{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-1149.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-1149.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-1149.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-1149.html"}],"law_id":75383,"edition_id":1,"section_id":75383,"structure_id":13187,"section_number":"2.2-1149","catch_line":"Department to review proposed acquisitions of real property; approval by the Governor; exceptions","history":"1984, c. 641, \u00a7 2.1-504.2; 1994, c. 474; 2000, c. 748; 2001, c. 844; 2005, cc. 933, 945; 2011, c. 525; 2016, c. 425; 2017, c. 348.","full_text":"Notwithstanding any provision of law to the contrary, no state department, agency or institution shall acquire real property by gift, lease, purchase or any other means or use or occupy real property without following the guidelines adopted by the Department and obtaining the prior approval of the Governor. The Department shall review every proposed acquisition of real property by gift, lease, purchase or any other means and every proposed use or occupancy of real property by any department, agency or institution of the Commonwealth and recommend either approval or disapproval of the transactions to the Governor based on cost, demonstrated need, and compliance with the Department’s guidelines.\n\t\tThe provisions of this section shall not apply to the:\n\n1\n\nAcquisition of real property for open space preservations pursuant to the purposes of § 10.1-1800 and subdivision A 4 of § 10.1-2204, if it does not require as a condition of acceptance, an appropriation of any state funds for the continued maintenance of such property;2\n\nAcquisition of easements pursuant to the purposes of §§ 10.1-1020 and 10.1-1021 or §§ 10.1-1700, 10.1-1702, and 10.1-1702;3\n\nAcquisition through the temporary lease or donation of real property for a period of six months or less duration;4\n\nAcquisition of easements by public institutions of higher education provided that the particular institution meets the conditions prescribed in subsection A of § 23.1-1002;5\n\nEntering into an operating\/income lease or a capital lease by a public institution of higher education, for real property to be used for academic purposes, or for real property owned by the institution or a foundation related to the institution to be used for non-academic purposes, in accordance with the institution’s land use plan pursuant to § 2.2-1153 provided that (i) the capital lease does not constitute tax-supported debt of the Commonwealth, (ii) the institution meets the conditions prescribed in subsection A of § 23.1-1002, and (iii) for purposes of entering into a capital lease, the institution shall have in effect a signed memorandum of understanding with the Secretary of Administration regarding participation in the nongeneral fund decentralization program as set forth in the appropriation act. For the purposes of this subdivision, an operating\/income lease or a capital lease shall be determined using generally accepted accounting principles;6\n\nAcquisition of real property for the construction, improvement or maintenance of highways and transportation facilities and purposes incidental thereto by the Department of Transportation; however, acquisitions of real property by the Department of Transportation for office space, district offices, residencies, area headquarters, or correctional facilities shall be subject to the Department’s review and the Governor’s approval;7\n\nAcquisition of real estate or rights-of-way for the construction, improvement, or maintenance of railway lines or rail or public transportation facilities or the retention of rail corridors for public purposes associated with the efforts of the Department of Rail and Public Transportation; however, acquisitions of real estate or rights-of-way by the Department of Rail and Public Transportation for office space or district offices shall be subject to review by the Department and the approval of the Governor; or8\n\nAcquisition of real property to be held in trust for the benefit of a state-recognized Indian tribe, provided that such property is (i) annexed into