{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1801.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1801.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1801.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1801.1.html"}],"law_id":59464,"edition_id":1,"section_id":59464,"structure_id":13452,"section_number":"10.1-1801.1","catch_line":"Open-Space Lands Preservation Trust Fund","history":"1997, c. 338; 1999, c. 927; 2000, c. 181; 2003, cc. 78, 90; 2009, c. 599; 2020, c. 567; 2023, c. 389.","full_text":"A\n\nThe Foundation shall establish, administer, manage, including the creation of reserves, and make expenditures and allocations from a special nonreverting fund in the state treasury to be known as the Open-Space Lands Preservation Trust Fund, hereinafter referred to as the Fund. The Foundation shall establish and administer the Fund solely for the purpose of providing grants in accordance with this section to localities acquiring fee simple title or other rights, interests, or privileges in property, to localities for persons conveying conservation easements to nonprofit land trusts, or to persons conveying to the Foundation fee simple title or other rights, interests, or privileges in property on agricultural, forestal, or other open-space land pursuant to the Open-Space Land Act (§ 10.1-1700 et seq.) and, if applicable, the Virginia Conservation Easement Act (§ 10.1-1009 et seq.).B\n\nThe Fund shall consist of general fund moneys, gifts, endowments or grants from the United States government, its agencies and instrumentalities, and funds from any other available sources, public or private.C\n\nAny moneys remaining in the Fund at the end of a biennium shall remain in the Fund, and shall not revert to the general fund. Interest earned on moneys received by the Fund shall remain in the Fund and be credited to it.D\n\nThe purpose of grants made from the Fund shall be to aid (i) localities acquiring fee simple title or other rights, interests, or privileges in property; (ii) persons conveying to the Foundation fee simple title or other rights, interests, or privileges in property; or (iii) localities to provide funding for projects approved by the Foundation to persons conveying conservation easements to nonprofit land trusts so long as such easement has a local coholder. Such grants may be used for the costs associated with the conveyance of the property interest, which may include legal costs, appraisal costs, or all or part of the value of the property interest. In cases where a grant is used to purchase all or part of the value of a property interest, moneys from the Fund may also be used by the Foundation to pay for an appraisal, provided that the appraisal is the only appraisal paid for by the Foundation in the acquisition of a particular property interest. To be eligible for a grant award, the property interest shall be (a) compliant with the Open-Space Land Act (§ 10.1-1700 et seq.) or (b) a conservation easement under the Virginia Conservation Easement Act (§ 10.1-1009 et seq.), so long as the holder of such easement is accredited by the Land Trust Accreditation Commission or its designated subsidiary entity at the time of the grant award. If the Land Trust Accreditation Commission accreditation is not available at the time of the grant application for such holder under clause (b), the Foundation shall evaluate such holder on a case-by-case basis consistent with its established guidelines. For the purposes of this subsection, “local coholder” means the governing body of the locality in which the easement is located, a public recreational facilities authority, any other local entity authorized by statute to hold open-space easements, or a soil and water conservation district, if authorized to hold an easement under the Open-Space Land Act.E\n\nThe Foundation shall establish guidelines for submittal and evaluation of grant applications. In evaluating grant applications, the Foundation may give priority to applications that:1\n\nRequest a grant to pay only legal and appraisal fees for a property interest that is being donated by the landowner;2\n\nRequest a grant to pay costs associated with conveying a property interest on a family-owned or family-operated farm; or3\n\nDemonstrate the applicant’s financial need for a grant.F\n\nNo open-space land for which a grant has been awarded under this section shall be converted or diverted from open-space land use unless:1\n\nSuch conversion or diversion is in compliance with subsection A of § 10.1-1704; and2\n\nAny open-space easement on the land substituted for land subject to an easement with respect to which a grant has been made under this section meets the eligibility requirements of this section.G\n\nUp to $100,000 per year of any interest generated by the Fund may be used for the Foundation’s administrative expenses.","order_by":null,"text":{"0":{"id":217900,"text":"The Foundation shall establish, administer, manage, including the creation of reserves, and make expenditures and allocations from a special nonreverting fund in the state treasury to be known as the Open-Space Lands Preservation Trust Fund, hereinafter referred to as the Fund. The Foundation shall establish and administer the Fund solely for the purpose of providing grants in accordance with this section to localities acquiring fee simple title or other rights, interests, or privileges in property, to localities for persons conveying conservation easements to nonprofit land trusts, or to persons conveying to the Foundation fee simple title or other rights, interests, or privileges in property on agricultural, forestal, or other open-space land pursuant to the Open-Space Land Act (§ 10.1-1700 et seq.) and, if applicable, the Virginia Conservation Easement Act (§ 10.1-1009 et seq.).