{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-648.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-648.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-648.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-648.html"}],"law_id":68188,"edition_id":1,"section_id":68188,"structure_id":12895,"section_number":"10.1-648","catch_line":"Acquisition of lands, easements, and rights-of-way","history":"1970, c. 591, \u00a7 21-11.14; 1988, c. 891.","full_text":"A\n\nThe Board, in addition to the provisions of \u00a7 10.1-638, may use funds from the revolving fund to pay the cost of the purchase of needed lands, easements, and rights-of-way, or to share the costs thereof with soil and water conservation districts for soil and water conservation and flood control needs when the following conditions have been met:1\n\nThe program of work for the project has been found by the Board to be feasible, practicable and will promote the health, safety, and general welfare of the people of the Commonwealth;2\n\nThe soil and water conservation district or its cosponsors of the project have obtained a minimum of seventy-five percent of the necessary lands, easements, and rights-of-way in the project, or portion of a project (subwatershed) for which funds are requested prior to the use of funds for this purpose;3\n\nThe district and its cosponsors, if any, have submitted a plat to the Board showing the lands, easements and rights-of-way previously acquired, as well as the remaining lands, easements and rights-of-way necessary to the project but not acquired. In addition, the Board may require any other information which it deems necessary. The district and cosponsors shall certify to the Board that funds are unobtainable from any other source to acquire the remaining land, easements, and rights-of-way necessary to the project, in whole or in part;4\n\nThe funds to be used for lands, easements, and rights-of-way shall be granted to the district or cosponsor of the project in whose name the land, easement, or right-of-way shall be recorded.B\n\nNo later than ten years from the purchase of lands and rights-of-way with the funds provided by this section for soil and water conservation and flood control needs, or upon the completion of the watershed project, or a portion of the project (subwatershed) and upon written demand of the owners, their heirs or assigns from whom such land and rights-of-way were acquired, such property shall be reconveyed by the district or cosponsor to the former owners, their heirs or assigns, upon repayment of the original purchase price, without interest, unless such lands and rights-of-way are granted or retained for public purposes as hereinafter provided. After ten years, and no later than twelve years after the purchase date of lands and rights-of-way with the funds provided by this section, unless such lands and rights-of-way are granted or retained for public purposes or reconveyed as provided above, it shall be the duty of the district or cosponsor, to sell the property purchased wholly or partially from the funds provided by this section. The Board shall specify the terms for any such sale. Upon the sale or reconveyance of such property, the district or cosponsor shall remit to the Board a pro rata share of the proceeds of such sale or repayment pursuant to a reconveyance, equal to the percentage of the total cost of the acquisition of such property from any allocation of funds made hereunder and all such remittances shall be deposited to the revolving fund. The district or cosponsor of the project in whose name the acquisition of the land or rights-of-way to be sold is recorded shall retain any easement or right-of-way to assure the continued operation, maintenance, inspection, and repair of the works of improvement constructed on the land to be sold. The district and cosponsor of a project, with the approval of the Board, may grant for public purposes fee title to lands and rights-of-way acquired under the provisions of this section to any political subdivision, including a cosponsor, an agency of the state or federal government, or a regional park authority.","order_by":null,"text":{"0":{"id":246807,"text":"The Board, in addition to the provisions of \u00a7 10.1-638, may use funds from the revolving fund to pay the cost of the purchase of needed lands, easements, and rights-of-way, or to share the costs thereof with soil and water conservation districts for soil and water conservation and flood control needs when the following conditions have been met:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":246808,"text":"The program of work for the project has been found by the Board to be feasible, practicable and will promote the health, safety, and general welfare of the people of the Commonwealth;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":246809,"text":"The soil and water conservation district or its cosponsors of the project have obtained a minimum of seventy-five percent of the necessary lands, easements, and rights-of-way in the project, or portion of a project (subwatershed) for which funds are requested prior to the use of funds for this purpose;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":246810,"text":"The district and its cosponsors, if any, have submitted a plat to the Board showing the lands, easements and rights-of-way previously acquired, as well as the remaining lands, easements and rights-of-way necessary to the project but not acquired. In addition, the Board may require any other information which it deems necessary. The district and cosponsors shall certify to the Board that funds are unobtainable from any other source to acquire the remaining land, easements, and rights-of-way necessary to the project, in whole or in part;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":246811,"text":"The funds to be used for lands, easements, and rights-of-way shall be granted to the district or cosponsor of the project in whose name the land, easement, or right-of-way shall be recorded.