10.1-213 - Dedication of natural area preserves.
§ 10.1-213. Dedication of natural area preserves.
A. The Director may, in the name of the Department, accept the dedication ofnatural areas on lands deemed by the Director to qualify as natural areapreserves under the provisions of this article. Natural area preserves maybe dedicated by voluntary act of the owner. The owner of a qualified naturalarea may transfer fee simple title or other interest in land to theCommonwealth. Natural area preserves may be acquired by gift, grant, orpurchase.
B. Dedication of a natural preserve shall become effective only uponacceptance of the instrument of dedication by the Director.
C. The instrument of dedication may:
1. Contain restrictions and other provisions relating to management, use,development, transfer, and public access, and may contain any otherrestrictions and provisions as may be necessary or advisable to further thepurposes of this article;
2. Define, consistently with the purposes of this article, the respectiverights and duties of the owner and of the Commonwealth and provide proceduresto be followed in case of violations of the restrictions;
3. Recognize and create reversionary rights, transfers upon conditions orwith limitations, and gifts over; and
4. Vary in provisions from one natural area preserve to another in accordancewith differences in the characteristics and conditions of the several areas.
D. Public departments, commissions, boards, counties, municipalities,corporations, colleges, universities and all other agencies andinstrumentalities of the Commonwealth and its political subdivisions areempowered to dedicate suitable areas within their jurisdiction as naturalarea preserves.
E. Subject to the approval of the Governor, the Commonwealth may enter intoamendments to the instrument of dedication upon finding that the amendmentwill not permit an impairment, disturbance, use, or development of the areainconsistent with the provisions of this article. If the fee simple estatein the natural area preserve is not held by the Department under thisarticle, no amendment may be made without the written consent of the owner ofthe other interests therein.
(1989, c. 553.)