{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-1156.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-1156.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-1156.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-1156.html"}],"law_id":60488,"edition_id":1,"section_id":60488,"structure_id":13187,"section_number":"2.2-1156","catch_line":"Sale or lease of surplus property and excess building space","history":"1968, c. 717, \u00a7 2.1-106.7; 1970, c. 202; 1972, c. 763; 1977, c. 672, \u00a7 2.1-512; 1978, c. 545; 1981, c. 104; 1984, c. 641; 1989, c. 687; 1991, c. 679; 1995, c. 399; 1998, c. 466; 2001, c. 844; 2002, c. 281; 2004, c. 997; 2009, c. 612; 2011, cc. 659, 675; 2016, c. 291; 2018, c. 825; 2019, cc. 659, 660; 2021, Sp. Sess. I, c. 401; 2022, c. 761.","full_text":"A\n\nThe Department shall identify real property assets that are surplus to the current and reasonably anticipated future needs of the Commonwealth and may dispose of surplus assets as provided in this section, except when a department, agency or institution notifies the Department of a need for property that has been declared surplus, and the Department finds that stated need to be valid and best satisfied by the use of the property.B\n\nAfter it determines the property to be surplus to the needs of the Commonwealth and that such property should be sold, the Department shall request the written opinion of the Secretary of Natural and Historic Resources as to whether the property is a significant component of the Commonwealth’s natural or historic resources, and if so how those resources should be protected in the sale of the property. The Secretary of Natural and Historic Resources shall provide this review within 15 business days of receipt of full information from the Department.C\n\nUpon receipt of the Secretary’s review under subsection B and prior to offering the surplus property for sale to the public, the Department shall notify the chief administrative officer of the locality within which the property is located as well as any economic development entity for such locality of the pending disposition of such property. The chief administrative officer or local economic development entity shall have up to 180 days from the date of such notification to submit a proposal to the Department for the use by the locality or the local economic development entity of such property in conjunction with a bona fide economic development activity. The Department shall review such proposal, and if the Department determines that such proposal is viable and could benefit the Commonwealth, the Department may negotiate with the chief administrative officer or the local economic development entity for the sale of such property to the locality or economic development entity. If no agreement is reached between the Department and the chief administrative officer or the local economic development entity for the sale of the property, or if no proposal for the use of the property is submitted to the Department by the chief administrative officer or the local economic development entity within 180 days of notification of the pending disposition of the property, the Department, with the prior, written approval of the Governor, may proceed to dispose of the property as provided in this section.D\n\nIf the surplus property is not disposed of pursuant to subsection C, the sale shall be by public auction, or sealed bids, or by marketing through one or more real estate brokers licensed by the Commonwealth. Notice of the date, time and place of sale, if by public auction or sealed bids shall be given by advertisement in at least one newspaper published and having general circulation in the county or city in which the property to be sold is located and be posted on the Department’s website. At least 30 days shall elapse between publication of the notice and the auction or the date on which sealed bids will be opened.E\n\nThe Department may reject any and all bids or offers when, in the opinion of the Department, the price is inadequate in relation to the value of the property, the proposed terms are unacceptable, or if a need has been found for the property.F\n\nIn lieu of the sale of any such property, or in the event the Department determines there is space within a building owned by the Commonwealth or any space leased by the Commonwealth in excess of current and reasonably anticipated needs, the Department may, with the approval of the Governor, lease or sublease such property or space to any responsible person, firm or corporation on such terms as shall be approved by the Governor, provided, however, that the authority herein to sublease space leased by the Commonwealth shall be subject to the terms of the original lease. The Department may with the approval of the Governor permit charitable organizations exempt from taxation under § 501(c)(3) of the Internal Revenue Code that provide addiction recovery services to lease or sublease such property or space at cost and on such terms as shall be approved by the Governor, provided such use is deemed appropriate.