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2010 SESSION
10103619DBe it enacted by the General Assembly of Virginia:
1. That § 22.1-129 of the Code of Virginia is amended and reenacted as follows:
§ 22.1-129. Surplus property; sale, exchange or lease of real and personal property.
A. Whenever a school board determines that it has no use for
some of its real property, the school board may sell such property and may
retain all or a portion of the proceeds of such sale upon approval of the local
governing body and after the school board has held a public hearing on such sale
and retention of proceeds, or may convey the title to such real property to the
county or city or town comprising the school division or, if the school
division is composed of more than one county or city, to the county or city in
which the property is located, or may convey the
title to such real property to a Virginia nonprofit
charitable organization that has been granted
an exemption from federal income taxation
pursuant to § 501(c)(3) of the Internal Revenue Code. To
convey the title, the school board shall adopt a resolution that such real
property is surplus and shall record such resolution along with the deed to the
property with the clerk of the circuit court for the county or city where such
property is located. Upon the recording of the resolution and the deed, the
title shall vest in the appropriate county, city, or town or
nonprofit charitable organization.
If a school board sells surplus real property, a capital improvement fund shall be established by such school board and the proceeds of such sale retained by the school board shall accrue to such capital improvement fund. The capital improvement fund shall only be used for new school construction, school renovation, and major school maintenance projects.
B. A school board shall have the power to exchange real and personal property, to lease real and personal property either as lessor or lessee, to grant easements on real property, to convey real property in trust to secure loans, to convey real property to adjust the boundaries of the property and to sell personal property in such manner and upon such terms as it deems proper. As lessee of real property, a school board shall have the power to expend funds for capital repairs and improvements on such property, if the lease is for a term equal to or longer than the useful life of such repairs or improvements.
C. Notwithstanding the provisions of subsections A and B, a school board shall have the power to sell career and technical education projects and associated land pursuant to § 22.1-234.
Notwithstanding the provisions of subsections A and B, a school board of the City of Virginia Beach shall have the power to sell property to the Virginia Department of Transportation or the Commonwealth Transportation Commissioner when the Commissioner has determined that (i) such conveyance is necessary and (ii) when eminent domain has been authorized for the construction, reconstruction, alteration, maintenance, and repair of the public highways of the Commonwealth, and for all other purposes incidental thereto, including, but not limited to, the relocation of public utilities as may be required.
D. Notwithstanding § 2.2-1124, Schoolschool
boards may donate (i) obsolete
educational technology hardware and software that is being replaced pursuant to
subdivision B 4 of § 22.1-199.1 and (ii) other obsolete personal property such as furniture or school buses.
Any such donations shall be offered to other school divisions, to students, as
provided in Board of Education guidelines, and
to preschool programs in the Commonwealth, and
to a Virginia nonprofit
charitable organization that has been granted an exemption from federal income
taxation pursuant to § 501(c)(3) of the Internal Revenue
Code.