{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-1153.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-1153.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-1153.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-1153.html"}],"law_id":58899,"edition_id":1,"section_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","history":"1968, c. 717, \u00a7 2.1-106.2; 1972, c. 763; 1977, c. 672, \u00a7 2.1-505; 1978, c. 545; 1984, c. 641; 1995, c. 774; 2001, c. 844; 2004, c. 997; 2005, cc. 933, 945; 2009, c. 612; 2011, cc. 659, 675; 2017, c. 706; 2019, cc. 659, 660.","full_text":"A\n\nWhenever any department, agency or institution of state government possesses or has under its control state-owned or leased property that is not being used to full capacity or is not required for the programs of the department, agency or institution, it shall so notify the Department. Such notification shall be in a form and manner prescribed by the Department. Each department, agency and institution shall submit to the Department a land use plan for state-owned property it possesses or has under its control showing present and planned uses of such property. Such plan shall be approved by the cognizant board or governing body of the department, agency or institution holding title to or otherwise controlling the state-owned property or the agency head in the absence of a board or governing body, with a recommendation on whether any property should be declared surplus by the department, agency or institution. Development of such land use plans shall be based on guidelines promulgated by the Department. The guidelines shall provide that each land use plan shall be updated and copies provided to the Department by September 1 of each year. The Department may exempt properties that are held and used for conservation purposes from the requirements of this section. The Department shall review the land use plans, the records and inventory required pursuant to subsections B and C of &#xA7; 2.2-1136 and such other information as may be necessary and determine whether the property or any portion thereof should be declared surplus to the needs of the Commonwealth. By October 1 of each year, the Department shall provide a report to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations setting forth the Department&#8217;s findings, the sale or marketing of properties identified pursuant to this section, and recommending any actions that may be required by the Governor and the General Assembly to identify and dispose of property not being efficiently and effectively utilized. The Department shall provide a listing of surplus properties on the Department&#8217;s website. The description of surplus property shall include parcel identification consistent with national spatial data standards in addition to a street address.\n\t\t\tUntil permanent disposition of the property determined to be surplus is effected, the property shall continue to be maintained by the department, agency or institution possessing or controlling it, unless upon the recommendation of the Department, the Governor authorizes the transfer of the property to the possession or control of the Department. In this event, the department, agency or institution formerly possessing or controlling the property shall have no further interest in it.B\n\nThe Department shall establish criteria for ascertaining whether property under the control of a department, agency or institution should be classified as &#8220;surplus&#8221; to its current or proposed needs. Such criteria shall provide that the cognizant board or governing body, if any, of the department, agency or institution holding the title to or otherwise controlling the state-owned property, or the agency head in the absence of a board or governing body, shall approve the designation of the property as surplus.C\n\nNotwithstanding the provisions of subsection A:1\n\nThe property known as College Woods, which includes Lake Matoaka and is possessed and controlled by a college founded in 1693, regardless of whether such property has been declared surplus pursuant to this section, shall not be transferred or disposed of without the approval of the board of visitors of such college by a two-thirds vote of all board members at a regularly scheduled board meeting. The General Assembly shall also approve the disposal or transfer.2\n\nSurplus real property valued at less than $5 million that is possessed and controlled by a public institution of higher education may be sold by such institution, provided that (i) at least 45 days prior to executing a contract for the sale of such property, the institution gives written notification to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations; and (ii) the Governor may postpone the sale at any time up to 10 days prior to the proposed date of sale. Such sale may be effected by public auction, sealed bids, or by marketing through one or more Virginia licensed real estate brokers after satisfying the public notice provisions of subsection D of &#xA7; 2.2-1156. The terms of all negotiations resulting in such sale shall be public information. The public institution of higher education may retain the proceeds from the sale of such property if the property was acquired by nongeneral funds. If the institution originally acquired the property through a mix of general and nongeneral funds, 50 percent of the proceeds shall be distributed to the institution and 50 percent shall be distributed to the State Park Conservation Resources Fund established under subsection A of &#xA7; 10.1-202. The authority of a public institution of higher education to sell surplus real property described under this