the existing reservation of such tribe and (ii) located within a one-mile radius of the boundary of such reservation. However, these acquisitions of real estate shall be subject to the review of the Office of the Attorney General and the approval by the Governor.","order_by":null,"text":{"0":{"id":270558,"text":"Notwithstanding any provision of law to the contrary, no state department, agency or institution shall acquire real property by gift, lease, purchase or any other means or use or occupy real property without following the guidelines adopted by the Department and obtaining the prior approval of the Governor. The Department shall review every proposed acquisition of real property by gift, lease, purchase or any other means and every proposed use or occupancy of real property by any department, agency or institution of the Commonwealth and recommend either approval or disapproval of the transactions to the Governor based on cost, demonstrated need, and compliance with the Department’s guidelines.\n\t\tThe provisions of this section shall not apply to the:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":270559,"text":"Acquisition of real property for open space preservations pursuant to the purposes of § 10.1-1800 and subdivision A 4 of § 10.1-2204, if it does not require as a condition of acceptance, an appropriation of any state funds for the continued maintenance of such property;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":270560,"text":"Acquisition of easements pursuant to the purposes of §§ 10.1-1020 and 10.1-1021 or §§ 10.1-1700, 10.1-1702, and 10.1-1702;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":270561,"text":"Acquisition through the temporary lease or donation of real property for a period of six months or less duration;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":270562,"text":"Acquisition of easements by public institutions of higher education provided that the particular institution meets the conditions prescribed in subsection A of § 23.1-1002;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":270563,"text":"Entering into an operating\/income lease or a capital lease by a public institution of higher education, for real property to be used for academic purposes, or for real property owned by the institution or a foundation related to the institution to be used for non-academic purposes, in accordance with the institution’s land use plan pursuant to § 2.2-1153 provided that (i) the capital lease does not constitute tax-supported debt of the Commonwealth, (ii) the institution meets the conditions prescribed in subsection A of § 23.1-1002, and (iii) for purposes of entering into a capital lease, the institution shall have in effect a signed memorandum of understanding with the Secretary of Administration regarding participation in the nongeneral fund decentralization program as set forth in the appropriation act. For the purposes of this subdivision, an operating\/income lease or a capital lease shall be determined using generally accepted accounting principles;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":270564,"text":"Acquisition of real property for the construction, improvement or maintenance of highways and transportation facilities and purposes incidental thereto by the Department of Transportation; however, acquisitions of real property by the Department of Transportation for office space, district offices, residencies, area headquarters, or correctional facilities shall be subject to the Department’s review and the Governor’s approval;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":270565,"text":"Acquisition of real estate or rights-of-way for the construction, improvement, or maintenance of railway lines or rail or public transportation facilities or the retention of rail corridors for public purposes associated with the efforts of the Department of Rail and Public Transportation; however, acquisitions of real estate or rights-of-way by the Department of Rail and Public Transportation for office space or district offices shall be subject to review by the Department and the approval of the Governor; or","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":270566,"text":"Acquisition of real property to be held in trust for the benefit of a state-recognized Indian tribe, provided that such property is (i) annexed into the existing reservation of such tribe and (ii) located within a one-mile radius of the boundary of such reservation. However, these acquisitions of real estate shall be subject to the review of the Office of the Attorney General and the approval by the Governor.