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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 7.1-22 of the Code of Virginia is amended and reenacted as follows:
§ 7.1-22. Reversion to Commonwealth; recorded title prerequisite to vesting jurisdiction.
A. As used in this section, unless the context requires otherwise:
"Corrective action" means the response and remediation to environmental contamination to the extent required by any applicable environmental law or regulation applicable to the property.
"Environmental contamination" means any hazardous waste, substance or toxic material, or its discharge or release, that is regulated under any environmental law or regulation applicable to the property, and shall include petroleum (including crude oil), natural gas, liquefied natural gas, ordnance, unexploded munitions, and asbestos.
A. B. If the United States shall cease to be the owner of any
lands, or any part thereof, granted or conveyed to it by the Commonwealth,
or ; if the purposes of any such grant or conveyance to the United
States shall cease,; or if the United States shall for five
consecutive years fail to use any such land for the purposes of the grant or
conveyance, then, and in that event, the right and title to such land, or
such part thereof, shall immediately revert to the Commonwealth unless
such land, or part thereof, contains environmental contamination. No land
containing environmental contamination shall be transferred or revert to the
Commonwealth, unless and until all corrective action necessary to protect
human health and the environment with respect to any environmental
contamination on the lands, or portion thereof, has been completed to the
satisfaction of the Commonwealth and approved by the Governor pursuant to §
2.1-504.2, and the United States has executed and delivered a transfer
instrument including covenants warranting that (i) all corrective action
necessary to protect human health and the environment with respect to any
environmental contamination on the land or any portion thereof has been
taken, and (ii) any corrective action for environmental contamination
occurring before the date of transfer found to be necessary after the date of
the transfer of the title of the land or any portion thereof shall be
conducted by the United States.
In cases where the Defense Base Closure and Realignment Commission (BRAC Commission) established pursuant to P.L. 101-510 (1990) identifies U.S. military bases located in Virginia for closure, the Commonwealth shall have, in addition to the foregoing, the right to enter upon such lands so identified for the purpose of inspection for environmental contamination. Upon completion of such inspection, the Commonwealth shall report its findings to the Governor and the appropriate federal agencies.
B. C. All deeds, conveyances or title papers for the transfer
of title of lands to the United States shall be recorded in the county or
corporation wherein the land or the greater part thereof lies, but no tax
shall be required on any such instrument made to the United States by which
they acquire lands for public purposes.
C. D. The jurisdiction ceded by § 7.1-18.1 shall not vest
until the United States shall have acquired the title of record to such
lands, or rights or interest therein, by purchase, condemnation, lease or
otherwise. So long as the lands, or any rights or interest therein, are held
in fee simple by the United States, and no longer, such lands, rights or
interest, as the case may be, shall continue exempt and exonerated, from all
state, county and municipal taxes which may be levied or imposed under the
authority of this Commonwealth.