\n\t\t\tThe Department shall post reports from the Commonwealth’s statewide electronic procurement system, known as eVA, on the Department’s website. The report shall include, at a minimum, current leasing opportunities and sales of surplus real property posted on the eVA’s Virginia Business Opportunities website. Such reports shall also be made available by electronic subscription. The provisions of this section requiring disposition of property through the medium of sealed bids, public auction, or marketing through licensed real estate brokers shall not apply to any lease thereof, although such procedures may be followed in the discretion of the Department.G\n\nThe deed, lease, or sublease conveying the property or excess space shall be executed in the name of the Commonwealth and shall be in a form approved by the Attorney General. Notwithstanding any law to the contrary and notwithstanding how title to the property was acquired, the deed or lease may be executed on behalf of the Commonwealth by the Director of the Department or his designee, and such action shall not create a cloud on the title to the property.\n\t\t\tIn the event that the Department determines that a boundary line of a surplus property requires adjustment, the Department may work with the adjacent landowner to adjust the boundary line and to transfer property to, or acquire property from, such adjacent landowner. In the event the Department determines that granting or accepting an easement over surplus property or the property of the adjacent landowner would facilitate the transfer of the surplus property, the Department may enter into any such easement on behalf of the department, agency, or institution in possession or control of the property, provided, however, that any such easement shall be in a form approved by the Attorney General and subject to the written approval of the Governor. The terms of the sale, lease, or sublease shall be subject to the written approval of the Governor.H\n\nAn exception to sale by sealed bids, public auction, or listing the property with a licensed real estate broker may be granted by the Governor if the property is landlocked and inaccessible from a public road or highway. In such cases, the Department shall notify all adjacent landowners of the Commonwealth’s desire to dispose of the property. After the notice has been given, the Department may begin negotiations for the sale of the property with each interested adjacent landowner. The Department, with the approval of the Governor, may accept any offer that it deems to be fair and adequate consideration for the property. In all cases, the offer shall be the best offer made by any adjacent landowner. The terms of all negotiations shall be public information.I\n\nSubject to any law to the contrary, 50 percent of the proceeds from all sales or leases, or from the conveyance of any interest in property under the provisions of this article, above the costs of the transaction, which costs shall include fees or commissions, if any, negotiated with and paid to auctioneers or real estate brokers, shall be paid into the State Park Acquisition and Development Fund, so long as the sales or leases pertain to general fund agencies or the property involved was originally acquired through the general fund, except as provided in Chapter 180 of the Acts of Assembly of 1966. The remaining 50 percent of proceeds involving general fund sales or leases, less a pro rata share of any costs of the transactions, shall be deposited in the general fund of the state treasury. The Department of Planning and Budget shall develop guidelines that allow, with the approval of the Governor, any portion of the deposit in the general fund to be credited to the agency, department or institution having control of the property at the time it was determined surplus to the Commonwealth’s needs. Any amounts so credited to an agency, department or institution may be used, upon appropriation, to supplement maintenance reserve funds or capital project appropriations, or for the acquisition, construction or improvement of real property or facilities. Net proceeds from sales or leases of special fund agency properties or property acquired through a gift for a specific purpose shall be retained by the agency or used in accordance with the original terms of the gift. Notwithstanding the foregoing, income from leases or subleases above the cost of the transaction shall first be applied to rent under the original lease and to the cost of maintenance and operation of the property. The remaining funds shall be distributed as provided herein.J\n\nWhen the Department deems it to be in the best interests of the Commonwealth, it may, with the approval of the Governor, authorize the department, institution or agency in possession or control of the property to dispose of surplus property in accordance with the procedures set forth in this section.","order_by":null,"text":{"0":{"id":221159,"text":"The Department shall identify real property assets that are surplus to the current and reasonably anticipated future needs of the Commonwealth and may dispose of surplus assets as provided in this section, except when a department, agency or institution notifies the Department of a need for property that has been declared surplus, and the Department finds that stated need to be valid and best satisfied by the use of the property.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":221160,"text":"After it determines the property to be surplus to the needs of the Commonwealth and that such property should be sold, the Department shall request the written opinion of the Secretary of Natural and Historic Resources as to whether the property is a significant component of the Commonwealth’s natural or historic resources, and if so how those resources should be protected in the sale of the property. The Secretary of Natural and Historic Resources shall provide this review within 15 business days of receipt of full information from the Department.