{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1432.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1432.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1432.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1432.html"}],"law_id":77627,"edition_id":1,"section_id":77627,"structure_id":16534,"section_number":"10.1-1432","catch_line":"Further powers of Board","history":"1986, c. 492, \u00a7 10-285; 1988, c. 891; 2003, c. 940.","full_text":"The Board shall have the power, subject to the approval of the Governor:\n\n1\n\nTo acquire by purchase, exercise the right of eminent domain as provided in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 grant, gift, devise or otherwise, the fee simple title to or any acceptable lesser interest in any lands, selected in the discretion of the Board as constituting necessary, desirable or acceptable sites for low-level radioactive waste management, including lands adjacent to a project site as in the discretion of the Board may be necessary or suitable for restricted areas. In all instances lands that are to be designated as radioactive waste material sites shall be acquired in fee simple absolute and dedicated in perpetuity to such purpose;2\n\nTo convey or lease, for such term as in the discretion of the Board may be in the public interest, any lands so acquired, either for a fair and reasonable consideration or solely or partly as an inducement to the establishment or location in the Commonwealth of any scientific or technological facility, project, satellite project or nuclear storage area; but subject to such restraints as may be deemed proper to bring about a reversion of title or termination of any lease if the grantee or lessee ceases to use the premises or facilities in the conduct of business or activities consistent with the purposes of this article. However, radioactive waste material sites may be leased but may not otherwise be disposed of except to another department, agency or institution of the Commonwealth or to the United States;3\n\nTo assume responsibility for perpetual custody and maintenance of radioactive waste held for custodial purposes at any publicly or privately operated facility located within the Commonwealth if the parties operating such facilities abandon their responsibility and whenever the federal government or any of its agencies has not assumed the responsibility. In such event, the Board may collect fees from private or public parties holding radioactive waste for perpetual custodial purposes in order to finance such perpetual custody and maintenance as the Board may undertake. The fees shall be sufficient in each individual case to defray the estimated cost of the Board’s custodial management activities for that individual case. All such fees, when received by the Board, shall be credited to a special fund of the Department, shall be used exclusively for maintenance costs or for otherwise satisfying custodial and maintenance obligations; and4\n\nTo enter into an agreement with the federal government or any of its authorized agencies to assume perpetual maintenance of lands donated, leased, or purchased from the federal government or any of its authorized agencies and used as custodial sites for radioactive waste.","order_by":null,"text":{"0":{"id":278472,"text":"The Board shall have the power, subject to the approval of the Governor:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":278473,"text":"To acquire by purchase, exercise the right of eminent domain as provided in Chapter 2 (§ 25.1-200 et seq.) of Title 25.1 grant, gift, devise or otherwise, the fee simple title to or any acceptable lesser interest in any lands, selected in the discretion of the Board as constituting necessary, desirable or acceptable sites for low-level radioactive waste management, including lands adjacent to a project site as in the discretion of the Board may be necessary or suitable for restricted areas. In all instances lands that are to be designated as radioactive waste material sites shall be acquired in fee simple absolute and dedicated in perpetuity to such purpose;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":278474,"text":"To convey or lease, for such term as in the discretion of the Board may be in the public interest, any lands so acquired, either for a fair and reasonable consideration or solely or partly as an inducement to the establishment or location in the Commonwealth of any scientific or technological facility, project, satellite project or nuclear storage area; but subject to such restraints as may be deemed proper to bring about a reversion of title or termination of any lease if the grantee or lessee ceases to use the premises or facilities in the conduct of business or activities consistent with the purposes of this article. However, radioactive waste material sites may be leased but may not otherwise be disposed of except to another department, agency or institution of the Commonwealth or to the United States;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":278475,"text":"To assume