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7"}},"ancestry":[{"id":13187,"edition_id":1,"name":"Division Of Engineering And Buildings","identifier":"4","label":"article","depth":5,"order_by":1,"parent_id":13186,"metadata":{},"date_created":"2026-06-26 03:44:25","date_modified":"2026-06-26 03:44:25","permalink":{"id":172585,"object_type":"structure","relational_id":13187,"identifier":"4","token":"2.2\/I\/C\/11\/4","url":"\/2.2\/I\/C\/11\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13186,"edition_id":1,"name":"Department of General Services","identifier":"11","label":"chapter","depth":4,"order_by":1,"parent_id":13092,"metadata":{},"date_created":"2026-06-26 03:44:25","date_modified":"2026-06-26 03:44:25","permalink":{"id":172461,"object_type":"structure","relational_id":13186,"identifier":"11","token":"2.2\/I\/C\/11","url":"\/2.2\/I\/C\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13092,"edition_id":1,"name":"State Agencies Related to the General Operation of Government","identifier":"C","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:44:16","date_modified":"2026-06-26 03:44:16","permalink":{"id":172453,"object_type":"structure","relational_id":13092,"identifier":"C","token":"2.2\/I\/C","url":"\/2.2\/I\/C\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","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":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60538,"structure_id":13187,"section_number":"2.2-1129","catch_line":"Division of Engineering and Buildings","url":"\/2.2-1129\/","token":"2.2\/I\/C\/11\/4\/2.2-1129","metadata":false},{"id":70867,"structure_id":13187,"section_number":"2.2-1130","catch_line":"Repealed","url":"\/2.2-1130\/","token":"2.2\/I\/C\/11\/4\/2.2-1130","metadata":false},{"id":78119,"structure_id":13187,"section_number":"2.2-1131","catch_line":"Maintenance and utilization standards","url":"\/2.2-1131\/","token":"2.2\/I\/C\/11\/4\/2.2-1131","metadata":false},{"id":74399,"structure_id":13187,"section_number":"2.2-1131.1","catch_line":"Establishment of performance standards for the use of property","url":"\/2.2-1131.1\/","token":"2.2\/I\/C\/11\/4\/2.2-1131.1","metadata":false},{"id":74281,"structure_id":13187,"section_number":"2.2-1132","catch_line":"Administration of capital outlay construction; exception for certain educational institutions","url":"\/2.2-1132\/","token":"2.2\/I\/C\/11\/4\/2.2-1132","metadata":false},{"id":83823,"structure_id":13187,"section_number":"2.2-1133","catch_line":"Use of value engineering","url":"\/2.2-1133\/","token":"2.2\/I\/C\/11\/4\/2.2-1133","metadata":false},{"id":68029,"structure_id":13187,"section_number":"2.2-1134","catch_line":"Repealed","url":"\/2.2-1134\/","token":"2.2\/I\/C\/11\/4\/2.2-1134","metadata":false},{"id":73421,"structure_id":13187,"section_number":"2.2-1135","catch_line":"Information on equipment utilizing wood wastes","url":"\/2.2-1135\/","token":"2.2\/I\/C\/11\/4\/2.2-1135","metadata":false},{"id":55806,"structure_id":13187,"section_number":"2.2-1136","catch_line":"Review of easements; maintenance of records; notification when lease or other agreement for branch office to terminate; report","url":"\/2.2-1136\/","token":"2.2\/I\/C\/11\/4\/2.2-1136","metadata":false},{"id":69292,"structure_id":13187,"section_number":"2.2-1137","catch_line":"Location, construction or lease of state consolidated office buildings","url":"\/2.2-1137\/","token":"2.2\/I\/C\/11\/4\/2.2-1137","metadata":false},{"id":69666,"structure_id":13187,"section_number":"2.2-1138","catch_line":"Planning and construction by Division; exemption","url":"\/2.2-1138\/","token":"2.2\/I\/C\/11\/4\/2.2-1138","metadata":false},{"id":74905,"structure_id":13187,"section_number":"2.2-1139","catch_line":"Transfer