2006 Code of Virginia § 2.2-1149 - Department to review proposed acquisitions of real property; approval by the Governor; exception...

2.2-1149. Department to review proposed acquisitions of real property;approval by the Governor; exceptions.

Notwithstanding any provision of law to the contrary, no state department,agency or institution shall acquire real property by gift, lease, purchase orany other means without following the guidelines adopted by the Departmentand obtaining the prior approval of the Governor. The Department shall reviewevery proposed acquisition of real property by gift, lease, purchase or anyother means by any department, agency or institution of the Commonwealth andrecommend either approval or disapproval of the transactions to the Governorbased on cost, demonstrated need, and compliance with the Department'sguidelines.

The provisions of this section shall not apply to the:

1. Acquisition of real property for open space preservations pursuant to thepurposes of 10.1-1800 and subdivision A 4 of 10.1-2204, if it does notrequire as a condition of acceptance, an appropriation of any state funds forthe continued maintenance of such property;

2. Acquisition of easements pursuant to the purposes of 10.1-1020 and10.1-1021 or 10.1-1700, 10.1-1702, and 10.1-1702;

3. Acquisition through the temporary lease or donation of real property for aperiod of six months or less duration;

4. Acquisition of easements by public institutions of higher educationprovided that the particular institution meets the conditions prescribed insubsection B of 23-38.88;

5. Entering into an operating/income lease or a capital lease by a publicinstitution of higher education, for real property to be used for academicpurposes, or for real property owned by the institution or a foundationrelated to the institution to be used for non-academic purposes, inaccordance with the institution's land use plan pursuant to 2.2-1153provided that (i) the capital lease does not constitute tax-supported debt ofthe Commonwealth, (ii) the institution meets the conditions prescribed insubsection B of 23-38.88, and (iii) for purposes of entering into a capitallease, the institution shall have in effect a signed memorandum ofunderstanding with the Secretary of Administration regarding participation inthe nongeneral fund decentralization program as set forth in theappropriation act. For the purposes of this subdivision, an operating/incomelease or a capital lease shall be determined using generally acceptedaccounting principles; or

6. Acquisition of real property for the construction, improvement ormaintenance of highways and transportation facilities and purposes incidentalthereto by the Department of Transportation; however, acquisitions of realproperty by the Department of Transportation for office space, districtoffices, residencies, area headquarters, or correctional facilities shall besubject to the Department's review and the Governor's approval.

(1984, c. 641, 2.1-504.2; 1994, c. 474; 2000, c. 748; 2001, c. 844; 2005,cc. 933, 945.)

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