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":217901,"text":"The Fund shall consist of general fund moneys, gifts, endowments or grants from the United States government, its agencies and instrumentalities, and funds from any other available sources, public or private.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":217902,"text":"Any moneys remaining in the Fund at the end of a biennium shall remain in the Fund, and shall not revert to the general fund. Interest earned on moneys received by the Fund shall remain in the Fund and be credited to it.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":217903,"text":"The purpose of grants made from the Fund shall be to aid (i) localities acquiring fee simple title or other rights, interests, or privileges in property; (ii) persons conveying to the Foundation fee simple title or other rights, interests, or privileges in property; or (iii) localities to provide funding for projects approved by the Foundation to persons conveying conservation easements to nonprofit land trusts so long as such easement has a local coholder. Such grants may be used for the costs associated with the conveyance of the property interest, which may include legal costs, appraisal costs, or all or part of the value of the property interest. In cases where a grant is used to purchase all or part of the value of a property interest, moneys from the Fund may also be used by the Foundation to pay for an appraisal, provided that the appraisal is the only appraisal paid for by the Foundation in the acquisition of a particular property interest. To be eligible for a grant award, the property interest shall be (a) compliant with the Open-Space Land Act (§ 10.1-1700 et seq.) or (b) a conservation easement under the Virginia Conservation Easement Act (§ 10.1-1009 et seq.), so long as the holder of such easement is accredited by the Land Trust Accreditation Commission or its designated subsidiary entity at the time of the grant award. If the Land Trust Accreditation Commission accreditation is not available at the time of the grant application for such holder under clause (b), the Foundation shall evaluate such holder on a case-by-case basis consistent with its established guidelines. For the purposes of this subsection, “local coholder” means the governing body of the locality in which the easement is located, a public recreational facilities authority, any other local entity authorized by statute to hold open-space easements, or a soil and water conservation district, if authorized to hold an easement under the Open-Space Land Act.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":217904,"text":"The Foundation shall establish guidelines for submittal and evaluation of grant applications. In evaluating grant applications, the Foundation may give priority to applications that:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":217905,"text":"Request a grant to pay only legal and appraisal fees for a property interest that is being donated by the landowner;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":217906,"text":"Request a grant to pay costs associated with conveying a property interest on a family-owned or family-operated farm; or","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":217907,"text":"Demonstrate the applicant’s financial need for a grant.","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"F"},"8":{"id":217908,"text":"No open-space land for which a grant has been awarded under this section shall be converted or diverted from open-space land use unless:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E3","next_prefix":"F1"},"9":{"id":217909,"text":"Such conversion or diversion is in compliance with subsection A of § 10.1-1704; and","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2,"prior_prefix":"F","next_prefix":"F2"},"10":{"id":217910,"text":"Any open-space easement on the land substituted for land subject to an easement with respect to which a grant has been made under this section meets the eligibility requirements of this section.","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2,"prior_prefix":"F1","next_prefix":"G"},"11":{"id":217911,"text":"Up to $100,000 per year of any interest generated by the Fund may be used for the Foundation’s administrative expenses.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F2"}},"ancestry":[{"id":13452,"edition_id":1,"name":"Virginia Outdoors Foundation","identifier":"18","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:44:55","date_modified":"2026-06-26 03:44:55","permalink":{"id":146675,"object_type":"structure","relational_id":13452,"identifier":"18","token":"10.1\/II\/18","url":"\/10.1\/II\/18\/","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":85701,"structure_id":13452,"section_number":"10.1-1800","catch_line":"Establishment and administration of Foundation; appointment, terms, chairman, quorum, etc., of board of trustees","url":"\/10.1-1800\/","token":"10.1\/II\/18\/10.1-1800","metadata":false},{"id":79722,"structure_id":13452,"section_number":"10.1-1801","catch_line":"Powers of Foundation","url":"\/10.1-1801\/","token":"10.1\/II\/18\/10.1-1801","metadata":false},{"id":59464,"structure_id":13452,"section_number":"10.1-1801.1","catch_line":"Open-Space Lands Preservation Trust Fund","url":"\/10.1-1801.1\/","token":"10.1\/II\/18\/10.1-1801.1","metadata":false},{"id":58823,"structure_id":13452,"section_number":"10.1-1801.2","catch_line":"Repealed","url":"\/10.1-1801.2\/","token":"10.1\/II\/18\/10.1-1801.2","metadata":false},{"id":61491,"structure_id":13452,"section_number":"10.1-1802","catch_line":"Annual report","url":"\/10.1-1802\/","token":"10.1\/II\/18\/10.1-1802","metadata":false},{"id":58770,"structure_id":13452,"section_number":"10.1-1803","catch_line":"Gifts, devises and bequests","url":"\/10.1-1803\/","token":"10.1\/II\/18\/10.1-1803","metadata":false},{"id":54411,"structure_id":13452,"section_number":"10.1-1804","catch_line":"Cooperation of state agencies, etc","url":"\/10.1-1804\/","token":"10.1\/II\/18\/10.1-1804","metadata":false}],"previous_section":{"id":79722,"structure_id":13452,"section_number":"10.1-1801","catch_line":"Powers of Foundation","url":"\/10.1-1801\/","token":"10.1\/II\/18\/10.1-1801","metadata":false},"next_section":{"id":58823,"structure_id":13452,"section_number":"10.1-1801.2","catch_line":"Repealed","url":"\/10.1-1801.2\/","token":"10.1\/II\/18\/10.1-1801.