{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1704.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1704.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1704.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1704.html"}],"law_id":69359,"edition_id":1,"section_id":69359,"structure_id":15576,"section_number":"10.1-1704","catch_line":"Diversion of property from open-space land use; conveyance or lease of open-space land","history":"1966, c. 461, \u00a7 10-153; 1988, c. 891; 1997, c. 338.","full_text":"A\n\nNo open-space land, the title to or interest or right in which has been acquired under this chapter and which has been designated as open-space land under the authority of this chapter, shall be converted or diverted from open-space land use unless (i) the conversion or diversion is determined by the public body to be (a) essential to the orderly development and growth of the locality and (b) in accordance with the official comprehensive plan for the locality in effect at the time of conversion or diversion and (ii) there is substituted other real property which is (a) of at least equal fair market value, (b) of greater value as permanent open-space land than the land converted or diverted and (c) of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as is the land converted or diverted. The public body shall assure that the property substituted will be subject to the provisions of this chapter.B\n\nA public body may convey or lease any real property it has acquired and which has been designated for the purposes of this chapter. The conveyance or lease shall be subject to contractual arrangements that will preserve the property as open-space land, unless the property is to be converted or diverted from open-space land use in accordance with the provisions of subsection A of this section.","order_by":null,"text":{"0":{"id":250852,"text":"No open-space land, the title to or interest or right in which has been acquired under this chapter and which has been designated as open-space land under the authority of this chapter, shall be converted or diverted from open-space land use unless (i) the conversion or diversion is determined by the public body to be (a) essential to the orderly development and growth of the locality and (b) in accordance with the official comprehensive plan for the locality in effect at the time of conversion or diversion and (ii) there is substituted other real property which is (a) of at least equal fair market value, (b) of greater value as permanent open-space land than the land converted or diverted and (c) of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as is the land converted or diverted. The public body shall assure that the property substituted will be subject to the provisions of this chapter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250853,"text":"A public body may convey or lease any real property it has acquired and which has been designated for the purposes of this chapter. The conveyance or lease shall be subject to contractual arrangements that will preserve the property as open-space land, unless the property is to be converted or diverted from open-space land use in accordance with the provisions of subsection A of this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15576,"edition_id":1,"name":"Open-Space Land Act","identifier":"17","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:56:29","date_modified":"2026-06-26 03:56:29","permalink":{"id":146645,"object_type":"structure","relational_id":15576,"identifier":"17","token":"10.1\/II\/17","url":"\/10.1\/II\/17\/","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":59427,"structure_id":15576,"section_number":"10.1-1700","catch_line":"Definitions","url":"\/10.1-1700\/","token":"10.1\/II\/17\/10.1-1700","metadata":false},{"id":66772,"structure_id":15576,"section_number":"10.1-1701","catch_line":"Authority of public bodies to acquire or designate property for use as open-space land","url":"\/10.1-1701\/","token":"10.1\/II\/17\/10.1-1701","metadata":false},{"id":86738,"structure_id":15576,"section_number":"10.1-1702","catch_line":"Further powers of public bodies","url":"\/10.1-1702\/","token":"10.1\/II\/17\/10.1-1702","metadata":false},{"id":82902,"structure_id":15576,"section_number":"10.1-1703","catch_line":"Acquisition of title subject to reservation of farming or timber rights; acquisition of easements, etc.; property to be made available for farming and timber uses","url":"\/10.1-1703\/","token":"10.1\/II\/17\/10.1-1703","metadata":false},{"id":69359,"structure_id":15576,"section_number":"10.1-1704","catch_line":"Diversion of property from open-space land use; conveyance or lease of open-space land","url":"\/10.1-1704\/","token":"10.1\/II\/17\/10.1-1704","metadata":false},{"id":61318,"structure_id":15576,"section_number":"10.1-1705","catch_line":"Chapter controlling over other laws; powers