responsibility for perpetual custody and maintenance of radioactive waste held for custodial purposes at any publicly or privately operated facility located within the Commonwealth if the parties operating such facilities abandon their responsibility and whenever the federal government or any of its agencies has not assumed the responsibility. In such event, the Board may collect fees from private or public parties holding radioactive waste for perpetual custodial purposes in order to finance such perpetual custody and maintenance as the Board may undertake. The fees shall be sufficient in each individual case to defray the estimated cost of the Board’s custodial management activities for that individual case. All such fees, when received by the Board, shall be credited to a special fund of the Department, shall be used exclusively for maintenance costs or for otherwise satisfying custodial and maintenance obligations; and","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":278476,"text":"To enter into an agreement with the federal government or any of its authorized agencies to assume perpetual maintenance of lands donated, leased, or purchased from the federal government or any of its authorized agencies and used as custodial sites for radioactive waste.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":16534,"edition_id":1,"name":"Radioactive Waste","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":12811,"metadata":{},"date_created":"2026-06-26 04:22:56","date_modified":"2026-06-26 04:22:56","permalink":{"id":146385,"object_type":"structure","relational_id":16534,"identifier":"5","token":"10.1\/II\/14\/5","url":"\/10.1\/II\/14\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12811,"edition_id":1,"name":"Virginia Waste Management Act","identifier":"14","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":145887,"object_type":"structure","relational_id":12811,"identifier":"14","token":"10.1\/II\/14","url":"\/10.1\/II\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","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":70658,"structure_id":16534,"section_number":"10.1-1430","catch_line":"Authority of Governor to enter into agreements with federal government; effect on federal licenses","url":"\/10.1-1430\/","token":"10.1\/II\/14\/5\/10.1-1430","metadata":false},{"id":85336,"structure_id":16534,"section_number":"10.1-1431","catch_line":"Authority of Board to enter into agreements with federal government, other states or interstate agencies; training programs for personnel","url":"\/10.1-1431\/","token":"10.1\/II\/14\/5\/10.1-1431","metadata":false},{"id":77627,"structure_id":16534,"section_number":"10.1-1432","catch_line":"Further powers of Board","url":"\/10.1-1432\/","token":"10.1\/II\/14\/5\/10.1-1432","metadata":false}],"previous_section":{"id":85336,"structure_id":16534,"section_number":"10.1-1431","catch_line":"Authority of Board to enter into agreements with federal government, other states or interstate agencies; training programs for personnel","url":"\/10.1-1431\/","token":"10.1\/II\/14\/5\/10.1-1431","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1432\/","history_text":"

This law was first created in 1986. The record of its establishment is cataloged in chapter 492 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 1986 \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 1988, chapter 891; in 2003, chapter 940<\/a>.<\/p>","references":false,"refers_to":[{"id":62316,"section_number":"25.1-200","catch_line":"Chapter controls condemnation proceedings","order_by":null,"url":"\/25.1-200\/"}],"permalink":{"id":146395,"object_type":"law","relational_id":77627,"identifier":"10.1-1432","token":"10.1\/II\/14\/5\/10.1-1432","url":"\/10.1-1432\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1432\/","token":"10.1\/II\/14\/5\/10.1-1432","dublin_core":{"Title":"Further powers of Board","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1432","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Board<\/span> shall have the power, subject to the approval of the Governor:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To acquire by purchase, exercise the right of eminent domain as provided in Chapter 2 (§ 25.1-200<\/a> et seq.) of Title 25.1 grant, gift, devise or otherwise, the fee simple title to or any acceptable lesser interest in any lands, selected in the discretion of the Board<\/span> as constituting necessary, desirable or acceptable sites for low-level radioactive waste management<\/span>, including lands adjacent to a project site as in the discretion of the Board<\/span> may be necessary or suitable for restricted areas. In all instances lands that are to be designated as radioactive waste material<\/span> sites shall be acquired in fee simple absolute and dedicated in perpetuity to such purpose; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To convey or lease, for such term as in the discretion of the Board<\/span> may be in the public interest, any lands so acquired, either for a fair and reasonable consideration or solely or partly