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":221161,"text":"Upon receipt of the Secretary’s review under subsection B and prior to offering the surplus property for sale to the public, the Department shall notify the chief administrative officer of the locality within which the property is located as well as any economic development entity for such locality of the pending disposition of such property. The chief administrative officer or local economic development entity shall have up to 180 days from the date of such notification to submit a proposal to the Department for the use by the locality or the local economic development entity of such property in conjunction with a bona fide economic development activity. The Department shall review such proposal, and if the Department determines that such proposal is viable and could benefit the Commonwealth, the Department may negotiate with the chief administrative officer or the local economic development entity for the sale of such property to the locality or economic development entity. If no agreement is reached between the Department and the chief administrative officer or the local economic development entity for the sale of the property, or if no proposal for the use of the property is submitted to the Department by the chief administrative officer or the local economic development entity within 180 days of notification of the pending disposition of the property, the Department, with the prior, written approval of the Governor, may proceed to dispose of the property as provided in this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":221162,"text":"If the surplus property is not disposed of pursuant to subsection C, the sale shall be by public auction, or sealed bids, or by marketing through one or more real estate brokers licensed by the Commonwealth. Notice of the date, time and place of sale, if by public auction or sealed bids shall be given by advertisement in at least one newspaper published and having general circulation in the county or city in which the property to be sold is located and be posted on the Department’s website. At least 30 days shall elapse between publication of the notice and the auction or the date on which sealed bids will be opened.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":221163,"text":"The Department may reject any and all bids or offers when, in the opinion of the Department, the price is inadequate in relation to the value of the property, the proposed terms are unacceptable, or if a need has been found for the property.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":221164,"text":"In lieu of the sale of any such property, or in the event the Department determines there is space within a building owned by the Commonwealth or any space leased by the Commonwealth in excess of current and reasonably anticipated needs, the Department may, with the approval of the Governor, lease or sublease such property or space to any responsible person, firm or corporation on such terms as shall be approved by the Governor, provided, however, that the authority herein to sublease space leased by the Commonwealth shall be subject to the terms of the original lease. The Department may with the approval of the Governor permit charitable organizations exempt from taxation under § 501(c)(3) of the Internal Revenue Code that provide addiction recovery services to lease or sublease such property or space at cost and on such terms as shall be approved by the Governor, provided such use is deemed appropriate.\n\t\t\tThe Department shall post reports from the Commonwealth’s statewide electronic procurement system, known as eVA, on the Department’s website. The report shall include, at a minimum, current leasing opportunities and sales of surplus real property posted on the eVA’s Virginia Business Opportunities website. Such reports shall also be made available by electronic subscription. The provisions of this section requiring disposition of property through the medium of sealed bids, public auction, or marketing through licensed real estate brokers shall not apply to any lease thereof, although such procedures may be followed in the discretion of the Department.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":221165,"text":"The deed, lease, or sublease conveying the property or excess space shall be executed in the name of the Commonwealth and shall be in a form approved by the Attorney General. Notwithstanding any law to the contrary and notwithstanding how title to the property was acquired, the deed or lease may be executed on behalf of the Commonwealth by the Director of the Department or his designee, and such action shall not create a cloud on the title to the property.\n\t\t\tIn the event that the Department determines that a boundary line of a surplus property requires adjustment, the Department may work with the adjacent landowner to adjust the boundary line and to transfer property to, or acquire property from, such adjacent landowner. In the event the Department determines that granting or accepting an easement over surplus property or the property of the adjacent landowner would facilitate the transfer of the surplus property, the Department may enter into any such easement on behalf of the department, agency, or institution in possession or control of the property, provided, however, that any such easement shall be in a form approved by the Attorney General and subject to the written approval of the Governor. The terms of the sale, lease, or sublease shall be subject to the written approval of the Governor.