2.2-1150 - Conveyance and transfers of real property by state agencies; approval of Governor and Attorney General; notice to members of General Assembly.
§ 2.2-1150. Conveyance and transfers of real property by state agencies;approval of Governor and Attorney General; notice to members of GeneralAssembly.
A. When it is deemed to be in the public interest.
1. Property owned by the Commonwealth may be sold, leased, or other intereststherein conveyed to political subdivisions, public authorities, or thefederal government, for such consideration as is deemed proper; and
2. Property owned by the Commonwealth and held in the possession of adepartment, agency or institution of the Commonwealth may be transferred tothe possession of another department, agency or institution of theCommonwealth by the execution of an agreement between the heads of suchdepartments, agencies or institutions.
B. No transaction authorized by this section shall be made without the priorwritten recommendation of the Department to the Governor, the writtenapproval of the Governor of the transaction itself, and the approval of theAttorney General as to the form of the instruments prior to execution.
Prior to entering into any negotiations for the conveyance or transfer of anyportion of Camp Pendleton or any military property that has been or may beconveyed to the Commonwealth pursuant to a recommendation by the Defense BaseClosure Realignment Commission, the Department shall give written notice toall members of the General Assembly within the planning district in whichsuch property is located. If, within 30 days of receipt of the Department'snotice, 25 percent of such members of the General Assembly give notice to theDepartment that they object to such conveyance or that they requireadditional information, the Department shall conduct a meeting, with writtennotice thereof to all members of the General Assembly within that planningdistrict, at which the Department and such members shall discuss the proposedtransaction. Members of the General Assembly objecting to the proposedtransaction after the meeting shall convey their objections in detail to theGovernor, who shall consider the objections. Certification of compliance withthe foregoing requirements by the Governor in a deed or other instrumentconveying or transferring any portion of Camp Pendleton or any such militaryproperty, absent knowledge by the purchaser or transferee to the contrary,shall serve as prima facie evidence of compliance with this subsection.
C. Notwithstanding the provisions of subsection B, a public institution ofhigher education may convey an easement pertaining to any property suchinstitution owns or controls provided that the institution meets theconditions prescribed in subsection B of § 23-38.88 and § 23-38.112(regardless of whether or not the institution has been granted any authorityunder Subchapter 3 (§ 23-38.91 et seq.) of Chapter 4.10 of Title 23).
(1984, c. 641, §§ 2.1-504.3, 2.1-504.4; 1986, c. 536; 1989, c. 710; 1996, c.442; 2001, c. 844; 2005, cc. 933, 945; 2007, c. 624.)