of funds; acceptance of donations","url":"\/2.2-1139\/","token":"2.2\/I\/C\/11\/4\/2.2-1139","metadata":false},{"id":58982,"structure_id":13187,"section_number":"2.2-1140","catch_line":"Assignment of office space","url":"\/2.2-1140\/","token":"2.2\/I\/C\/11\/4\/2.2-1140","metadata":false},{"id":55383,"structure_id":13187,"section_number":"2.2-1141","catch_line":"Purchase of furniture for state buildings; repairs to buildings and furniture; surplus furniture","url":"\/2.2-1141\/","token":"2.2\/I\/C\/11\/4\/2.2-1141","metadata":false},{"id":79272,"structure_id":13187,"section_number":"2.2-1142","catch_line":"Furniture for Executive Mansion","url":"\/2.2-1142\/","token":"2.2\/I\/C\/11\/4\/2.2-1142","metadata":false},{"id":68318,"structure_id":13187,"section_number":"2.2-1143","catch_line":"Services for Capitol and other state facilities","url":"\/2.2-1143\/","token":"2.2\/I\/C\/11\/4\/2.2-1143","metadata":false},{"id":83389,"structure_id":13187,"section_number":"2.2-1144","catch_line":"Control of Capitol Square and other property at seat of government","url":"\/2.2-1144\/","token":"2.2\/I\/C\/11\/4\/2.2-1144","metadata":false},{"id":80369,"structure_id":13187,"section_number":"2.2-1145","catch_line":"Inventory of property and Governor's house; custody of house and property pending election of Governor","url":"\/2.2-1145\/","token":"2.2\/I\/C\/11\/4\/2.2-1145","metadata":false},{"id":69630,"structure_id":13187,"section_number":"2.2-1146","catch_line":"Department may lease certain state property; approval of leases by Attorney General; disposition of rentals","url":"\/2.2-1146\/","token":"2.2\/I\/C\/11\/4\/2.2-1146","metadata":false},{"id":68138,"structure_id":13187,"section_number":"2.2-1147","catch_line":"Definitions","url":"\/2.2-1147\/","token":"2.2\/I\/C\/11\/4\/2.2-1147","metadata":false},{"id":83183,"structure_id":13187,"section_number":"2.2-1147.1","catch_line":"Right to breast-feed","url":"\/2.2-1147.1\/","token":"2.2\/I\/C\/11\/4\/2.2-1147.1","metadata":false},{"id":84623,"structure_id":13187,"section_number":"2.2-1147.2","catch_line":"Equal access to state-owned or controlled property; Boy Scouts of America and Girl Scouts of the USA","url":"\/2.2-1147.2\/","token":"2.2\/I\/C\/11\/4\/2.2-1147.2","metadata":false},{"id":55227,"structure_id":13187,"section_number":"2.2-1147.3","catch_line":"Baby changing facilities in restrooms located in public buildings","url":"\/2.2-1147.3\/","token":"2.2\/I\/C\/11\/4\/2.2-1147.3","metadata":false},{"id":62145,"structure_id":13187,"section_number":"2.2-1148","catch_line":"Approval of actions; conveyances in name of the Commonwealth","url":"\/2.2-1148\/","token":"2.2\/I\/C\/11\/4\/2.2-1148","metadata":false},{"id":75383,"structure_id":13187,"section_number":"2.2-1149","catch_line":"Department to review proposed acquisitions of real property; approval by the Governor; exceptions","url":"\/2.2-1149\/","token":"2.2\/I\/C\/11\/4\/2.2-1149","metadata":false},{"id":86857,"structure_id":13187,"section_number":"2.2-1150","catch_line":"Conveyance and transfers of real property by state agencies; approval of Governor and Attorney General; notice to members of General Assembly","url":"\/2.2-1150\/","token":"2.2\/I\/C\/11\/4\/2.2-1150","metadata":false},{"id":72440,"structure_id":13187,"section_number":"2.2-1150.1","catch_line":"Lease or conveyance of any interest in State Police communication tower","url":"\/2.2-1150.1\/","token":"2.2\/I\/C\/11\/4\/2.2-1150.1","metadata":false},{"id":55008,"structure_id":13187,"section_number":"2.2-1150.2","catch_line":"Use of communication towers for deployment of wireless broadband services in unserved areas of the Commonwealth","url":"\/2.2-1150.2\/","token":"2.2\/I\/C\/11\/4\/2.2-1150.2","metadata":false},{"id":67988,"structure_id":13187,"section_number":"2.2-1150.3","catch_line":"Lease of state military reservation property","url":"\/2.2-1150.3\/","token":"2.2\/I\/C\/11\/4\/2.2-1150.3","metadata":false},{"id":84461,"structure_id":13187,"section_number":"2.2-1151","catch_line":"Conveyance of easements and appurtenances thereto to cable television companies, utility