subdivision or to retain any proceeds from the sale of such property shall be subject to the institution meeting the conditions prescribed in subsection A of &#xA7; 23.1-1002 and &#xA7; 23.1-1019 (regardless of whether or not the institution has been granted any authority under Article 4 (&#xA7; 23.1-1004 et seq.) of Chapter 10 of Title 23.1).","order_by":null,"text":{"0":{"id":215966,"text":"Whenever any department, agency or institution of state government possesses or has under its control state-owned or leased property that is not being used to full capacity or is not required for the programs of the department, agency or institution, it shall so notify the Department. Such notification shall be in a form and manner prescribed by the Department. Each department, agency and institution shall submit to the Department a land use plan for state-owned property it possesses or has under its control showing present and planned uses of such property. Such plan shall be approved by the cognizant board or governing body of the department, agency or institution holding title to or otherwise controlling the state-owned property or the agency head in the absence of a board or governing body, with a recommendation on whether any property should be declared surplus by the department, agency or institution. Development of such land use plans shall be based on guidelines promulgated by the Department. The guidelines shall provide that each land use plan shall be updated and copies provided to the Department by September 1 of each year. The Department may exempt properties that are held and used for conservation purposes from the requirements of this section. The Department shall review the land use plans, the records and inventory required pursuant to subsections B and C of &#xA7; 2.2-1136 and such other information as may be necessary and determine whether the property or any portion thereof should be declared surplus to the needs of the Commonwealth. By October 1 of each year, the Department shall provide a report to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations setting forth the Department&#8217;s findings, the sale or marketing of properties identified pursuant to this section, and recommending any actions that may be required by the Governor and the General Assembly to identify and dispose of property not being efficiently and effectively utilized. The Department shall provide a listing of surplus properties on the Department&#8217;s website. The description of surplus property shall include parcel identification consistent with national spatial data standards in addition to a street address.\n\t\t\tUntil permanent disposition of the property determined to be surplus is effected, the property shall continue to be maintained by the department, agency or institution possessing or controlling it, unless upon the recommendation of the Department, the Governor authorizes the transfer of the property to the possession or control of the Department. In this event, the department, agency or institution formerly possessing or controlling the property shall have no further interest in it.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":215967,"text":"The Department shall establish criteria for ascertaining whether property under the control of a department, agency or institution should be classified as &#8220;surplus&#8221; to its current or proposed needs. Such criteria shall provide that the cognizant board or governing body, if any, of the department, agency or institution holding the title to or otherwise controlling the state-owned property, or the agency head in the absence of a board or governing body, shall approve the designation of the property as surplus.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":215968,"text":"Notwithstanding the provisions of subsection A:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":215969,"text":"The property known as College Woods, which includes Lake Matoaka and is possessed and controlled by a college founded in 1693, regardless of whether such property has been declared surplus pursuant to this section, shall not be transferred or disposed of without the approval of the board of visitors of such college by a two-thirds vote of all board members at a regularly scheduled board meeting. The General Assembly shall also approve the disposal or transfer.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":215970,"text":"Surplus real property valued at less than $5 million that is possessed and controlled by a public institution of higher education may be sold by such institution, provided that (i) at least 45 days prior to executing a contract for the sale of such property, the institution gives written notification to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations; and (ii) the Governor may postpone the sale at any time up to 10 days prior to the proposed date of sale. Such sale may be effected by public auction, sealed bids, or by marketing through one or more Virginia licensed real estate brokers after satisfying the public notice provisions of subsection D of &#xA7; 2.2-1156. The terms of all negotiations resulting in such sale shall be public information. The public institution of higher education may retain the proceeds from the sale of such property if the property was acquired by nongeneral funds. If the institution originally acquired the property through a mix of general and nongeneral funds, 50 percent of the proceeds shall be distributed to the institution and 50 percent shall be distributed to the State Park Conservation Resources Fund established under subsection A of &#xA7; 10.1-202. The authority of a public institution of higher education