supplemental","url":"\/10.1-1705\/","token":"10.1\/II\/17\/10.1-1705","metadata":false},{"id":60053,"structure_id":15576,"section_number":"10.1-1705.1","catch_line":"Construction","url":"\/10.1-1705.1\/","token":"10.1\/II\/17\/10.1-1705.1","metadata":false}],"previous_section":{"id":82902,"structure_id":15576,"section_number":"10.1-1703","catch_line":"Acquisition of title subject to reservation of farming or timber rights; acquisition of easements, etc.; property to be made available for farming and timber uses","url":"\/10.1-1703\/","token":"10.1\/II\/17\/10.1-1703","metadata":false},"next_section":{"id":61318,"structure_id":15576,"section_number":"10.1-1705","catch_line":"Chapter controlling over other laws; powers supplemental","url":"\/10.1-1705\/","token":"10.1\/II\/17\/10.1-1705","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1704\/","history_text":"

This law was first created in 1966. The record of its establishment is cataloged in chapter 461 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 1966 \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 1997, chapter 338<\/a>.<\/p>","references":[{"id":87197,"section_number":"10.1-1021","catch_line":"Powers of the Foundation","order_by":null,"url":"\/10.1-1021\/"},{"id":59464,"section_number":"10.1-1801.1","catch_line":"Open-Space Lands Preservation Trust Fund","order_by":null,"url":"\/10.1-1801.1\/"}],"refers_to":false,"permalink":{"id":146663,"object_type":"law","relational_id":69359,"identifier":"10.1-1704","token":"10.1\/II\/17\/10.1-1704","url":"\/10.1-1704\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1704\/","token":"10.1\/II\/17\/10.1-1704","dublin_core":{"Title":"Diversion of property from open-space land use; conveyance or lease of open-space land","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1704","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No open-space land<\/span>, the title to or interest or right in which has been acquired under this chapter and which has been designated as open-space land<\/span> under the authority of this chapter, shall be converted or diverted from open-space land<\/span> use unless (i) the conversion or diversion<\/span> is determined by the public body<\/span> to be (a) essential to the orderly development and growth of the locality and (b) in accordance with the official comprehensive plan for the locality in effect at the time of conversion or diversion<\/span> and (ii) there is substituted other real property which is (a) of at least equal fair market value, (b) of greater value as permanent open-space land<\/span> than the land converted or diverted and (c) of as nearly as feasible equivalent usefulness and location for use as permanent open-space land<\/span> as is the land converted or diverted. The public body<\/span> shall assure that the property substituted will be subject to the provisions of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A public body<\/span> may convey or lease any real property it has acquired and which has been designated for the purposes of this chapter. The conveyance or lease shall be subject to contractual arrangements that will preserve the property as open-space land<\/span>, unless the property is to be converted or diverted from open-space land<\/span> use in accordance with the provisions of subsection A of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDIVERSION OF PROPERTY FROM OPEN-SPACE LAND USE; CONVEYANCE OR LEASE OF\nOPEN-SPACE LAND (\u00a7 10.1-1704)\n\nA. No open-space land, the title to or interest or right in which has been\nacquired under this chapter and which has been designated as open-space land\nunder the authority of this chapter, shall be converted or diverted from\nopen-space land use unless (i) the conversion or diversion is determined by the\npublic body to be (a) essential to the orderly development and growth of the\nlocality and (b) in accordance with the official comprehensive plan for the\nlocality in effect at the time of conversion or diversion and (ii) there is\nsubstituted other real property which is (a) of at least equal fair market\nvalue, (b) of greater value as permanent open-space land than the land converted\nor diverted and (c) of as nearly as feasible equivalent usefulness and location\nfor use as permanent open-space land as is the land converted or diverted. The\npublic body shall assure that the property substituted will be subject to the\nprovisions of this chapter.\n\nB. A public body may convey or lease any real property it has acquired and which\nhas been designated for the purposes of this chapter. The conveyance or lease\nshall be subject to contractual arrangements that will preserve the property as\nopen-space land, unless the property is to be converted or diverted from\nopen-space land use in accordance with the provisions of subsection A of this\nsection.\n\nHISTORY: 1966, c. 461, \u00a7 10-153; 1988, c. 891; 1997, c. 338.","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}}