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1801.1\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 338<\/a> 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. It has been modified 6 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 1999, chapter 927<\/a>; in 2000, chapter 181<\/a>; in 2003, chapters 78<\/a> and 90<\/a>; in 2009, chapter 599<\/a>; in 2020, chapter 567<\/a>; in 2023, chapter 389<\/a>.<\/p>","references":[{"id":86514,"section_number":"10.1-1020","catch_line":"Virginia Land Conservation Fund; purposes of Foundation","order_by":null,"url":"\/10.1-1020\/"}],"refers_to":[{"id":64435,"section_number":"10.1-1009","catch_line":"Definitions","order_by":null,"url":"\/10.1-1009\/"},{"id":59427,"section_number":"10.1-1700","catch_line":"Definitions","order_by":null,"url":"\/10.1-1700\/"},{"id":69359,"section_number":"10.1-1704","catch_line":"Diversion of property from open-space land use; conveyance or lease of open-space land","order_by":null,"url":"\/10.1-1704\/"}],"permalink":{"id":146685,"object_type":"law","relational_id":59464,"identifier":"10.1-1801.1","token":"10.1\/II\/18\/10.1-1801.1","url":"\/10.1-1801.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1801.1\/","token":"10.1\/II\/18\/10.1-1801.1","dublin_core":{"Title":"Open-Space Lands Preservation Trust Fund","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1801.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Foundation shall establish, administer, manage, including the creation of reserves, and make expenditures and allocations from a special nonreverting fund in the state treasury to be known as the Open-Space Lands Preservation Trust Fund, hereinafter referred to as the Fund. The Foundation shall establish and administer the Fund solely for the purpose of providing grants in accordance with this section to localities acquiring fee simple title or other rights, interests, or privileges<\/span> in property, to localities for persons conveying conservation easements to nonprofit land trusts, or to persons conveying to the Foundation fee simple title or other rights, interests, or privileges<\/span> in property on agricultural, forestal, or other open-space land pursuant to the Open-Space Land Act (§ 10.1-1700<\/a> et seq.) and, if applicable, the Virginia Conservation Easement Act (§ 10.1-1009<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Fund shall consist of general fund moneys, gifts, endowments or grants from the United States government, its agencies and instrumentalities, and funds from any other available sources, public or private. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any moneys remaining in the Fund at the end of a biennium shall remain in the Fund, and shall not revert to the general fund. Interest earned on moneys received by the Fund shall remain in the Fund and be credited to it. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The purpose of grants made from the Fund shall be to aid (i) localities acquiring fee simple title or other rights, interests, or privileges<\/span> in property; (ii) persons conveying to the Foundation fee simple title or other rights, interests, or privileges<\/span> in property; or (iii) localities to provide funding for projects approved by the Foundation to persons conveying conservation easements to nonprofit land trusts so long as such easement has a local coholder<\/span>. Such grants may be used for the costs associated with the conveyance of the property interest, which may include legal costs, appraisal costs, or all or part of the value of the property interest. In cases where a grant is used to purchase all or part of the value of a property interest, moneys from the Fund may also be used by the Foundation to pay for an appraisal, provided that the appraisal is the only appraisal paid for by the Foundation in the acquisition of a particular property interest. To be eligible for a grant award, the property interest shall be (a) compliant with the Open-Space Land Act (§ 10.1-1700<\/a> et seq.) or (b) a conservation easement under the Virginia Conservation Easement Act (§ 10.1-1009<\/a> et seq.), so long as the holder of such easement is accredited by the Land Trust Accreditation Commission or its designated subsidiary entity at the time of the grant award. If the Land Trust Accreditation Commission accreditation is not available at the time of the grant application for such holder under clause (b), the Foundation shall evaluate such holder on a case-by-case basis consistent with its established guidelines. For the purposes of this subsection, “local coholder<\/span>” means the governing body of the locality in which the easement is located, a public recreational facilities authority, any other local entity authorized by statute<\/span> to hold open-space easements, or a soil and water conservation district, if authorized to hold an easement under the Open-Space Land Act. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Foundation shall establish guidelines for submittal and evaluation of grant applications. In evaluating grant applications, the Foundation may give priority to applications that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Request a grant to pay only legal and appraisal fees for a property interest that is being donated by the landowner; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Request a grant to pay costs associated with conveying a property interest on a family-owned or family-operated farm; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Demonstrate the applicant’s financial need for a grant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No open-space land for which a grant has been awarded under this section shall be converted or diverted from open-space land use unless: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Such conversion or diversion<\/span> is in compliance with subsection A of § 10.1-1704<\/a>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Any open-space easement on the land substituted for land subject to an easement with respect to which a grant has been made under this section meets the eligibility requirements of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Up to $100,000 per year of any interest generated by the Fund may be used for the Foundation’s administrative expenses. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nOPEN-SPACE LANDS PRESERVATION TRUST FUND (\u00a7 10.1-1801.1)\n\nA. The Foundation shall establish, administer, manage, including the creation of\nreserves, and make expenditures and allocations from a special nonreverting fund\nin the state treasury to be known as the Open-Space Lands Preservation Trust\nFund, hereinafter referred to as the Fund. The Foundation shall establish and\nadminister the Fund solely for the purpose of providing grants in accordance\nwith this section to localities acquiring fee simple title or other rights,\ninterests, or privileges in property, to localities for persons conveying\nconservation easements to nonprofit land trusts, or to persons conveying to the\nFoundation fee simple title or other rights, interests, or privileges in\nproperty on agricultural, forestal, or other open-space land pursuant to the\nOpen-Space Land Act (§ 10.1-1700 et seq.) and, if applicable, the Virginia\nConservation Easement Act (§ 10.1-1009 et seq.).\n\nB. The Fund shall consist of general fund moneys, gifts, endowments or grants\nfrom the United States government, its agencies and instrumentalities, and funds\nfrom any other available sources, public or private.\n\nC. Any moneys remaining in the Fund at the end of a biennium shall remain in the\nFund, and shall not revert to the general fund. Interest earned on moneys\nreceived by the Fund shall remain in the Fund and be credited to it.\n\nD. The purpose of grants made from the Fund shall be to aid (i) localities\nacquiring fee simple title or other rights, interests, or privileges in\nproperty; (ii) persons conveying to the Foundation fee simple title or other\nrights, interests, or privileges in property; or (iii) localities to provide\nfunding for projects approved by the Foundation to persons conveying\nconservation easements to nonprofit land trusts so long as such easement has a\nlocal coholder. Such grants may be used for the costs associated with the\nconveyance of the property interest, which may include legal costs, appraisal\ncosts, or all or part of the value of the property interest. In cases where a\ngrant is used to purchase all or part of the value of a property interest,\nmoneys from the Fund may also be used by the Foundation to pay for an appraisal,\nprovided that the appraisal is the only appraisal paid for by the Foundation in\nthe acquisition of a particular property interest. To be eligible for a grant\naward, the property interest shall be (a) compliant with the Open-Space Land Act\n(§ 10.1-1700 et seq.) or (b) a conservation easement under the Virginia\nConservation Easement Act (§ 10.1-1009 et seq.), so long as the holder of\nsuch easement is accredited by the Land Trust Accreditation Commission or its\ndesignated subsidiary entity at the time of the grant award. If the Land Trust\nAccreditation Commission accreditation is not available at the time of the grant\napplication for such holder under clause (b), the Foundation shall evaluate such\nholder on a case-by-case basis consistent with its established guidelines. For\nthe purposes of this subsection, “local coholder” means the\ngoverning body of the locality in which the easement is located, a public\nrecreational facilities authority, any other local entity authorized by statute\nto hold open-space easements, or a soil and water conservation district, if\nauthorized to hold an easement under the Open-Space Land Act.\n\nE. The Foundation shall establish guidelines for submittal and evaluation of\ngrant applications. In evaluating grant applications, the Foundation may give\npriority to applications that:\n\n 1. Request a grant to pay only legal and appraisal fees for a property\n interest that is being donated by the landowner;\n\n 2. Request a grant to pay costs associated with conveying a property interest\n on a family-owned or family-operated farm; or\n\n 3. Demonstrate the applicant’s financial need for a grant.\n\nF. No open-space land for which a grant has been awarded under this section\nshall be converted or diverted from open-space land use unless:\n\n 1. Such conversion or diversion is in compliance with subsection A of §\n 10.1-1704; and\n\n 2. Any open-space easement on the land substituted for land subject to an\n easement with respect to which a grant has been made under this section meets\n the eligibility requirements of this section.\n\nG. Up to $100,000 per year of any interest generated by the Fund may be used for\nthe Foundation’s administrative expenses.\n\nHISTORY: 1997, c. 338; 1999, c. 927; 2000, c. 181; 2003, cc. 78, 90; 2009, c.\n599; 2020, c. 567; 2023, c. 389.","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}}