to sell surplus real property described under this subdivision or to retain any proceeds from the sale of such property shall be subject to the institution meeting the conditions prescribed in subsection A of &#xA7; 23.1-1002 and &#xA7; 23.1-1019 (regardless of whether or not the institution has been granted any authority under Article 4 (&#xA7; 23.1-1004 et seq.) of Chapter 10 of Title 23.1).","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-1153\/","history_text":"<p>This law was first created in 1968. The record of its establishment is cataloged in chapter 717 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 1968 \u201cActs\u201d aren\u2019t available online. It has been modified 12 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 1972, chapter 763; in 1977, chapter 672; in 1978, chapter 545; in 1984, chapter 641; in 1995, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0774\">774<\/a>; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0844\">844<\/a>; in 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0997\">997<\/a>; in 2005, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0933\">933<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0945\">945<\/a>; in 2009, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0612\">612<\/a>; in 2011, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0659\">659<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0675\">675<\/a>; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0706\">706<\/a>; in 2019, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0659\">659<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?191+ful+CHAP0660\">660<\/a>.<\/p>","references":[{"id":55806,"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","order_by":null,"url":"\/2.2-1136\/"},{"id":75383,"section_number":"2.2-1149","catch_line":"Department to review proposed acquisitions of real property; approval by the Governor; exceptions","order_by":null,"url":"\/2.2-1149\/"},{"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":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":73063,"section_number":"23.1-1028","catch_line":"Covered institutions; duties; leases of property","order_by":null,"url":"\/23.1-1028\/"},{"id":54940,"section_number":"23.1-2808","catch_line":"Approval for transfer of College Woods","order_by":null,"url":"\/23.1-2808\/"},{"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\/"},{"id":72928,"section_number":"63.2-611","catch_line":"Case management; support services; transitional support services","order_by":null,"url":"\/63.2-611\/"}],"refers_to":[{"id":56447,"section_number":"10.1-202","catch_line":"Gifts, funds, and fees designated for state parks; establishment of funds","order_by":null,"url":"\/10.1-202\/"},{"id":55806,"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","order_by":null,"url":"\/2.2-1136\/"},{"id":60488,"section_number":"2.2-1156","catch_line":"Sale or lease of surplus property and excess building space","order_by":null,"url":"\/2.2-1156\/"},{"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":72164,"section_number":"23.1-1004","catch_line":"Management agreement; eligibility and application","order_by":null,"url":"\/23.1-1004\/"},{"id":68739,"section_number":"23.1-1019","catch_line":"Covered institutions; operational authority; property, grants, and loans","order_by":null,"url":"\/23.1-1019\/"}],"permalink":{"id":172715,"object_type":"law","relational_id":58899,"identifier":"2.2-1153","token":"2.2\/I\/C\/11\/4\/2.2-1153","url":"\/2.2-1153\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-1153\/","token":"2.2\/I\/C\/11\/4\/2.2-1153","dublin_core":{"Title":"State agencies and institutions to notify Department of property not used or required; criteria","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-1153","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Whenever any department, agency or institution of state government possesses or has under its control state-owned or leased property that is not being used to full capacity or is not required for the programs of the department, agency or institution, it shall so notify the Department. Such notification shall be in a form and manner prescribed by the Department. Each department, agency and institution shall submit to the Department a land use plan for state-owned property it possesses or has under its control showing present and planned uses of such property. Such plan shall be approved by the cognizant board or governing body of the department, agency or institution holding title to or otherwise controlling the state-owned property or the agency head in the absence of a board or governing body, with a recommendation on whether any property should be declared surplus by the department, agency or institution. Development of such land use plans shall be based on guidelines promulgated by the Department. The guidelines shall provide that each land use plan shall be updated and copies provided to the Department by September 1 of each year. The Department may exempt properties that are held and used for conservation purposes from the requirements of this section. The Department shall review the land use plans, the records and inventory required pursuant to subsections B and C of &#xA7; <a class=\"law\" title=\"Review of easements; maintenance of records; notification when lease or other agreement for branch office to terminate; report\" href=\"\/2.2-1136\/\">2.2-1136<\/a> and such other information as may be necessary and determine whether the property or any portion thereof should be declared surplus to the needs of the Commonwealth. By October 1 of each year, the Department shall provide a report to the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations setting forth the Department&#8217;s <span class=\"dictionary\">findings<\/span>, the sale or marketing of properties identified pursuant to this section, and recommending any actions that may be required by the Governor and the General Assembly to identify and dispose of property not being efficiently and effectively utilized. The Department shall provide a listing of surplus properties on the Department&#8217;s website. The description of surplus property shall include parcel identification consistent with national spatial data standards in addition to a street address.