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- Subject Index: Since 1995
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1995 SESSION
LD5716132Be it enacted by the General Assembly of Virginia:
1. That §§ 2.1-1.6, 2.1-504, 9-6.25:1, 10.1-1108, 28.2-1200, 28.2-1201, 28.2-1301, 28.2-1401, 41.1-3, 41.1-5, and 41.1-16 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding in Title 28.2 a chapter numbered 15, consisting of sections numbered 28.2-1500 through 28.2-1505, as follows:
§ 2.1-1.6. State boards.
A. There shall be, in addition to such others as may be established by law, the following permanent collegial bodies affiliated with a state agency within the executive branch:
Accountancy, Board for
Aging, Advisory Board on the
Agriculture and Consumer Services, Board of
Air Pollution, State Advisory Board on
Alcoholic Beverage Control Board, Virginia
Apple Board, Virginia State
Appomattox State Scenic River Advisory Board
Aquaculture Advisory Board
Architects, Professional Engineers, Land Surveyors and Landscape Architects, State Board for
Art and Architectural Review Board
Athletic Board, Virginia
Auctioneers Board
Audiology and Speech-Language Pathology, Board of
Aviation Board, Virginia
Barbers, Board for
Branch Pilots, Board for
Bright Flue-Cured Tobacco Board, Virginia
Building Code Technical Review Board, State
Catoctin Creek State Scenic River Advisory Board
Cattle Industry Board, Virginia
Cave Board
Certified Seed Board, State
Chesapeake Bay Local Assistance Board
Chickahominy State Scenic River Advisory Board
Child Abuse and Neglect, Advisory Board on
Chippokes Plantation Farm Foundation, Board of Trustees
Clinch Scenic River Advisory Board
Coal Research and Development Advisory Board, Virginia
Coal Surface Mining Reclamation Fund Advisory Board
Coastal Land Management Advisory Council, Virginia
Conservation and Development of Public Beaches, Board on
Conservation and Recreation, Board of
Contractors, Board for
Corn Board, Virginia
Correctional Education, Board of
Corrections, State Board of
Cosmetology, Board for
Criminal Justice Services Board
Dark-Fired Tobacco Board, Virginia
Deaf and Hard-of-Hearing, Advisory Board for the Department for the
Dentistry, Board of
Education, State Board of
Egg Board, Virginia
Emergency Medical Services Advisory Board
Employment Agency Advisory Board
Farmers Market Board, Virginia
Film Office Advisory Board
Fire Services Board, Virginia
Forensic Science Advisory Board
Forestry, Board of
Funeral Directors and Embalmers, Board of
Game and Inland Fisheries, Board of
Geology, Board for
Goose Creek Scenic River Advisory Board
Health Planning Board, Virginia
Health Professions, Board of
Health, State Board of
Hearing Aid Specialists, Board for
Hemophilia Advisory Board
Historic Resources, Board of
Housing and Community Development, Board of
Industrial Development Services Advisory Board
Insurance Advisory Board, State
Irish Potato Board, Virginia
Laboratory Services Advisory Board
Marine Products Board, Virginia
Medical Advisory Board, Department of Motor Vehicles
Medical Board of the Virginia Retirement System
Medicare and Medicaid, Advisory Board on
Medicine, Board of
Mental Health, Mental Retardation and Substance Abuse Services Board, State
Migrant and Seasonal Farmworkers Board
Military Affairs, Board of
Mines, Minerals and Energy, Board of Examiners in the Department of
Minority Business Enterprise, Interdepartmental Board of the Department of
Motor Vehicle Dealers' Advisory Board
Networking Users Advisory Board, State
Nottoway State Scenic River Advisory Board
Nursing, Board of
Nursing Home Administrators, Board of
Occupational Therapy, Advisory Board on
Oil and Gas Conservation Board, Virginia
Opticians, Board for
Optometry, Board of
Peanut Board, Virginia
