2006 Code of Virginia § 2.2-1153 - State agencies and institutions to notify Division of property not used or required; criteri...

2.2-1153. State agencies and institutions to notify Division of propertynot used or required; criteria.

A. Whenever any department, agency or institution of state governmentpossesses or has under its control state-owned property that is not beingused or is not required for the programs of the department, agency orinstitution, it shall so notify the Division. Each department, agency andinstitution shall submit to the Division a land use plan for property itpossesses or has under its control showing present and planned uses of suchproperty. Such plan shall be approved by the cognizant board or governingbody of the department, agency or institution holding title to or otherwisecontrolling the state-owned property or the agency head in the absence of aboard or governing body, with a recommendation on whether any property shouldbe declared surplus by the department, agency or institution. Development ofsuch land use plans shall be based on guidelines promulgated by the Division.The guidelines shall provide that each land use plan shall be updated andcopies provided to the Division by September 1 of each year. The Division mayexempt properties that are held and used for conservation purposes from therequirements of this section. The Division shall review the land use plansand determine whether the property or any portion thereof should be declaredsurplus to the needs of the Commonwealth. By October 1 of each year, theDivision shall provide a report to the Chairmen of the House Appropriationsand Senate Finance Committees setting forth the Division's findings, the saleor marketing of properties identified pursuant to this section, andrecommending any actions that may be required by the Governor and the GeneralAssembly to identify and dispose of property not being efficiently andeffectively utilized.

Until permanent disposition of the property determined to be surplus iseffected, the property shall continue to be maintained by the department,agency or institution possessing or controlling it, unless upon therecommendation of the Department, the Governor authorizes the transfer of theproperty to the possession or control of the Department. In this event, thedepartment, agency or institution formerly possessing or controlling theproperty shall have no further interest in it.

B. The Division shall establish criteria for ascertaining whether propertyunder the control of a department, agency or institution should be classifiedas "surplus" to its current or proposed needs. Such criteria shall providethat the cognizant board or governing body, if any, of the department, agencyor institution holding the title to or otherwise controlling the state-ownedproperty, or the agency head in the absence of a board or governing body,shall approve the designation of the property as surplus.

C. Notwithstanding the provisions of subsection A:

1. The property known as College Woods, which includes Lake Matoaka and ispossessed and controlled by a college founded in 1693, regardless of whethersuch property has been declared surplus pursuant to this section, shall notbe transferred or disposed of without the approval of the board of visitorsof such college by a two-thirds vote of all board members at a regularlyscheduled board meeting. The General Assembly shall also approve the disposalor transfer.

2. Surplus real property valued at less than $5 million that is possessed andcontrolled by a public institution of higher education may be sold by suchinstitution, provided that (i) at least 45 days prior to executing a contractfor the sale of such property, the institution gives written notification tothe Governor and the Chairmen of the House Appropriations and Senate FinanceCommittees; and (ii) the Governor may postpone the sale at any time up to 10days prior to the proposed date of sale. Such sale may be effected by publicauction, sealed bids, or by marketing through one or more Virginia licensedreal estate brokers after satisfying the public notice provisions ofsubsection A of 2.2-1156. The terms of all negotiations resulting in suchsale shall be public information. The public institution of higher educationmay retain the proceeds from the sale of such property if the property wasacquired by nongeneral funds. If the institution originally acquired theproperty through a mix of general and nongeneral funds, 50 percent of theproceeds shall be distributed to the institution and 50 percent shall bedistributed to the State Park Conservation Resources Fund established undersubsection A of 10.1-202. The authority of a public institution of highereducation to sell surplus real property described under this subdivision orto retain any proceeds from the sale of such property shall be subject to theinstitution meeting the conditions prescribed in subsection B of 23-38.88and 23-38.112 (regardless of whether or not the institution has beengranted any authority under Subchapter 3 ( 23-38.91 et seq.) of Chapter 4.10of Title 23).

(1968, c. 717, 2.1-106.2; 1972, c. 763; 1977, c. 672, 2.1-505; 1978, c.545; 1984, c. 641; 1995, c. 774; 2001, c. 844; 2004, c. 997; 2005, cc. 933,945.)

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