15.2-1800 - Purchase, sale, use, etc., of real property.
§ 15.2-1800. Purchase, sale, use, etc., of real property.
A. A locality may acquire by purchase, gift, devise, bequest, exchange, leaseas lessee, or otherwise, title to, or any interests in, any real property,whether improved or unimproved, within its jurisdiction, for any public use.Acquisition of any interest in real property by condemnation is governed byChapter 19 (§ 15.2-1901 et seq.). The acquisition of a leasehold or otherinterest in a telecommunications tower, owned by a nongovernmental source,for the operation of a locality's wireless radio communications systems shallbe governed by this chapter.
B. Subject to any applicable requirements of Article VII, Section 9 of theConstitution, any locality may sell, at public or private sale, exchange,lease as lessor, mortgage, pledge, subordinate interest in or otherwisedispose of its real property, which includes the superjacent airspace (exceptairspace provided for in § 15.2-2030) which may be subdivided and conveyedseparate from the subjacent land surface, provided that no such realproperty, whether improved or unimproved, shall be disposed of until thegoverning body has held a public hearing concerning such disposal. However,the holding of a public hearing shall not apply to (i) the leasing of realproperty to another public body, political subdivision or authority of theCommonwealth or (ii) conveyance of site development easements across publicproperty, including, but not limited to, easements for ingress, egress,utilities, cable, telecommunications, storm water management, and othersimilar conveyances, that are consistent with the local capital improvementprogram, involving improvement of property owned by the locality. Theprovisions of this section shall not apply to the vacation of publicinterests in real property under the provisions of Articles 6 (§ 15.2-2240 etseq.) and 7 (§ 15.2-2280 et seq.) of Chapter 22 of this title.
C. A city or town may also acquire real property for a public use outside itsboundaries; a county may acquire real property for a public use outside itsboundaries when expressly authorized by law.
D. A locality may construct, insure, and equip buildings, structures andother improvements on real property owned or leased by it.
E. A locality may operate, maintain, and regulate the use of its realproperty or may contract with other persons to do so.
Notwithstanding any contrary provision of law, general or special, nolocality providing access and opportunity to use its real property, whetherimproved or unimproved, may deny equal access or a fair opportunity to usesuch real property to, or otherwise discriminate against, the Boy Scouts ofAmerica or the Girl Scouts of the USA. Nothing in this paragraph shall beconstrued to require any locality to sponsor the Boy Scouts of America or theGirl Scouts of the USA, or to exempt any such groups from local policiesgoverning access to and use of a locality's real property. The provisions ofthis paragraph applicable to a locality shall also apply equally to any localgovernmental entity, including a department, agency, or authority.
F. This section shall not be construed to deprive the resident judge orjudges of the right to control the use of the courthouse.
G. "Public use" as used in this section shall have the same meaning as in §1-219.1.
(Code 1950, § 15-692; 1962, c. 623, § 15.1-262; 1968, c. 418; 1974, c. 282;1977, c. 269; 1979, c. 431; 1980, cc. 212, 559; 1984, c. 241; 1986, cc. 477,573; 1990, c. 813; 1997, c. 587; 1998, c. 696; 2005, c. 822; 2006, c. 57;2007, cc. 882, 901, 926.)