Personnel Advisory Board
Pesticide Control Board
Pharmacy, Board of
(Delayed effective date - See Editor's note) Physical Fitness and Sports, Virginia Board on
Physical Therapy to the Board of Medicine, Advisory Board on
Plant Pollination Advisory Board
Polygraph Examiners Advisory Board
Pork Industry Board, Virginia
Poultry Products Board, Virginia
Private College Advisory Board
Private Security Services Advisory Board
Professional and Occupational Regulation, Board for
Professional Counselors, Board of
Professional Soil Scientists, Board for
Psychiatric Advisory Board
Psychology, Board of
Public Buildings Board, Virginia
Public Telecommunications Board, Virginia
Radiation Advisory Board
Real Estate Appraiser Board
Real Estate Board
Reciprocity Board, Department of Motor Vehicles
Recreational Fishing Advisory Board, Virginia
Recreation Specialists, Board of
Reforestation Board
Rehabilitative Services, Board of
Respiratory Therapy, Advisory Board on
Retirement System Review Board
Rockfish State Scenic River Advisory Board
Safety and Health Codes Board
Seed Potato Board
Sewage Handling and Disposal Appeal Review Board, State Health Department
Shenandoah State Scenic River Advisory Board
Small Business Advisory Board
Small Business Environmental Compliance Advisory Board
Small Grains Board, Virginia
Social Services, Board of
Social Work, Board of
Soil and Water Conservation Board, Virginia
Soybean Board, Virginia
State Air Pollution Control Board
Substance Abuse Certification Board
Surface Mining Review, Board of
Sweet Potato Board, Virginia
Teacher Education and Licensure, Advisory Board on
Tourism and Travel Services Advisory Board
Toxic Substances Advisory Board
Transportation Board, Commonwealth
Transportation Safety, Board of
Treasury Board, The, Department of the Treasury
Veterans' Affairs, Board on
Veterinary Medicine, Board of
Virginia Board for Asbestos Licensing
Virginia Employment Commission, State Advisory Board for the
(Delayed effective date - See Editor's note) Virginia Horse Industry Board
Virginia Manufactured Housing Board
Virginia Mine Safety Board
Virginia Retirement System, Board of Trustees
Virginia Waste Management Board
Visually Handicapped, Virginia Board for the
Voluntary Formulary Board, Virginia
War Memorial Foundation, Virginia, Board of Trustees
Waste Management Facility Operators, Board for
Water Resources Research Center Statewide Advisory Board, Virginia
Waterworks and Wastewater Works Operators, Board for
Well Review Board, Virginia
Youth and Family Services, State Board of.
B. Notwithstanding the definition for "board" as provided in § 2.1-1.2, the following entities shall be referred to as boards:
Compensation Board
State Board of Elections
State Water Control Board
Virginia Parole Board
Virginia Veterans Care Center Board of Trustees.
§ 2.1-504. Definitions.
As used in §§ 2.1-504.1 through 2.1-512, unless a different meaning clearly appears from the context:
"Institutions" shall include, but not be limited to, any corporation owned by the Commonwealth and subject to the control of the General Assembly.
"Property" shall mean an interest in land and any improvements thereon held by the Commonwealth and under the control of or occupied by any of its departments, agencies or institutions, but shall not include (i) real estate or rights-of-way acquired by the Department of Transportation for the construction of highways and (ii) ungranted shores of the sea, marsh, and meadowlands as defined in § 28.2-1500.
"Recommend," "recommended," or "recommendation," when used with reference to a recommendation by the Department of General Services to the Governor, shall mean to advise either for or against a proposed action.
§ 9-6.25:1. Advisory boards, commissions and councils.