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":221166,"text":"An exception to sale by sealed bids, public auction, or listing the property with a licensed real estate broker may be granted by the Governor if the property is landlocked and inaccessible from a public road or highway. In such cases, the Department shall notify all adjacent landowners of the Commonwealth’s desire to dispose of the property. After the notice has been given, the Department may begin negotiations for the sale of the property with each interested adjacent landowner. The Department, with the approval of the Governor, may accept any offer that it deems to be fair and adequate consideration for the property. In all cases, the offer shall be the best offer made by any adjacent landowner. The terms of all negotiations shall be public information.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":221167,"text":"Subject to any law to the contrary, 50 percent of the proceeds from all sales or leases, or from the conveyance of any interest in property under the provisions of this article, above the costs of the transaction, which costs shall include fees or commissions, if any, negotiated with and paid to auctioneers or real estate brokers, shall be paid into the State Park Acquisition and Development Fund, so long as the sales or leases pertain to general fund agencies or the property involved was originally acquired through the general fund, except as provided in Chapter 180 of the Acts of Assembly of 1966. The remaining 50 percent of proceeds involving general fund sales or leases, less a pro rata share of any costs of the transactions, shall be deposited in the general fund of the state treasury. The Department of Planning and Budget shall develop guidelines that allow, with the approval of the Governor, any portion of the deposit in the general fund to be credited to the agency, department or institution having control of the property at the time it was determined surplus to the Commonwealth’s needs. Any amounts so credited to an agency, department or institution may be used, upon appropriation, to supplement maintenance reserve funds or capital project appropriations, or for the acquisition, construction or improvement of real property or facilities. Net proceeds from sales or leases of special fund agency properties or property acquired through a gift for a specific purpose shall be retained by the agency or used in accordance with the original terms of the gift. Notwithstanding the foregoing, income from leases or subleases above the cost of the transaction shall first be applied to rent under the original lease and to the cost of maintenance and operation of the property. The remaining funds shall be distributed as provided herein.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":221168,"text":"When the Department deems it to be in the best interests of the Commonwealth, it may, with the approval of the Governor, authorize the department, institution or agency in possession or control of the property to dispose of surplus property in accordance with the procedures set forth in this section.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"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; 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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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-1156\/","history_text":"

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 19 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 1970, chapter 202; in 1972, chapter 763; in 1977, chapter 672; in 1978, chapter 545; in 1981, chapter 104; in 1984, chapter 641; in 1989, chapter 687; in 1991, chapter 679; in 1995, chapter 399<\/a>; in 1998, chapter 466<\/a>; in 2001, chapter 844<\/a>; in 2002, chapter 281<\/a>; in 2004, chapter 997<\/a>; in 2009, chapter 612<\/a>; in 2011, chapters 659<\/a> and 675<\/a>; in 2016, chapter 291<\/a>; in 2018, chapter 825<\/a>; in 2019, chapters 659<\/a> and 660<\/a>; in 2022, chapter 761<\/a>.<\/p>","references":[{"id":59061,"section_number":"10.1-1122","catch_line":"Management, harvesting, sale of timber on state-owned land","order_by":null,"url":"\/10.1-1122\/"},{"id":68138,"section_number":"2.2-1147","catch_line":"Definitions","order_by":null,"url":"\/2.2-1147\/"},{"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":72440,"section_number":"2.2-1150.1","catch_line":"Lease or conveyance of any interest in State Police communication tower","order_by":null,"url":"\/2.2-1150.1\/"},{"id":55008,"section_number":"2.2-1150.2","catch_line":"Use of communication towers for deployment of wireless broadband services in unserved areas of the Commonwealth","order_by":null,"url":"\/2.2-1150.2\/"},{"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":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":70645,"section_number":"36-139.1","catch_line":"Sale of real property for housing demonstration projects","order_by":null,"url":"\/36-139.1\/"},{"id":67364,"section_number":"37.2-318","catch_line":"Behavioral Health and Developmental Services Trust Fund established; purpose","order_by":null,"url":"\/37.2-318\/"},{"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":false,"permalink":{"id":172727,"object_type":"law","relational_id":60488,"identifier":"2.2-1156","token":"2.2\/I\/C\/11\/4\/2.2-1156","url":"\/2.2-1156\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-1156\/","token":"2.2\/I\/C\/11\/4\/2.2-1156","dublin_core":{"Title":"Sale or lease of surplus property and excess building space","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-1156","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Department shall identify real property assets<\/span> that are surplus to the current and reasonably anticipated future needs of the Commonwealth and may dispose of surplus assets<\/span> as provided in this section, except when a department, agency or institution notifies the Department of a need for property that has been declared surplus, and the Department finds that stated need to be valid and best satisfied by the use of the property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> After it determines the property to be surplus to the needs of the Commonwealth and that such property should be sold, the Department shall request the written opinion<\/span> of the Secretary of Natural and Historic Resources as to whether the property is a significant component of the Commonwealth’s natural or historic resources, and if so how those resources should be protected in the sale of the property. The Secretary of Natural and Historic Resources shall provide this review within 15 business days of receipt of full information from the Department. