{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1011.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1011.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1011.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1011.html"}],"law_id":83678,"edition_id":1,"section_id":83678,"structure_id":14905,"section_number":"10.1-1011","catch_line":"Taxation","history":"1988, cc. 720, 891; 1993, c. 390; 1998, c. 487.","full_text":"A\n\nWhere an easement held pursuant to this chapter or the Open-Space Land Act (§ 10.1-1700 et seq.) by its terms is perpetual, neither the interest of the holder of a conservation easement nor a third-party right of enforcement of such an easement shall be subject to state or local taxation nor shall the owner of the fee be taxed for the interest of the holder of the easement.B\n\nAssessments of the fee interest in land that is subject to a perpetual conservation easement held pursuant to this chapter or the Open-Space Land Act (§ 10.1-1700 et seq.) shall reflect the reduction in the fair market value of the land that results from the inability of the owner of the fee to use such property for uses terminated by the easement. To ensure that the owner of the fee is not taxed on the value of the interest of the holder of the easement, the fair market value of such land (i) shall be based only on uses of the land that are permitted under the terms of the easement and (ii) shall not include any value attributable to the uses or potential uses of the land that have been terminated by the easement.C\n\nNotwithstanding the provisions of subsection B, land which is (i) subject to a perpetual conservation easement held pursuant to this chapter or the Open-Space Land Act (§ 10.1-1700 et seq.), (ii) devoted to open-space use as defined in § 58.1-3230, and (iii) in any county, city or town which has provided for land use assessment and taxation of any class of land within its jurisdiction pursuant to § 58.1-3231 or § 58.1-3232, shall be assessed and taxed at the use value for open space, if the land otherwise qualifies for such assessment at the time the easement is dedicated. If an easement is in existence at the time the locality enacts land use assessment, the easement shall qualify for such assessment. Once the land with the easement qualifies for land use assessment, it shall continue to qualify so long as the locality has land use assessment.","order_by":null,"text":{"0":{"id":299931,"text":"Where an easement held pursuant to this chapter or the Open-Space Land Act (§ 10.1-1700 et seq.) by its terms is perpetual, neither the interest of the holder of a conservation easement nor a third-party right of enforcement of such an easement shall be subject to state or local taxation nor shall the owner of the fee be taxed for the interest of the holder of the easement.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":299932,"text":"Assessments of the fee interest in land that is subject to a perpetual conservation easement held pursuant to this chapter or the Open-Space Land Act (§ 10.1-1700 et seq.) shall reflect the reduction in the fair market value of the land that results from the inability of the owner of the fee to use such property for uses terminated by the easement. To ensure that the owner of the fee is not taxed on the value of the interest of the holder of the easement, the fair market value of such land (i) shall be based only on uses of the land that are permitted under the terms of the easement and (ii) shall not include any value attributable to the uses or potential uses of the land that have been terminated by the easement.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":299933,"text":"Notwithstanding the provisions of subsection B, land which is (i) subject to a perpetual conservation easement held pursuant to this chapter or the Open-Space Land Act (§ 10.1-1700 et seq.), (ii) devoted to open-space use as defined in § 58.1-3230, and (iii) in any county, city or town which has provided for land use assessment and taxation of any class of land within its jurisdiction pursuant to § 58.1-3231 or § 58.1-3232, shall be assessed and taxed at the use value for open space, if the land otherwise qualifies for such assessment at the time the easement is dedicated. If an easement is in existence at the time the locality enacts land use assessment, the easement shall qualify for such assessment. Once the land with the easement qualifies for land use assessment, it shall continue to qualify so long as the locality has land use assessment.