There shall be, in addition to such others as may be designated in accordance with § 9-6.25, the following advisory boards, commissions and councils within the executive branch:
Advisory Board for the Department for the Deaf and Hard-of-Hearing
Advisory Board for the Department for the Aging
Advisory Board on Child Abuse and Neglect
Advisory Board on Medicare and Medicaid
Advisory Board on Occupational Therapy
Advisory Board on Physical Therapy to the Board of Medicine
Advisory Board on Respiratory Therapy to the Board of Medicine
Advisory Board on Teacher Education and Licensure
Advisory Council on Revenue Estimates
Advisory Council on the Virginia Business-Education Partnership Program
Appomattox State Scenic River Advisory Board
Aquaculture Advisory Board
Art and Architectural Review Board
(Effective until July 1, 1994) Board for the Visually Handicapped
Board of Directors, Virginia Truck and Ornamentals Research Station
Board of Forestry
Board of Military Affairs
(Effective until July 1, 1994) Board of Rehabilitative Services
Board of Transportation Safety
Board of Trustees of the Family and Children's Trust Fund
Board of Visitors, Gunston Hall Plantation
Board on Veterans' Affairs
Catoctin Creek State Scenic River Advisory Board
Cave Board
Chickahominy State Scenic River Advisory Board
Clinch Scenic River Advisory Board
Coal Surface Mining Reclamation Fund Advisory Board
Coastal Land Management Advisory Council, Virginia
Council on Indians
Council on the Status of Women
Emergency Medical Services Advisory Board
Falls of the James Committee
Film Office Advisory Board
Forensic Science Advisory Board
Goose Creek Scenic River Advisory Board
Governor's Council on Alcohol and Drug Abuse Problems
Governor's Mined Land Reclamation Advisory Committee
Hemophilia Advisory Board
Human Services Information and Referral Advisory Council
Industrial Development Services Advisory Board
Interagency Coordinating Council on Housing for the Disabled
Interdepartmental Board of the State Department of Minority Business Enterprise
Laboratory Services Advisory Board
Local Advisory Board to the Blue Ridge Community College
Local Advisory Board to the Central Virginia Community College
Local Advisory Board to the Dabney S. Lancaster Community College
Local Advisory Board to the Danville Community College
Local Advisory Board to the Eastern Shore Community College
Local Advisory Board to the Germanna Community College
Local Advisory Board to the J. Sargeant Reynolds Community College
Local Advisory Board to the John Tyler Community College
Local Advisory Board to the Lord Fairfax Community College
Local Advisory Board to the Mountain Empire Community College
Local Advisory Board to the New River Community College
Local Advisory Board to the Northern Virginia Community College
Local Advisory Board to the Patrick Henry Community College
Local Advisory Board to the Paul D. Camp Community College
Local Advisory Board to the Piedmont Virginia Community College
Local Advisory Board to the Rappahannock Community College
Local Advisory Board to the Southwest Virginia Community College
Local Advisory Board to the Thomas Nelson Community College
Local Advisory Board to the Tidewater Community College
Local Advisory Board to the Virginia Highlands Community College
Local Advisory Board to the Virginia Western Community College
Local Advisory Board to the Wytheville Community College
Long-Term Care Council
Maternal and Child Health Council
Medical Advisory Board, Department of Motor Vehicles
Medical Board of the Virginia Retirement System
Migrant and Seasonal Farmworkers Board
Motor Vehicle Dealer's Advisory Board
Nottoway State Scenic River Advisory Board
Personnel Advisory Board
Plant Pollination Advisory Board
Private College Advisory Board
(Effective July 1, 1994) Private Enterprise Commission
Private Security Services Advisory Board
Psychiatric Advisory Board
Radiation Advisory Board
Rappahannock Scenic River Advisory Board
Recreational Fishing Advisory Board, Virginia
Reforestation Board
Retirement System Review Board
Rockfish State Scenic River Advisory Board
Shenandoah State Scenic River Advisory Board
Small Business Advisory Board
Small Business Environmental Compliance Advisory Board
St. Mary's Scenic River Advisory Committee
State Advisory Board on Air Pollution
State Advisory Board for the Virginia Employment Commission
State Building Code Technical Review Board
State Council on Local Debt
State Health Benefits Advisory Council
State Insurance Advisory Board
State Land Evaluation Advisory Council
State Networking Users Advisory Board
State Public Records Advisory Council
Staunton Scenic River Advisory Committee
Telecommunications Relay Service Advisory Board
Tourism and Travel Services Advisory Board
Toxic Substances Advisory Board
Virginia Advisory Commission on Intergovernmental Relations
Virginia Advisory Council for Adult Education and Literacy
(For effective date - See Editor's note) Virginia Board on Physical Fitness and Sports
Virginia Coal Research and Development Advisory Board
Virginia Commission for the Arts
Virginia Commission on the Bicentennial of the United States Constitution
Virginia Council on Coordinating Prevention
Virginia Equal Employment Opportunity Council
Virginia Interagency Coordinating Council
Virginia Military Advisory Council
Virginia Mine Safety Board
Virginia Public Buildings Board
Virginia Recycling Markets Development Council
Virginia Transplant Council
Virginia Water Resources Research Center, Statewide Advisory Board
Virginia Winegrowers Advisory Board.
§ 10.1-1108. Waste and unappropriated lands.