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":246812,"text":"No later than ten years from the purchase of lands and rights-of-way with the funds provided by this section for soil and water conservation and flood control needs, or upon the completion of the watershed project, or a portion of the project (subwatershed) and upon written demand of the owners, their heirs or assigns from whom such land and rights-of-way were acquired, such property shall be reconveyed by the district or cosponsor to the former owners, their heirs or assigns, upon repayment of the original purchase price, without interest, unless such lands and rights-of-way are granted or retained for public purposes as hereinafter provided. After ten years, and no later than twelve years after the purchase date of lands and rights-of-way with the funds provided by this section, unless such lands and rights-of-way are granted or retained for public purposes or reconveyed as provided above, it shall be the duty of the district or cosponsor, to sell the property purchased wholly or partially from the funds provided by this section. The Board shall specify the terms for any such sale. Upon the sale or reconveyance of such property, the district or cosponsor shall remit to the Board a pro rata share of the proceeds of such sale or repayment pursuant to a reconveyance, equal to the percentage of the total cost of the acquisition of such property from any allocation of funds made hereunder and all such remittances shall be deposited to the revolving fund. The district or cosponsor of the project in whose name the acquisition of the land or rights-of-way to be sold is recorded shall retain any easement or right-of-way to assure the continued operation, maintenance, inspection, and repair of the works of improvement constructed on the land to be sold. The district and cosponsor of a project, with the approval of the Board, may grant for public purposes fee title to lands and rights-of-way acquired under the provisions of this section to any political subdivision, including a cosponsor, an agency of the state or federal government, or a regional park authority.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4"}},"ancestry":[{"id":12895,"edition_id":1,"name":"Conservation, Small Watersheds Flood Control and Area Development Fund","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":12894,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":144661,"object_type":"structure","relational_id":12895,"identifier":"4","token":"10.1\/I\/6\/4","url":"\/10.1\/I\/6\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12894,"edition_id":1,"name":"Flood Protection and Dam Safety","identifier":"6","label":"chapter","depth":3,"order_by":1,"parent_id":12893,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":144271,"object_type":"structure","relational_id":12894,"identifier":"6","token":"10.1\/I\/6","url":"\/10.1\/I\/6\/","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":63458,"structure_id":12895,"section_number":"10.1-636","catch_line":"Definitions","url":"\/10.1-636\/","token":"10.1\/I\/6\/4\/10.1-636","metadata":false},{"id":73661,"structure_id":12895,"section_number":"10.1-637","catch_line":"Fund continued; administrative control","url":"\/10.1-637\/","token":"10.1\/I\/6\/4\/10.1-637","metadata":false},{"id":73761,"structure_id":12895,"section_number":"10.1-638","catch_line":"Purposes for which fund to be used","url":"\/10.1-638\/","token":"10.1\/I\/6\/4\/10.1-638","metadata":false},{"id":59350,"structure_id":12895,"section_number":"10.1-639","catch_line":"Conditions for making loan","url":"\/10.1-639\/","token":"10.1\/I\/6\/4\/10.1-639","metadata":false},{"id":66639,"structure_id":12895,"section_number":"10.1-640","catch_line":"Political subdivisions may borrow from other sources","url":"\/10.1-640\/","token":"10.1\/I\/6\/4\/10.1-640","metadata":false},{"id":77397,"structure_id":12895,"section_number":"10.1-641","catch_line":"Powers of Board in aid of the provisions of \u00a7 10.1-638","url":"\/10.1-641\/","token":"10.1\/I\/6\/4\/10.1-641","metadata":false},{"id":63225,"structure_id":12895,"section_number":"10.1-642","catch_line":"Record of applications for loans and action taken","url":"\/10.1-642\/","token":"10.1\/I\/6\/4\/10.1-642","metadata":false},{"id":85162,"structure_id":12895,"section_number":"10.1-643","catch_line":"Period of loan; interest rate; loan shall constitute a lien","url":"\/10.1-643\/","token":"10.1\/I\/6\/4\/10.1-643","metadata":false},{"id":79238,"structure_id":12895,"section_number":"10.1-644","catch_line":"Recovery of money due to