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14905,"edition_id":1,"name":"Virginia Conservation Easement Act","identifier":"10.1","label":"chapter","depth":3,"order_by":1,"parent_id":12893,"metadata":{},"date_created":"2026-06-26 03:50:42","date_modified":"2026-06-26 03:50:42","permalink":{"id":143511,"object_type":"structure","relational_id":14905,"identifier":"10.1","token":"10.1\/I\/10.1","url":"\/10.1\/I\/10.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12893,"edition_id":1,"name":"Activities Administered by the Department of Conservation and Recreation","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":143315,"object_type":"structure","relational_id":12893,"identifier":"I","token":"10.1\/I","url":"\/10.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64435,"structure_id":14905,"section_number":"10.1-1009","catch_line":"Definitions","url":"\/10.1-1009\/","token":"10.1\/I\/10.1\/10.1-1009","metadata":false},{"id":69603,"structure_id":14905,"section_number":"10.1-1010","catch_line":"Creation, acceptance and duration","url":"\/10.1-1010\/","token":"10.1\/I\/10.1\/10.1-1010","metadata":false},{"id":83678,"structure_id":14905,"section_number":"10.1-1011","catch_line":"Taxation","url":"\/10.1-1011\/","token":"10.1\/I\/10.1\/10.1-1011","metadata":false},{"id":63613,"structure_id":14905,"section_number":"10.1-1012","catch_line":"Notification","url":"\/10.1-1012\/","token":"10.1\/I\/10.1\/10.1-1012","metadata":false},{"id":84605,"structure_id":14905,"section_number":"10.1-1013","catch_line":"Standing","url":"\/10.1-1013\/","token":"10.1\/I\/10.1\/10.1-1013","metadata":false},{"id":58869,"structure_id":14905,"section_number":"10.1-1014","catch_line":"Validity","url":"\/10.1-1014\/","token":"10.1\/I\/10.1\/10.1-1014","metadata":false},{"id":56900,"structure_id":14905,"section_number":"10.1-1015","catch_line":"Conveyance to the Commonwealth","url":"\/10.1-1015\/","token":"10.1\/I\/10.1\/10.1-1015","metadata":false},{"id":73783,"structure_id":14905,"section_number":"10.1-1016","catch_line":"Savings clause","url":"\/10.1-1016\/","token":"10.1\/I\/10.1\/10.1-1016","metadata":false},{"id":71743,"structure_id":14905,"section_number":"10.1-1016.1","catch_line":"Construction","url":"\/10.1-1016.1\/","token":"10.1\/I\/10.1\/10.1-1016.1","metadata":false}],"previous_section":{"id":69603,"structure_id":14905,"section_number":"10.1-1010","catch_line":"Creation, acceptance and duration","url":"\/10.1-1010\/","token":"10.1\/I\/10.1\/10.1-1010","metadata":false},"next_section":{"id":63613,"structure_id":14905,"section_number":"10.1-1012","catch_line":"Notification","url":"\/10.1-1012\/","token":"10.1\/I\/10.1\/10.1-1012","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1011\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapters 720 and 891 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1993, chapter 390; in 1998, chapter 487<\/a>.<\/p>","references":[{"id":87501,"section_number":"58.1-3205","catch_line":"Assessment of real property where interest less than fee is held by public body; exemption of interest of public body from taxation","order_by":null,"url":"\/58.1-3205\/"}],"refers_to":[{"id":59427,"section_number":"10.1-1700","catch_line":"Definitions","order_by":null,"url":"\/10.1-1700\/"},{"id":54425,"section_number":"58.1-3230","catch_line":"Special classifications of real estate established and defined","order_by":null,"url":"\/58.1-3230\/"},{"id":62066,"section_number":"58.1-3231","catch_line":"Authority of counties, cities and towns to adopt ordinances; general reassessment following adoption of ordinance","order_by":null,"url":"\/58.1-3231\/"},{"id":76582,"section_number":"58.1-3232","catch_line":"Authority of city to provide for assessment and taxation of real estate in newly annexed area","order_by":null,"url":"\/58.1-3232\/"}],"permalink":{"id":143521,"object_type":"law","relational_id":83678,"identifier":"10.1-1011","token":"10.1\/I\/10.1\/10.1-1011","url":"\/10.1-1011\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1011\/","token":"10.1\/I\/10.1\/10.1-1011","dublin_core":{"Title":"Taxation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1011","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Where