Any waste and unappropriated land, other than unappropriated
ungranted marsh or meadowlands lying on the eastern shore of
Virginia exempted from entry and grant by the provisions of
§ 41.1-4 41.1-3, may be set apart permanently for use
as state forest land, by a grant and proclamation signed by the Governor upon
the receipt from the State Forester of an application requesting that a
certain piece, tract or parcel of waste and unappropriated land be so set
apart. The State Forester shall submit with the application a copy of a
report describing fully the location of the land, its character and
suitability for forestry purposes together with a complete metes and bounds
description of the boundary of the tract. The Department of General Services
shall review the application and recommend either approval or disapproval of
the transaction to the Governor. If the Governor determines that the land is
more valuable for forestry purposes than for agricultural or any other
purposes, he may authorize the preparation of a grant which shall be reviewed
for legal sufficiency by the Attorney General for the Governor's signature
and the lesser seal of the Commonwealth.
All lands so granted shall be subject to statutes and regulations relating to the regulation, management, protection and administration of state forests.
§ 28.2-1200. Ungranted beds of bays, rivers, and creeks to remain in common.
All the beds of the bays, rivers, and creeks and the shores
of the sea within the jurisdiction of the Commonwealth, not conveyed by
special grant or compact according to law of the General
Assembly, shall remain the property of the Commonwealth and may be used
as a common by all the people of the Commonwealth for the purpose of fishing,
fowling, hunting, and taking and catching oysters and other
shellfish. No grant shall be issued by the State Librarian to pass any estate
or interest of the Commonwealth in any natural oyster bed, rock, or shoal,
whether or not it ebbs bare.
§ 28.2-1201. Ungranted islands which rise from common lands
which are the property of the Commonwealth.
A. All ungranted islands which rise by natural or artificial
causes from lands which are a common ungranted under §
28.2-1200 shall remain in public ownership and continue as a
common the property of the Commonwealth and shall be managed by
the Commission as provided in Article 2 (§ 28.2-1503 et seq.) of Chapter 15
of this title. This section shall not apply to accretions to privately
owned lands or islands, whether or not they are used as commons.
B. Any unappropriated ungranted island or land,
whether currently in existence or subsequently created, that hereafter abuts
a barrier island of the Eastern Shore is hereby dedicated as a natural
area preserve within the meaning of § 10.1-213 shall remain the
property of the Commonwealth and shall be managed by the Commission as
provided in Article 2 (§ 28.2-1503 et seq.) of Chapter 15 of this
title.
§ 28.2-1301. Powers and duties of the Commission.
A. The Commission may receive gifts, grants, bequests, and devises of wetlands and money which shall be held for the uses prescribed by the donor, grantor, or testator and in accordance with the provisions of this chapter. The Commission shall manage any wetlands it receives so as to maximize their ecological value as provided in Article 2 (§ 28.2-1503 et seq.) of Chapter 15.1 of this title.
B. The Commission shall preserve and prevent the despoliation and destruction of wetlands while accommodating necessary economic development in a manner consistent with wetlands preservation.
C. The Commission shall manage all unappropriated marsh or meadowlands
lying on the Eastern Shore of Virginia which remain ungranted pursuant to the
provisions of § 41.1-4.
D. C. In order to perform its duties under this
section and to assist counties, cities, and towns in regulating wetlands, the
Commission shall promulgate and periodically update guidelines which
scientifically evaluate vegetated and nonvegetated wetlands by type and
describe the consequences of use of these wetlands types. The Virginia
Institute of Marine Science shall provide advice and assistance to the
Commission in developing these guidelines by evaluating wetlands by type and
continuously maintaining and updating an inventory of vegetated wetlands.
E. D. In developing guidelines or regulations under
this chapter the Commission shall consult with all affected state agencies.
Consistent with other legal rights, consideration shall be given to the
unique character of the Commonwealth's tidal wetlands which are essential for
the production of marine and inland wildlife, waterfowl, finfish, shellfish
and flora; serve as a valuable protective barrier against floods, tidal
storms and the erosion of the Commonwealth's shores and soil; are important
for the absorption of silt and pollutants; and are important for recreational
and aesthetic enjoyment of the people and for the promotion of tourism,
navigation and commerce.
§ 28.2-1401. Powers and duties of Commission.
A. The Commission may receive gifts, grants, bequests, and devises of
coastal primary sand dunes, beaches, and money which shall be held
for the uses prescribed by the donor, grantor, or testator and in accordance
with the provisions of this chapter.
B. The Commission shall preserve and protect coastal primary sand dunes and
beaches and prevent their despoliation and destruction. Whenever practical,
the Commission shall accommodate necessary economic development in a manner
consistent with the protection of these features. The Commission shall
manage any coastal primary sand dunes and beaches it receives
so as to maximize their ecological value as provided in
Article 2 (§ 28.2-1503 et seq.) of Chapter 15 of this title.