fund","url":"\/10.1-644\/","token":"10.1\/I\/6\/4\/10.1-644","metadata":false},{"id":70082,"structure_id":12895,"section_number":"10.1-645","catch_line":"Limits on expenditures authorized under \u00a7 10.1-638 B; sale of resulting facilities; sale of stored water; renting facilities","url":"\/10.1-645\/","token":"10.1\/I\/6\/4\/10.1-645","metadata":false},{"id":85645,"structure_id":12895,"section_number":"10.1-646","catch_line":"Purchase price and terms of sales authorized by \u00a7 10.1-645","url":"\/10.1-646\/","token":"10.1\/I\/6\/4\/10.1-646","metadata":false},{"id":54015,"structure_id":12895,"section_number":"10.1-647","catch_line":"Disposition of facilities financed under article when part of debt remains outstanding","url":"\/10.1-647\/","token":"10.1\/I\/6\/4\/10.1-647","metadata":false},{"id":68188,"structure_id":12895,"section_number":"10.1-648","catch_line":"Acquisition of lands, easements, and rights-of-way","url":"\/10.1-648\/","token":"10.1\/I\/6\/4\/10.1-648","metadata":false},{"id":86478,"structure_id":12895,"section_number":"10.1-649","catch_line":"Sale to Board of property and rights-of-way acquired by condemnation","url":"\/10.1-649\/","token":"10.1\/I\/6\/4\/10.1-649","metadata":false}],"previous_section":{"id":54015,"structure_id":12895,"section_number":"10.1-647","catch_line":"Disposition of facilities financed under article when part of debt remains outstanding","url":"\/10.1-647\/","token":"10.1\/I\/6\/4\/10.1-647","metadata":false},"next_section":{"id":86478,"structure_id":12895,"section_number":"10.1-649","catch_line":"Sale to Board of property and rights-of-way acquired by condemnation","url":"\/10.1-649\/","token":"10.1\/I\/6\/4\/10.1-649","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-648\/","history_text":"

This law was first created in 1970. The record of its establishment is cataloged in chapter 591 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 1970 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 1988, chapter 891.<\/p>","references":false,"refers_to":[{"id":73761,"section_number":"10.1-638","catch_line":"Purposes for which fund to be used","order_by":null,"url":"\/10.1-638\/"}],"permalink":{"id":144711,"object_type":"law","relational_id":68188,"identifier":"10.1-648","token":"10.1\/I\/6\/4\/10.1-648","url":"\/10.1-648\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-648\/","token":"10.1\/I\/6\/4\/10.1-648","dublin_core":{"Title":"Acquisition of lands, easements, and rights-of-way","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-648","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Board<\/span>, in addition to the provisions of \u00a7 10.1-638<\/a>, may use funds<\/span> from the revolving fund<\/span> to pay the cost of the purchase of needed lands, easements, and rights-of-way, or to share the costs thereof with soil and water conservation districts for soil and water conservation and flood control needs when the following conditions have been met: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The program of work for the project has been found by the Board<\/span> to be feasible, practicable and will promote the health, safety, and general welfare of the people of the Commonwealth; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The soil and water conservation district or its cosponsors of the project have obtained a minimum of seventy-five percent of the necessary lands, easements, and rights-of-way in the project, or portion of a project (subwatershed) for which funds<\/span> are requested prior to the use of funds<\/span> for this purpose; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The district and its cosponsors, if any, have submitted a plat to the Board<\/span> showing the lands, easements and rights-of-way previously acquired, as well as the remaining lands, easements and rights-of-way necessary to the project but not acquired. In addition, the Board<\/span> may require any other information which it deems necessary. The district and cosponsors shall certify to the Board<\/span> that funds<\/span> are unobtainable from any other source to acquire the remaining land, easements, and rights-of-way necessary to the project, in whole or in part; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The funds<\/span> to be used for lands, easements, and rights-of-way shall be granted to the district or cosponsor of the project in whose name the land, easement, or right-of-way shall be recorded. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No later than ten years from the purchase of lands and rights-of-way with the funds<\/span> provided by this section for soil and water conservation and flood control needs, or upon the completion of the watershed project, or a portion of the project (subwatershed) and upon written demand of the owners, their heirs or assigns from whom such land and rights-of-way were acquired, such property shall be reconveyed by the district or cosponsor to the former owners, their heirs or assigns, upon repayment of the original purchase price, without interest, unless such lands and rights-of-way are granted or retained for public purposes as hereinafter provided. After ten years, and no later than twelve years after the purchase date of lands and rights-of-way with the funds<\/span> provided by this section, unless such