companies, public service companies, political subdivisions by state departments, agencies or institutions; communication towers; telecommunications companies","url":"\/2.2-1151\/","token":"2.2\/I\/C\/11\/4\/2.2-1151","metadata":false},{"id":61910,"structure_id":13187,"section_number":"2.2-1151.1","catch_line":"Conveyances of right-of-way usage to certain nonpublic service companies by the Department of Transportation","url":"\/2.2-1151.1\/","token":"2.2\/I\/C\/11\/4\/2.2-1151.1","metadata":false},{"id":78788,"structure_id":13187,"section_number":"2.2-1152","catch_line":"Conveyances to Department of Transportation by state institutions or public corporations owned by Commonwealth","url":"\/2.2-1152\/","token":"2.2\/I\/C\/11\/4\/2.2-1152","metadata":false},{"id":58899,"structure_id":13187,"section_number":"2.2-1153","catch_line":"State agencies and institutions to notify Department of property not used or required; criteria","url":"\/2.2-1153\/","token":"2.2\/I\/C\/11\/4\/2.2-1153","metadata":false},{"id":63729,"structure_id":13187,"section_number":"2.2-1154","catch_line":"State departments, agencies, and institutions to inquire of Department before acquiring land for capital improvements","url":"\/2.2-1154\/","token":"2.2\/I\/C\/11\/4\/2.2-1154","metadata":false},{"id":63598,"structure_id":13187,"section_number":"2.2-1155","catch_line":"Temporary transfer of use of property between state departments, agencies, and institutions; lease to private entities","url":"\/2.2-1155\/","token":"2.2\/I\/C\/11\/4\/2.2-1155","metadata":false},{"id":60488,"structure_id":13187,"section_number":"2.2-1156","catch_line":"Sale or lease of surplus property and excess building space","url":"\/2.2-1156\/","token":"2.2\/I\/C\/11\/4\/2.2-1156","metadata":false},{"id":58405,"structure_id":13187,"section_number":"2.2-1157","catch_line":" Exploration for and extraction of minerals on state-owned uplands","url":"\/2.2-1157\/","token":"2.2\/I\/C\/11\/4\/2.2-1157","metadata":false},{"id":74414,"structure_id":13187,"section_number":"2.2-1158","catch_line":"Management, harvesting and sale of timber on lands under control of Division","url":"\/2.2-1158\/","token":"2.2\/I\/C\/11\/4\/2.2-1158","metadata":false},{"id":54202,"structure_id":13187,"section_number":"2.2-1159","catch_line":"Facilities for persons with physical disabilities in certain buildings; definitions; construction standards; waiver; temporary buildings","url":"\/2.2-1159\/","token":"2.2\/I\/C\/11\/4\/2.2-1159","metadata":false},{"id":79200,"structure_id":13187,"section_number":"2.2-1160","catch_line":"Facilities for persons with physical disabilities; what buildings to be constructed in accordance with standards","url":"\/2.2-1160\/","token":"2.2\/I\/C\/11\/4\/2.2-1160","metadata":false},{"id":76476,"structure_id":13187,"section_number":"2.2-1161","catch_line":"Buildings not in conformance with standards for persons with physical disabilities","url":"\/2.2-1161\/","token":"2.2\/I\/C\/11\/4\/2.2-1161","metadata":false},{"id":81556,"structure_id":13187,"section_number":"2.2-1161.1","catch_line":"Code Adam alerts in public buildings","url":"\/2.2-1161.1\/","token":"2.2\/I\/C\/11\/4\/2.2-1161.1","metadata":false}],"previous_section":{"id":62145,"structure_id":13187,"section_number":"2.2-1148","catch_line":"Approval of actions; conveyances in name of the Commonwealth","url":"\/2.2-1148\/","token":"2.2\/I\/C\/11\/4\/2.2-1148","metadata":false},"next_section":{"id":86857,"structure_id":13187,"section_number":"2.2-1150","catch_line":"Conveyance and transfers of real property by state agencies; approval of Governor and Attorney General; notice to members of General Assembly","url":"\/2.2-1150\/","token":"2.2\/I\/C\/11\/4\/2.2-1150","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-1149\/","history_text":"

