SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2010 SESSION
10102185DBe it enacted by the General Assembly of Virginia:
1. That § 28.2-1200.1 of the Code of Virginia is amended and reenacted as follows:
§ 28.2-1200.1. Conveyance of state-owned bottomlands.
A. In order to fulfill the Commonwealth's responsibility under Article XI of the Constitution of Virginia to conserve and protect public lands for the benefit of the people, the Commonwealth shall not convey fee simple title to state-owned bottomlands covered by waters. However, the Commonwealth may grant a lease, easement, or other limited interest in state-owned bottomlands covered by waters pursuant to § 28.2-1208 or as long as the property is used by a governmental entity for the performance of a governmental activity, as defined in §§ 28.2-1300 and 28.2-1400.
B. The Commonwealth may convey fee simple title to specified parcels of state-owned bottomlands that have been lawfully filled. For the purpose of this section, "lawfully filled" means the deposit of fill was (i) authorized by statute, (ii) pursuant to valid court order, (iii) authorized or permitted by state officials pursuant to statutory authority subsequent to July 1, 1960, or (iv) under apparent color of authority prior to July 1, 1960. In the absence of information to the contrary, it may be presumed that state-owned bottomlands filled prior to July 1, 1960, were filled under apparent color of authority and, it may also be presumed, that all of the fill on the specified parcel was lawfully authorized if a substantial portion of the fill on such parcel was authorized. Properties not qualified under clauses (i) through (iv) of this subsection shall not be eligible for conveyance under this section.
C. Except as provided in
subsection D, the The grantee
shall compensate the Commonwealth in
an amount commensurate with the property interest being conveyed, which shall
be considered equivalent to 25 percent of the assessed value of the specified
parcel, exclusive of any buildings or other improvements. The assessed value
shall be established as the average of the local real estate tax assessments
for the most recent 10 years available for the specified parcel. If no such
assessments are available for the specified parcel, then the assessed value
shall be calculated as the percentage, by square footage or acreage, that the
specified parcel represents of the larger parcel for which such assessments are
available for the cost of preparing
and recording the transfer documents.
D. If the Commission
determines that unique circumstances exist, the Commission may allow the
grantee to compensate the Commonwealth in an amount less than 25 percent of the
assessed value of the specified parcel. Any such determination by the
Commission shall be justified in writing and shall not be subject to judicial
review.