\n\t\t\tUntil permanent <span class=\"dictionary\">disposition<\/span> of the property determined to be surplus is effected, the property shall continue to be maintained by the department, agency or institution possessing or controlling it, unless upon the recommendation of the Department, the Governor authorizes the transfer of the property to the <span class=\"dictionary\">possession<\/span> or control of the Department. In this event, the department, agency or institution formerly possessing or controlling the property shall have no further interest in it. <a id=\"paragraph-215966\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-1153\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The Department shall establish criteria for ascertaining whether property under the control of a department, agency or institution should be classified as &#8220;surplus&#8221; to its current or proposed needs. Such criteria shall provide that the cognizant board or governing body, if any, of the department, agency or institution holding the title to or otherwise controlling the state-owned property, or the agency head in the absence of a board or governing body, shall approve the designation of the property as surplus. <a id=\"paragraph-215967\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-1153\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Notwithstanding the provisions of subsection A: <a id=\"paragraph-215968\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-1153\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The property known as College Woods, which includes Lake Matoaka and is possessed and controlled by a college founded in 1693, regardless of whether such property has been declared surplus pursuant to this section, shall not be transferred or disposed of without the approval of the board of visitors of such college by a two-thirds vote of all board members at a regularly scheduled board meeting. The General Assembly shall also approve the disposal or transfer. <a id=\"paragraph-215969\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-1153\/#C1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Surplus real property valued at less than $5 million that is possessed and controlled by a public institution of higher education may be sold by such institution, provided that (i) at least 45 days prior to executing a <span class=\"dictionary\">contract<\/span> for the sale of such property, the institution gives written notification to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations; and (ii) the Governor may postpone the sale at any time up to 10 days prior to the proposed date of sale. Such sale may be effected by public auction, <span class=\"dictionary\">sealed<\/span> bids, or by marketing through one or more Virginia licensed real estate brokers after satisfying the public notice provisions of subsection D of &#xA7; <a class=\"law\" title=\"Sale or lease of surplus property and excess building space\" href=\"\/2.2-1156\/\">2.2-1156<\/a>. The terms of all negotiations resulting in such sale shall be public information. The public institution of higher education may retain the proceeds from the sale of such property if the property was acquired by nongeneral funds. If the institution originally acquired the property through a mix of general and nongeneral funds, 50 percent of the proceeds shall be distributed to the institution and 50 percent shall be distributed to the State Park Conservation Resources Fund established under subsection A of &#xA7; <a class=\"law\" title=\"Gifts, funds, and fees designated for state parks; establishment of funds\" href=\"\/10.1-202\/\">10.1-202<\/a>. The authority of a public institution of higher education to sell surplus real property described under this subdivision or to retain any proceeds from the sale of such property shall be subject to the institution meeting the conditions prescribed in subsection A of &#xA7; <a class=\"law\" title=\"Eligibility for restructured financial and administrative operational authority and financial benefits\" href=\"\/23.1-1002\/\">23.1-1002<\/a> and &#xA7; <a class=\"law\" title=\"Covered institutions; operational authority; property, grants, and loans\" href=\"\/23.1-1019\/\">23.1-1019<\/a> (regardless of whether or not the institution has been granted any authority under Article 4 (&#xA7; <a class=\"law\" title=\"Management agreement; eligibility and application\" href=\"\/23.1-1004\/\">23.1-1004<\/a> et seq.) of Chapter 10 of Title 23.1). <a id=\"paragraph-215970\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-1153\/#C2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSTATE AGENCIES AND INSTITUTIONS TO NOTIFY DEPARTMENT OF PROPERTY NOT USED OR\nREQUIRED; CRITERIA (\u00a7 2.2-1153)\n\nA. Whenever any department, agency or institution of state government possesses\nor has under its control state-owned or leased property that is not being used\nto full capacity or is not required for the programs of the department, agency\nor institution, it shall so notify the Department. Such notification shall be in\na form and manner