This law was first created in 1984. The record of its establishment is cataloged in chapter 641 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 1984 \u201cActs\u201d aren\u2019t available online. It has been modified 7 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 1994, chapter 474<\/a>; in 2000, chapter 748<\/a>; in 2001, chapter 844<\/a>; in 2005, chapters 933<\/a> and 945<\/a>; in 2011, chapter 525<\/a>; in 2016, chapter 425<\/a>; in 2017, chapter 348<\/a>.<\/p>","references":[{"id":69753,"section_number":"1-405","catch_line":"Reversion to Commonwealth; recorded title prerequisite to vesting jurisdiction","order_by":null,"url":"\/1-405\/"},{"id":85158,"section_number":"10.1-1107","catch_line":"Purchase of lands and acceptance of gifts for forestry purposes by the State Forester; management; definition of state forests","order_by":null,"url":"\/10.1-1107\/"},{"id":62145,"section_number":"2.2-1148","catch_line":"Approval of actions; conveyances in name of the Commonwealth","order_by":null,"url":"\/2.2-1148\/"},{"id":68835,"section_number":"2.2-2215","catch_line":"Powers not restrictive; exemptions from Public Procurement Act and the Virginia Personnel Act","order_by":null,"url":"\/2.2-2215\/"},{"id":73377,"section_number":"2.2-2761","catch_line":"Virginia Business Ready Sites Acquisition Program","order_by":null,"url":"\/2.2-2761\/"},{"id":71857,"section_number":"2.2-2764","catch_line":"Review by MEI Commission","order_by":null,"url":"\/2.2-2764\/"},{"id":83095,"section_number":"2.2-307","catch_line":"Definitions","order_by":null,"url":"\/2.2-307\/"},{"id":66511,"section_number":"23.1-1002","catch_line":"Eligibility for restructured financial and administrative operational authority and financial benefits","order_by":null,"url":"\/23.1-1002\/"},{"id":67105,"section_number":"23.1-2213","catch_line":"Medical center management; capital projects; leases of property; procurement","order_by":null,"url":"\/23.1-2213\/"},{"id":82926,"section_number":"23.1-2414","catch_line":"Leases of property","order_by":null,"url":"\/23.1-2414\/"},{"id":83425,"section_number":"4.1-101.08","catch_line":"Leases of property","order_by":null,"url":"\/4.1-101.08\/"},{"id":74329,"section_number":"4.1-615","catch_line":"Leases and purchases of property by the Board","order_by":null,"url":"\/4.1-615\/"},{"id":63083,"section_number":"56-575.16","catch_line":"Procurement","order_by":null,"url":"\/56-575.16\/"},{"id":64542,"section_number":"62.1-132.6","catch_line":"Powers not restrictive; exemptions from Public Procurement Act and the Virginia Personnel Act","order_by":null,"url":"\/62.1-132.6\/"}],"refers_to":[{"id":86514,"section_number":"10.1-1020","catch_line":"Virginia Land Conservation Fund; purposes of Foundation","order_by":null,"url":"\/10.1-1020\/"},{"id":87197,"section_number":"10.1-1021","catch_line":"Powers of the Foundation","order_by":null,"url":"\/10.1-1021\/"},{"id":59427,"section_number":"10.1-1700","catch_line":"Definitions","order_by":null,"url":"\/10.1-1700\/"},{"id":86738,"section_number":"10.1-1702","catch_line":"Further powers of public bodies","order_by":null,"url":"\/10.1-1702\/"},{"id":85701,"section_number":"10.1-1800","catch_line":"Establishment and administration of Foundation; appointment, terms, chairman, quorum, etc., of board of trustees","order_by":null,"url":"\/10.1-1800\/"},{"id":66859,"section_number":"10.1-2204","catch_line":"Duties of Board of Historic Resources","order_by":null,"url":"\/10.1-2204\/"},{"id":58899,"section_number":"2.2-1153","catch_line":"State agencies and institutions to notify Department of property not used or required; criteria","order_by":null,"url":"\/2.2-1153\/"},{"id":66511,"section_number":"23.1-1002","catch_line":"Eligibility for restructured financial and administrative operational authority and financial benefits","order_by":null,"url":"\/23.1-1002\/"}],"permalink":{"id":172683,"object_type":"law","relational_id":75383,"identifier":"2.2-1149","token":"2.2\/I\/C\/11\/4\/2.2-1149","url":"\/2.2-1149\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-1149\/","token":"2.2\/I\/C\/11\/4\/2.2-1149","dublin_core":{"Title":"Department to review proposed acquisitions of real property; approval by the Governor; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-1149","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Notwithstanding any provision of law<\/span> to the contrary, no state department, agency or institution shall acquire real property by gift, lease, purchase or any other means or use or occupy real property without following the guidelines adopted by the Department and obtaining the prior approval of the Governor. The Department shall review every proposed acquisition of real property by gift, lease, purchase or any other means and every proposed use or occupancy of real property by any department, agency or institution of the Commonwealth and recommend either approval or disapproval of the transactions to the Governor based on cost, demonstrated need, and compliance with the Department’s guidelines.