C. In order to perform its duties under this section and to assist counties and cities in regulating coastal primary sand dunes and beaches, the Commission shall, with the advice and assistance of the Virginia Institute of Marine Science, promulgate guidelines which describe the consequences of use of these dunes and beaches.
D. In developing guidelines or regulations under this chapter, the Commission shall consult with all affected state agencies. Consistent with other legal rights, consideration shall be given to the importance of coastal primary sand dunes with their unique physiographic features which, in their natural state, serve as protective barriers from the effects of flooding and erosion caused by coastal storms, thereby protecting life and property; provide an essential source of natural sand replenishment for beaches and an important natural habitat for coastal fauna; and enhance the scenic and recreational attractiveness of Virginia's coastal area.
§ 28.2-1500. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Beach" has the same meaning ascribed thereto in subsection A of § 28.2-1400. "Beach" also includes any property referred to, defined, or labeled as such in any deed, grant, map, plat, or other historical document establishing or supporting a claim of state ownership.
"Marsh" or "meadowland" has the same meaning ascribed to vegetated wetlands in § 28.2-1300. "Marsh" or "meadowland" also includes any property referred to, defined, or labeled as such in any deed, grant, map, plat, or other historical document establishing or supporting a claim of state ownership.
"Shores of the sea" means a beach or any unvegetated lands lying contiguous to mean low water and between mean low water and mean high water. "Shores of the sea" also includes any property referred to, defined, or labeled as such in any deed, grant, map, plat, or other historical document establishing or supporting a claim of state ownership.
"Ungranted shores of the sea, marsh or meadowlands" means (i) shores of the sea which were not conveyed by special grant or compact according to law prior to April 1, 1873, and which have not been conveyed by special grant of the General Assembly on or after that date and (ii) marsh or meadowlands which were not appropriated and remained ungranted prior to February 24, 1888, and which have not been conveyed by special grant of the General Assembly on or after that date.
"Virginia Coastal Land Management Advisory Council" or "Council" means the Virginia Coastal Land Management Advisory Council created pursuant to § 28.2-1505.
§ 28.2-1501. Powers and duties of Commission.
A. The Commission may receive gifts, grants, bequests, and devises of shores of the sea, marsh, meadowlands, and money which shall be held for the uses prescribed by the donor, grantor, or testator and in accordance with the provisions of this chapter. The Commission shall manage any shores of the sea, marsh or meadowlands it receives as prescribed in Article 2 (§ 28.2-1503 et seq.) of this chapter.
B. The Commission may promulgate regulations and guidelines necessary to carry out the provisions of this chapter.
§ 28.2-1502. Ownership of ungranted shores of the sea, marsh and meadowlands.
All ungranted shores of the sea, marsh and meadowlands shall remain the property of the Commonwealth. Such ungranted marsh and meadowlands which have been used as a commons by the people of the Commonwealth shall continue as a commons for the purpose of fishing, fowling, hunting, and the taking and catching of oysters and other shellfish. All ungranted shores of the sea may be used as a commons for the purpose of fishing, fowling, hunting, and the taking and catching of oysters and other shellfish. The Commission shall manage all ungranted shores of the sea, marsh and meadowlands as provided in Article 2 (§ 28.2-1503 et seq.) of this chapter.
§ 28.2-1503. Management of lands.
The Commission shall manage all ungranted shores of the sea, marsh, and meadowlands, and all other lands of the Commonwealth for which management duties have been given to the Commission, as steward for the property interests of the Commonwealth. All agencies of the Commonwealth shall cooperate with the Commission and, upon request, shall assist the Commission in the performance of its duties and responsibilities under this article.
§ 28.2-1504. Preparation of management plan.
The Commission shall prepare and implement a plan for the management of the Commonwealth's shores of the sea, marsh, and meadowlands. The management plan, and any regulations and guidelines promulgated to implement the management plan, shall reflect a balancing of the following goals: (i) the long history of traditional uses of the properties should be respected; (ii) tourism and commerce should be promoted; and (iii) the unique ecological values of the property should be protected. The management plan shall provide that all ungranted shores of the sea, marsh, and meadowlands that have been used as a commons by the people of the Commonwealth may continue to be used as a commons by all the people of the Commonwealth for the purpose of fishing, fowling, hunting, and the taking and catching of oysters and other shellfish. The Commission shall review the management plan every five years.