prescribed by the Department. Each department, agency and\ninstitution shall submit to the Department a land use plan for state-owned\nproperty it possesses or has under its control showing present and planned uses\nof such property. Such plan shall be approved by the cognizant board or\ngoverning body of the department, agency or institution holding title to or\notherwise controlling the state-owned property or the agency head in the absence\nof a board or governing body, with a recommendation on whether any property\nshould be declared surplus by the department, agency or institution. Development\nof such land use plans shall be based on guidelines promulgated by the\nDepartment. The guidelines shall provide that each land use plan shall be\nupdated and copies provided to the Department by September 1 of each year. The\nDepartment may exempt properties that are held and used for conservation\npurposes from the requirements of this section. The Department shall review the\nland use plans, the records and inventory required pursuant to subsections B and\nC of &#xA7; 2.2-1136 and such other information as may be necessary and\ndetermine whether the property or any portion thereof should be declared surplus\nto the needs of the Commonwealth. By October 1 of each year, the Department\nshall provide a report to the Chairmen of the House Committee on Appropriations\nand the Senate Committee on Finance and Appropriations setting forth the\nDepartment&#8217;s findings, the sale or marketing of properties identified\npursuant to this section, and recommending any actions that may be required by\nthe Governor and the General Assembly to identify and dispose of property not\nbeing efficiently and effectively utilized. The Department shall provide a\nlisting of surplus properties on the Department&#8217;s website. The description\nof surplus property shall include parcel identification consistent with national\nspatial data standards in addition to a street address.\n\t\t\tUntil permanent disposition of the property determined to be surplus is\neffected, the property shall continue to be maintained by the department, agency\nor institution possessing or controlling it, unless upon the recommendation of\nthe Department, the Governor authorizes the transfer of the property to the\npossession or control of the Department. In this event, the department, agency\nor institution formerly possessing or controlling the property shall have no\nfurther interest in it.\n\nB. The Department shall establish criteria for ascertaining whether property\nunder the control of a department, agency or institution should be classified as\n&#8220;surplus&#8221; to its current or proposed needs. Such criteria shall\nprovide that the cognizant board or governing body, if any, of the department,\nagency or institution holding the title to or otherwise controlling the\nstate-owned property, or the agency head in the absence of a board or governing\nbody, shall approve the designation of the property as surplus.\n\nC. Notwithstanding the provisions of subsection A:\n\n   1. The property known as College Woods, which includes Lake Matoaka and is\n   possessed and controlled by a college founded in 1693, regardless of whether\n   such property has been declared surplus pursuant to this section, shall not be\n   transferred or disposed of without the approval of the board of visitors of\n   such college by a two-thirds vote of all board members at a regularly\n   scheduled board meeting. The General Assembly shall also approve the disposal\n   or transfer.\n\n   2. Surplus real property valued at less than $5 million that is possessed and\n   controlled by a public institution of higher education may be sold by such\n   institution, provided that (i) at least 45 days prior to executing a contract\n   for the sale of such property, the institution gives written notification to\n   the Governor and the Chairmen of the House Committee on Appropriations and the\n   Senate Committee on Finance and Appropriations; and (ii) the Governor may\n   postpone the sale at any time up to 10 days prior to the proposed date of\n   sale. Such sale may be effected by public auction, sealed bids, or by\n   marketing through one or more Virginia licensed real estate brokers after\n   satisfying the public notice provisions of subsection D of &#xA7; 2.2-1156.\n   The terms of all negotiations resulting in such sale shall be public\n   information. The public institution of higher education may retain the\n   proceeds from the sale of such property if the property was acquired by\n   nongeneral funds. If the institution originally acquired the property through\n   a mix of general and nongeneral funds, 50 percent of the proceeds shall be\n   distributed to the institution and 50 percent shall be distributed to the\n   State Park Conservation Resources Fund established under subsection A of\n   &#xA7; 10.1-202. The authority of a public institution of higher education to\n   sell surplus real property described under this subdivision or to retain any\n   proceeds from the sale of such property shall be subject to the institution\n   meeting the conditions prescribed in subsection A of &#xA7; 23.1-1002 and\n   &#xA7; 23.1-1019 (regardless of whether or not the institution has been\n   granted any authority under Article 4 (&#xA7; 23.1-1004 et seq.) of Chapter 10\n   of Title 23.1).\n\nHISTORY: 1968, c. 717, \u00a7 2.1-106.2; 1972, c. 763; 1977, c. 672, \u00a7 2.1-505;\n1978, c. 545; 1984, c. 641; 1995, c. 774; 2001, c. 844; 2004, c. 997; 2005, cc.\n933, 945; 2009, c. 612; 2011, cc. 659, 675; 2017, c. 706; 2019, cc. 659, 660.","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}}