\n\t\tThe provisions of this section shall not apply to the:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Acquisition of real property for open space preservations pursuant to the purposes of § 10.1-1800<\/a> and subdivision A 4 of § 10.1-2204<\/a>, if it does not require as a condition of acceptance, an appropriation of any state funds for the continued maintenance of such property; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Acquisition of easements pursuant to the purposes of §§ 10.1-1020<\/a> and 10.1-1021<\/a> or §§ 10.1-1700<\/a>, 10.1-1702<\/a>, and 10.1-1702<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Acquisition through the temporary lease or donation of real property for a period of six months or less duration; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Acquisition of easements by public institutions of higher education provided that the particular institution meets the conditions prescribed in subsection A of § 23.1-1002<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Entering into an operating\/income lease or a capital lease by a public institution of higher education, for real property to be used for academic purposes, or for real property owned by the institution or a foundation related to the institution to be used for non-academic purposes, in accordance with the institution’s land use plan pursuant to § 2.2-1153<\/a> provided that (i) the capital lease does not constitute tax-supported debt of the Commonwealth, (ii) the institution meets the conditions prescribed in subsection A of § 23.1-1002<\/a>, and (iii) for purposes of entering into a capital lease, the institution shall have in effect a signed memorandum<\/span> of understanding with the Secretary of Administration regarding participation in the nongeneral fund decentralization program as set forth in the appropriation act. For the purposes of this subdivision, an operating\/income lease or a capital lease shall be determined using generally accepted accounting principles; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Acquisition of real property for the construction, improvement or maintenance of highways and transportation facilities and purposes incidental thereto by the Department of Transportation; however, acquisitions of real property by the Department of Transportation for office space, district offices, residencies, area headquarters, or correctional facilities shall be subject to the Department’s review and the Governor’s approval; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Acquisition of real estate or rights-of-way for the construction, improvement, or maintenance of railway lines or rail or public transportation facilities or the retention of rail corridors for public purposes associated with the efforts of the Department of Rail and Public Transportation; however, acquisitions of real estate or rights-of-way by the Department of Rail and Public Transportation for office space or district offices shall be subject to review by the Department and the approval of the Governor; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Acquisition of real property to be held in trust for the benefit of a state-recognized Indian tribe, provided that such property is (i) annexed into the existing reservation of such tribe and (ii) located within a one-mile radius of the boundary of such reservation. However, these acquisitions of real estate shall be subject to the review of the Office of the Attorney General<\/span> and the approval by the Governor. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEPARTMENT TO REVIEW PROPOSED ACQUISITIONS OF REAL PROPERTY; APPROVAL BY THE\nGOVERNOR; EXCEPTIONS (\u00a7 2.2-1149)\n\nNotwithstanding any provision of law to the contrary, no state department,\nagency or institution shall acquire real property by gift, lease, purchase or\nany other means or use or occupy real property without following the guidelines\nadopted by the Department and obtaining the prior approval of the Governor. The\nDepartment shall review every proposed acquisition of real property by gift,\nlease, purchase or any other means and every proposed use or occupancy of real\nproperty by any department, agency or institution of the Commonwealth and\nrecommend either approval or disapproval of the transactions to the Governor\nbased on cost, demonstrated need, and compliance with the Department’s\nguidelines.\n\t\tThe provisions of this section shall not apply to the:\n\n1. Acquisition of real property for open space preservations pursuant to the\npurposes of § 10.1-1800 and subdivision A 4 of § 10.1-2204, if it does\nnot require as a condition of acceptance, an appropriation of any state funds\nfor the continued maintenance of such property;\n\n2. Acquisition of easements pursuant to the purposes of §§ 10.1-1020\nand 10.1-1021 or §§ 10.1-1700, 10.1-1702, and 10.1-1702;\n\n3. Acquisition through the temporary lease or donation of real property for a\nperiod of six months or less duration;\n\n4. Acquisition of easements by public institutions of higher education provided\nthat the particular institution meets the conditions prescribed in subsection A\nof § 23.1-1002;\n\n5. Entering into an operating\/income lease or a capital lease by a public\ninstitution of higher education, for real property to be used for academic\npurposes, or for real property owned by the institution or a foundation related\nto the institution to be used for non-academic purposes, in accordance with the\ninstitution’s land use plan pursuant to § 2.2-1153 provided that (i)\nthe capital lease does not constitute tax-supported debt of the Commonwealth,\n(ii) the institution meets the conditions prescribed in subsection A of §\n23.1-1002, and (iii) for purposes of entering into a capital lease, the\ninstitution shall have in effect a signed memorandum of understanding with the\nSecretary of Administration regarding participation in the nongeneral fund\ndecentralization program as set forth in the appropriation act. For the purposes\nof this subdivision, an operating\/income lease or a capital lease shall be\ndetermined using generally accepted accounting principles;\n\n6. Acquisition of real property for the construction, improvement or maintenance\nof highways and transportation facilities and purposes incidental thereto by the\nDepartment of Transportation; however, acquisitions of real property by the\nDepartment of Transportation for office space, district offices, residencies,\narea headquarters, or correctional facilities shall be subject to the\nDepartment’s review and the Governor’s approval;\n\n7. Acquisition of real estate or rights-of-way for the construction,\nimprovement, or maintenance of railway lines or rail or public transportation\nfacilities or the retention of rail corridors for public purposes associated\nwith the efforts of the Department of Rail and Public Transportation; however,\nacquisitions of real estate or rights-of-way by the Department of Rail and\nPublic Transportation for office space or district offices shall be subject to\nreview by the Department and the approval of the Governor; or\n\n8. Acquisition of real property to be held in trust for the benefit of a\nstate-recognized Indian tribe, provided that such property is (i) annexed into\nthe existing reservation of such tribe and (ii) located within a one-mile radius\nof the boundary of such reservation. However, these acquisitions of real estate\nshall be subject to the review of the Office of the Attorney General and the\napproval by the Governor.\n\nHISTORY: 1984, c. 641, \u00a7 2.1-504.2; 1994, c. 474; 2000, c. 748; 2001, c. 844;\n2005, cc. 933, 945; 2011, c. 525; 2016, c. 425; 2017, c. 348.","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}}