B. In developing regulations, guidelines, or management plans under this chapter, the Commission shall consult with the Virginia Coastal Land Management Advisory Council.
§ 28.2-1505. Virginia Coastal Land Management Advisory Council established.
A. There is hereby created the Virginia Coastal Land Management Advisory Council. The Council shall advise the Commission on issues relating to the management of ungranted shores of the sea, marsh, and meadowlands, and shall advise the Commission on the development of the management plan prepared pursuant to § 28.2-1504.
B. The Council shall consist of six members appointed by the Commissioner, who shall be residents of a county in which there are ungranted shores of the sea, marsh or meadowlands, and who shall represent tourism and commerce, traditional uses of shores of the sea, marsh and meadowlands, and conservation interests. In appointing these members, the Commissioner shall consider recommendations submitted by the boards of supervisors of counties in which the Commission is managing the largest portions of the ungranted shores of the sea, marsh, or meadowlands. The Council shall also include (i) the Director of the Department of Conservation and Recreation or his designee, (ii) the Director of the Department of Game and Inland Fisheries or his designee, and (iii) the Commissioner or his designee.
C. The term of office of each member shall be for three years. Appointments to fill vacancies shall be made to fill the unexpired term.
D. Members shall receive no compensation for their services but shall receive reimbursement for actual expenses.
E. The Council shall meet at the call of the Commissioner or at least once per year.
§ 41.1-3. Grants of certain lands, etc., to be void; such lands, etc., under control of Governor.
No grant shall be valid or effectual in law to pass any estate or interest in
(i) any lands unappropriated or belonging to the Commonwealth, which embrace
the old magazine at Westham, or any stone quarry now worked by the
Commonwealth, or any lands which are within a mile of such magazine, or any
such quarry; (ii) any lands which are a common ungranted beds
of bays, rivers and creeks under § 62.1-1
28.2-1200; (iii) any natural oyster bed, rock, or shoal, whether
such bed, rock, or shoal shall ebb bare or not; (iv) any islands created in
the navigable waters of the Commonwealth through the instrumentality of
dredging or filling operations; or (v) any islands which rise from
any beds lands which are a common
property of the Commonwealth under § 62.1-1
28.2-1201; or (vi) any ungranted shores of the sea, marsh or meadowlands
as defined in § 28.2-1500. Every such grant for any such lands,
islands, bed, rock, or shoal shall be absolutely void; however, this section
shall not be construed to affect the title to grants issued prior to March
15, 1932. Such magazine and every such stone quarry and the lands of the
Commonwealth adjacent to or in their neighborhood, shall be under the control
of the Governor, who may make such regulations concerning the same as he may
deem best for the interests of the Commonwealth.
§ 41.1-5. Circuit courts authorized to dispose of waste and unappropriated lands.
The circuit courts of the counties and cities in which waste and
unappropriated lands are alleged to lie are vested with authority to sell and
dispose thereof in proceedings brought under §§ 41.1-16 through 41.1-20;
however, no sale or disposition shall be made of lands mentioned in §
62.1-1 28.2-1200 or of lands as to which a grant could
not have been issued by the State Librarian under §§ 41.1-3, 41.1-4, or
§ 41.1-4.1.
§ 41.1-16. Sale of wastelands; proceeding by citizen resident; motion and deposit for costs; parties; copy of plat.
Any citizen, resident of this Commonwealth, who has reason to believe that
there are waste and unappropriated lands in this Commonwealth (not being
a common under § 62.1-1 or excluded under §§
41.1-3 and 41.1-4 from grant), shall have the right to file
a proceeding in the name of the county or city seeking the sale and
disposition of such land. The venue for such a proceeding shall be as
specified in subdivision 3 of § 8.01-261. The proceeding shall be instituted
by motion signed by the party who institutes the proceeding, or on his
behalf, and shall be accompanied with a deposit to cover the costs of the
proceeding but in no event to exceed $100. Each landowner adjoining the tract
in question shall be made a party to the proceedings.
He shall file with the motion a copy of a plat prepared by a licensed land surveyor giving the metes and bounds of the land alleged to be waste and unappropriated. A copy of the motion and plat shall be served upon each of the landowners adjoining the tract in question.
2. That § 41.1-4 of the Code of Virginia is repealed.