an easement held pursuant to this chapter or the Open-Space Land Act (§ 10.1-1700<\/a> et seq.) by its terms is perpetual, neither the interest of the holder<\/span> of a conservation easement<\/span> nor a third-party<\/span> right of enforcement of such an easement shall be subject to state or local taxation nor shall the owner of the fee be taxed for the interest of the holder<\/span> of the easement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Assessments of the fee interest in land that is subject to a perpetual conservation easement<\/span> held pursuant to this chapter or the Open-Space Land Act (§ 10.1-1700<\/a> et seq.) shall reflect the reduction in the fair market value of the land that results from the inability of the owner of the fee to use such property for uses terminated by the easement. To ensure that the owner of the fee is not taxed on the value of the interest of the holder<\/span> of the easement, the fair market value of such land (i) shall be based only on uses of the land that are permitted under the terms of the easement and (ii) shall not include any value attributable to the uses or potential uses of the land that have been terminated by the easement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding the provisions of subsection B, land which is (i) subject to a perpetual conservation easement<\/span> held pursuant to this chapter or the Open-Space Land Act (§ 10.1-1700<\/a> et seq.), (ii) devoted to open-space use as defined in § 58.1-3230<\/a>, and (iii) in any county, city or town which has provided for land use assessment and taxation of any class of land within its jurisdiction<\/span> pursuant to § 58.1-3231<\/a> or § 58.1-3232<\/a>, shall be assessed and taxed at the use value for open space, if the land otherwise qualifies for such assessment at the time the easement is dedicated. If an easement is in existence at the time the locality enacts land use assessment, the easement shall qualify for such assessment. Once the land with the easement qualifies for land use assessment, it shall continue to qualify so long as the locality has land use assessment. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTAXATION (\u00a7 10.1-1011)\n\nA. Where an easement held pursuant to this chapter or the Open-Space Land Act\n(§ 10.1-1700 et seq.) by its terms is perpetual, neither the interest of\nthe holder of a conservation easement nor a third-party right of enforcement of\nsuch an easement shall be subject to state or local taxation nor shall the owner\nof the fee be taxed for the interest of the holder of the easement.\n\nB. Assessments of the fee interest in land that is subject to a perpetual\nconservation easement held pursuant to this chapter or the Open-Space Land Act\n(§ 10.1-1700 et seq.) shall reflect the reduction in the fair market value\nof the land that results from the inability of the owner of the fee to use such\nproperty for uses terminated by the easement. To ensure that the owner of the\nfee is not taxed on the value of the interest of the holder of the easement, the\nfair market value of such land (i) shall be based only on uses of the land that\nare permitted under the terms of the easement and (ii) shall not include any\nvalue attributable to the uses or potential uses of the land that have been\nterminated by the easement.\n\nC. Notwithstanding the provisions of subsection B, land which is (i) subject to\na perpetual conservation easement held pursuant to this chapter or the\nOpen-Space Land Act (§ 10.1-1700 et seq.), (ii) devoted to open-space use\nas defined in § 58.1-3230, and (iii) in any county, city or town which has\nprovided for land use assessment and taxation of any class of land within its\njurisdiction pursuant to § 58.1-3231 or § 58.1-3232, shall be assessed\nand taxed at the use value for open space, if the land otherwise qualifies for\nsuch assessment at the time the easement is dedicated. If an easement is in\nexistence at the time the locality enacts land use assessment, the easement\nshall qualify for such assessment. Once the land with the easement qualifies for\nland use assessment, it shall continue to qualify so long as the locality has\nland use assessment.\n\nHISTORY: 1988, cc. 720, 891; 1993, c. 390; 1998, c. 487.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}