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2000 SESSION

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HB 738 Open-space lands in Virginia Beach.

Introduced by: Terrie L. Suit | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Open-space lands. Provides that the City of Virginia Beach (described by population) 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 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. Current law requires that, where a locality converts or diverts open-space land in which it has acquired an interest to another use, it must substitute other real property.

SUMMARY AS PASSED HOUSE:

Open-space lands. Provides that the City of Virginia Beach (described by population) 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 substituting other real property for the land converted or diverted, if (i) the city determines by ordinance that the open-space land converted or diverted is no longer needed for open-space purposes, and (ii) no state or federal funds were used in connection with the city's acquisition of such interest. The existing statute requires that, where a locality converts or diverts open-space land to other use, it must substitute other real property (i) of at least equal fair market value, (ii) of greater value as permanent open-space land than the lands converted or diverted, and (iii) of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as is the land converted or diverted.

SUMMARY AS INTRODUCED:

Open-space lands. Provides that a locality that converts or diverts land designated as open-space land to other use shall not be required to substitute other real property if (i) the public body determines by ordinance that the open-space land converted or diverted is no longer needed for open-space purposes, and (ii) no moneys from the Open-Space Lands Preservation Trust Fund were used in the acquisition by the public body of any right, title or interest in the land converted or diverted. The existing statute requires that, where a locality converts or diverts open-space land to other use, it must substitute other real property (i) of at least equal fair market value, (ii) of greater value as permanent open-space land than the lands converted or diverted, and (iii) of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as is the land converted or diverted.