1-405 - Reversion to Commonwealth; recorded title prerequisite to vesting jurisdiction.
§ 1-405. Reversion to Commonwealth; recorded title prerequisite to vestingjurisdiction.
A. As used in this section, unless the context requires otherwise:
"Corrective action" means the response and remediation to environmentalcontamination to the extent required by any applicable environmental law orregulation applicable to the property.
"Environmental contamination" means any hazardous waste, substance or toxicmaterial, or its discharge or release, that is regulated under anyenvironmental law or regulation applicable to the property, and shall includepetroleum (including crude oil), natural gas, liquefied natural gas,ordnance, unexploded munitions, and asbestos.
B. If the United States shall cease to be the owner of any lands, or any partthereof, granted or conveyed to it by the Commonwealth; if the purposes ofany such grant or conveyance to the United States shall cease; or if theUnited States shall for five consecutive years fail to use any such land forthe purposes of the grant or conveyance, then, and in that event, the rightand title to such land, or such part thereof, shall immediately revert to theCommonwealth unless such land, or part thereof, contains environmentalcontamination. No land containing environmental contamination shall betransferred or revert to the Commonwealth, unless and until all correctiveaction necessary to protect human health and the environment with respect toany environmental contamination on the lands, or portion thereof, has beencompleted to the satisfaction of the Commonwealth and approved by theGovernor pursuant to § 2.2-1149, and the United States has executed anddelivered a transfer instrument including covenants warranting that (i) allcorrective action necessary to protect human health and the environment withrespect to any environmental contamination on the land or any portion thereofhas been taken, and (ii) any corrective action for environmentalcontamination occurring before the date of transfer found to be necessaryafter the date of the transfer of the title of the land or any portionthereof shall be conducted by the United States.
In cases where the Defense Base Closure and Realignment Commission (BRACCommission) established pursuant to P.L. 101-510 (1990), as amended,identifies United States military bases located in the Commonwealth forclosure, the Commonwealth shall have, in addition to the foregoing, the rightto enter upon such lands so identified for the purpose of inspection forenvironmental contamination. Upon completion of such inspection, theCommonwealth shall report its findings to the Governor and the appropriatefederal agencies.
C. All deeds, conveyances or title papers for the transfer of title of landsto the United States shall be recorded in the county or city wherein the landor the greater part thereof lies, but no tax shall be required on any suchinstrument made to the United States by which they acquire lands for publicpurposes.
D. The jurisdiction ceded by § 1-400 shall not vest until the United Statesshall have acquired the title of record to such lands, or rights or interesttherein, by purchase, condemnation, lease or otherwise. So long as the lands,or any rights or interest therein, are held in fee simple by the UnitedStates, and no longer, such lands, rights or interest, as the case may be,shall continue exempt and exonerated, from all state and local taxes whichmay be levied or imposed under the authority of the Commonwealth.
(Code 1950, § 7-25; 1966, c. 102, § 7.1-22; 1975, c. 449; 1976, c. 211; 1994,c. 23; 2005, c. 839.)