lands and rights-of-way are granted or retained for public purposes or reconveyed as provided above, it shall be the duty of the district or cosponsor, to sell the property purchased wholly or partially from the funds<\/span> provided by this section. The Board<\/span> shall specify the terms for any such sale. Upon the sale or reconveyance of such property, the district or cosponsor shall remit to the Board<\/span> a pro rata share of the proceeds of such sale or repayment pursuant to a reconveyance, equal to the percentage of the total cost of the acquisition of such property from any allocation of funds<\/span> made hereunder and all such remittances shall be deposited to the revolving fund<\/span>. The district or cosponsor of the project in whose name the acquisition of the land or rights-of-way to be sold is recorded shall retain any easement or right-of-way to assure the continued operation, maintenance, inspection, and repair of the works of improvement constructed on the land to be sold. The district and cosponsor of a project, with the approval of the Board<\/span>, may grant for public purposes fee title to lands and rights-of-way acquired under the provisions of this section to any political subdivision, including a cosponsor, an agency of the state or federal government, or a regional park authority. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nACQUISITION OF LANDS, EASEMENTS, AND RIGHTS-OF-WAY (\u00a7 10.1-648)\n\nA. The Board, in addition to the provisions of \u00a7 10.1-638, may use funds from\nthe revolving fund to pay the cost of the purchase of needed lands, easements,\nand rights-of-way, or to share the costs thereof with soil and water\nconservation districts for soil and water conservation and flood control needs\nwhen the following conditions have been met:\n\n 1. The program of work for the project has been found by the Board to be\n feasible, practicable and will promote the health, safety, and general welfare\n of the people of the Commonwealth;\n\n 2. The soil and water conservation district or its cosponsors of the project\n have obtained a minimum of seventy-five percent of the necessary lands,\n easements, and rights-of-way in the project, or portion of a project\n (subwatershed) for which funds are requested prior to the use of funds for\n this purpose;\n\n 3. The district and its cosponsors, if any, have submitted a plat to the Board\n showing the lands, easements and rights-of-way previously acquired, as well as\n the remaining lands, easements and rights-of-way necessary to the project but\n not acquired. In addition, the Board may require any other information which\n it deems necessary. The district and cosponsors shall certify to the Board\n that funds are unobtainable from any other source to acquire the remaining\n land, easements, and rights-of-way necessary to the project, in whole or in\n part;\n\n 4. The funds to be used for lands, easements, and rights-of-way shall be\n granted to the district or cosponsor of the project in whose name the land,\n easement, or right-of-way shall be recorded.\n\nB. No later than ten years from the purchase of lands and rights-of-way with the\nfunds provided by this section for soil and water conservation and flood control\nneeds, or upon the completion of the watershed project, or a portion of the\nproject (subwatershed) and upon written demand of the owners, their heirs or\nassigns from whom such land and rights-of-way were acquired, such property shall\nbe reconveyed by the district or cosponsor to the former owners, their heirs or\nassigns, upon repayment of the original purchase price, without interest, unless\nsuch lands and rights-of-way are granted or retained for public purposes as\nhereinafter provided. After ten years, and no later than twelve years after the\npurchase date of lands and rights-of-way with the funds provided by this\nsection, unless such lands and rights-of-way are granted or retained for public\npurposes or reconveyed as provided above, it shall be the duty of the district\nor cosponsor, to sell the property purchased wholly or partially from the funds\nprovided by this section. The Board shall specify the terms for any such sale.\nUpon the sale or reconveyance of such property, the district or cosponsor shall\nremit to the Board a pro rata share of the proceeds of such sale or repayment\npursuant to a reconveyance, equal to the percentage of the total cost of the\nacquisition of such property from any allocation of funds made hereunder and all\nsuch remittances shall be deposited to the revolving fund. The district or\ncosponsor of the project in whose name the acquisition of the land or\nrights-of-way to be sold is recorded shall retain any easement or right-of-way\nto assure the continued operation, maintenance, inspection, and repair of the\nworks of improvement constructed on the land to be sold. The district and\ncosponsor of a project, with the approval of the Board, may grant for public\npurposes fee title to lands and rights-of-way acquired under the provisions of\nthis section to any political subdivision, including a cosponsor, an agency of\nthe state or federal government, or a regional park authority.\n\nHISTORY: 1970, c. 591, \u00a7 21-11.14; 1988, c. 891.","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}}