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2018 SESSION

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18101792D
SENATE BILL NO. 270 Offered January 10, 2018 Prefiled January 5, 2018 A BILL to amend and reenact § 22.1-128 of the Code of Virginia, relating to school property; unrecorded encumbrances. ---------- Patron-- Black ---------- Referred to Committee on Education and Health ----------

Be it enacted by the General Assembly of Virginia:

1. That § 22.1-128 of the Code of Virginia is amended and reenacted as follows:

§ 22.1-128. Title to real estate.

A. Whenever any school board purchases real estate property or acquires title thereto, the title to such real estate property shall be certified in writing by a competent and discreet attorney-at-law selected by the school board, or title insurance, approved by a competent and discreet attorney-at-law selected by the school board, shall be purchased for such real estate property. Such certification or policy of insurance shall be filed with the clerk of the school board along with the recorded deed or other papers by which the title is conveyed. No contract for any such purchase shall bind the school board until the title to such real estate property is thus certified or insured.

The school board shall pay to the attorney reasonable compensation for these services.

B. Whenever a school board or governing body acquires real property for the purpose of constructing a school facility, the real property shall not be subjected to or restricted by any unrecorded covenants, equitable servitudes, or other encumbrances unless such school board or governing body had actual notice of such.