. In unique situations, the Marine Resources Commission may consider compensation to the Commonwealth in an amount less than 25% of the assessed value of the land being conveyed. The provisions of the bill shall not affect any pending litigation.

SUMMARY AS PASSED:

Conveyance of state-owned bottomlands.  Clarifies that it shall be the policy of the Commonwealth to convey only limited interests to state-owned bottomlands covered by state waters and to convey state-owned bottomlands covered by fill provided that such lands were lawfully filled. The provisions of this act become effective on July 1, 2008, and shall not affect any litigation pending on the effective date.

SUMMARY AS PASSED HOUSE:

Conveyance of state-owned bottomlands.  Clarifies that it shall be the policy of the Commonwealth to convey only limited interests to state-owned bottomlands covered by state waters and to convey state-owned bottomlands covered by fill provided that such lands were lawfully filled.

SUMMARY AS INTRODUCED:

Conveyance of state-owned bottomlands.  Clarifies the limited circumstances under which the Commonwealth may convey title to state-owned bottomlands held in the public trust. The bill allows for the conveyance of (i) a limited estate in submerged lands pursuant to § 28.2-1208 or to governmental entities for governmental activities and (ii) a fee simple estate in bottomlands that have been lawfully filled, provided that the prospective owner pays fair market value for the land.