as an inducement to the establishment or location in the Commonwealth of any scientific or technological facility, project, satellite project or nuclear storage area; but subject to such restraints as may be deemed proper to bring about a reversion of title or termination of any lease if the grantee or lessee ceases to use the premises or facilities in the conduct of business or activities consistent with the purposes of this article. However, radioactive waste material<\/span> sites may be leased but may not otherwise be disposed of except to another department<\/span>, agency or institution of the Commonwealth or to the United States; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> To assume responsibility for perpetual custody<\/span> and maintenance of radioactive waste held for custodial purposes at any publicly or privately operated facility located within the Commonwealth if the parties operating such facilities abandon their responsibility and whenever the federal government or any of its agencies has not assumed the responsibility. In such event, the Board<\/span> may collect fees from private or public parties holding radioactive waste for perpetual custodial purposes in order<\/span> to finance such perpetual custody<\/span> and maintenance as the Board<\/span> may undertake. The fees shall be sufficient in each individual case to defray the estimated cost of the Board<\/span>’s custodial management activities for that individual case. All such fees, when received by the Board<\/span>, shall be credited to a special fund of the Department<\/span>, shall be used exclusively for maintenance costs or for otherwise satisfying custodial and maintenance obligations; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> To enter into an agreement with the federal government or any of its authorized agencies to assume perpetual maintenance of lands donated, leased, or purchased from the federal government or any of its authorized agencies and used as custodial sites for radioactive waste. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFURTHER POWERS OF BOARD (\u00a7 10.1-1432)\n\nThe Board shall have the power, subject to the approval of the Governor:\n\n1. To acquire by purchase, exercise the right of eminent domain as provided in\nChapter 2 (§ 25.1-200 et seq.) of Title 25.1 grant, gift, devise or\notherwise, the fee simple title to or any acceptable lesser interest in any\nlands, selected in the discretion of the Board as constituting necessary,\ndesirable or acceptable sites for low-level radioactive waste management,\nincluding lands adjacent to a project site as in the discretion of the Board may\nbe necessary or suitable for restricted areas. In all instances lands that are\nto be designated as radioactive waste material sites shall be acquired in fee\nsimple absolute and dedicated in perpetuity to such purpose;\n\n2. To convey or lease, for such term as in the discretion of the Board may be in\nthe public interest, any lands so acquired, either for a fair and reasonable\nconsideration or solely or partly as an inducement to the establishment or\nlocation in the Commonwealth of any scientific or technological facility,\nproject, satellite project or nuclear storage area; but subject to such\nrestraints as may be deemed proper to bring about a reversion of title or\ntermination of any lease if the grantee or lessee ceases to use the premises or\nfacilities in the conduct of business or activities consistent with the purposes\nof this article. However, radioactive waste material sites may be leased but may\nnot otherwise be disposed of except to another department, agency or institution\nof the Commonwealth or to the United States;\n\n3. To assume responsibility for perpetual custody and maintenance of radioactive\nwaste held for custodial purposes at any publicly or privately operated facility\nlocated within the Commonwealth if the parties operating such facilities abandon\ntheir responsibility and whenever the federal government or any of its agencies\nhas not assumed the responsibility. In such event, the Board may collect fees\nfrom private or public parties holding radioactive waste for perpetual custodial\npurposes in order to finance such perpetual custody and maintenance as the Board\nmay undertake. The fees shall be sufficient in each individual case to defray\nthe estimated cost of the Board’s custodial management activities for that\nindividual case. All such fees, when received by the Board, shall be credited to\na special fund of the Department, shall be used exclusively for maintenance\ncosts or for otherwise satisfying custodial and maintenance obligations; and\n\n4. To enter into an agreement with the federal government or any of its\nauthorized agencies to assume perpetual maintenance of lands donated, leased, or\npurchased from the federal government or any of its authorized agencies and used\nas custodial sites for radioactive waste.\n\nHISTORY: 1986, c. 492, \u00a7 10-285; 1988, c. 891; 2003, c. 940.","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}}