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2000 SESSION

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003887946
HOUSE BILL NO. 738 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Agriculture, Conservation and Natural Resources on February 28, 2000) (Patron Prior to Substitute--Delegate Suit) A BILL to allow a city with a population of 350,000 or more to sell an interest in open-space land without substituting another interest in land, provided that certain conditions are met.

Be it enacted by the General Assembly of Virginia:

1. § 1. That a city with a population of 350,000 or more that adopted an agricultural purchase of development rights program prior to July 1, 1998, may, at the request of the owner of the fee of any land protected by an open-space easement or other interest in land purchased by the city, sell such interest to the fee owner for the current full market value of the interest without complying with the requirement of subsection A of § 10.1-1704 of the Code of Virginia of substituting other real property for the land converted or diverted, if (i) the conversion or diversion is determined by the city council to be essential to the orderly development and growth of the locality and in accordance with the city’s current comprehensive plan, (ii) the city determines by ordinance that the open-space land converted or diverted is no longer needed for open-space purposes and that substitution of other real property is not feasible, and (iii) no state or federal funds were used in connection with the city’s acquisition of such interest.