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon receipt of the Secretary’s review under subsection B and prior to offering the surplus property for sale to the public, the Department shall notify the chief administrative officer of the locality within which the property is located as well as any economic development entity for such locality of the pending disposition<\/span> of such property. The chief administrative officer or local economic development entity shall have up to 180 days from the date of such notification to submit a proposal to the Department for the use by the locality or the local economic development entity of such property in conjunction with a bona fide economic development activity. The Department shall review such proposal, and if the Department determines that such proposal is viable and could benefit the Commonwealth, the Department may negotiate with the chief administrative officer or the local economic development entity for the sale of such property to the locality or economic development entity. If no agreement is reached between the Department and the chief administrative officer or the local economic development entity for the sale of the property, or if no proposal for the use of the property is submitted to the Department by the chief administrative officer or the local economic development entity within 180 days of notification of the pending disposition<\/span> of the property, the Department, with the prior, written approval of the Governor, may proceed to dispose of the property as provided in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the surplus property is not disposed of pursuant to subsection C, the sale shall be by public auction, or sealed<\/span> bids, or by marketing through one or more real estate brokers licensed by the Commonwealth. Notice of the date, time and place of sale, if by public auction or sealed<\/span> bids shall be given by advertisement in at least one newspaper published and having general circulation in the county or city in which the property to be sold is located and be posted on the Department’s website. At least 30 days shall elapse between publication of the notice and the auction or the date on which sealed<\/span> bids will be opened. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Department may reject any and all bids or offers when, in the opinion<\/span> of the Department, the price is inadequate in relation to the value of the property, the proposed terms are unacceptable, or if a need has been found for the property. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In lieu of the sale of any such property, or in the event the Department determines there is space within a building owned by the Commonwealth or any space leased by the Commonwealth in excess of current and reasonably anticipated needs, the Department may, with the approval of the Governor, lease or sublease such property or space to any responsible person, firm or corporation on such terms as shall be approved by the Governor, provided, however, that the authority herein to sublease space leased by the Commonwealth shall be subject to the terms of the original lease. The Department may with the approval of the Governor permit charitable organizations exempt from taxation under § 501(c)(3) of the Internal Revenue Code that provide addiction recovery services to lease or sublease such property or space at cost and on such terms as shall be approved by the Governor, provided such use is deemed appropriate.\n\t\t\tThe Department shall post reports from the Commonwealth’s statewide electronic procurement system, known as eVA, on the Department’s website. The report shall include, at a minimum, current leasing opportunities and sales of surplus real property posted on the eVA’s Virginia Business Opportunities website. Such reports shall also be made available by electronic subscription. The provisions of this section requiring disposition<\/span> of property through the medium of sealed<\/span> bids, public auction, or marketing through licensed real estate brokers shall not apply to any lease thereof, although such procedures may be followed in the discretion of the Department. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The deed, lease, or sublease conveying the property or excess space shall be executed in the name of the Commonwealth and shall be in a form approved by the Attorney General<\/span>. Notwithstanding any law<\/span> to the contrary and notwithstanding how title to the property was acquired, the deed or lease may be executed on behalf of the Commonwealth by the Director of the Department or his designee, and such action shall not create a cloud on the title to the property.\n\t\t\tIn the event that the Department determines that a boundary line of a surplus property requires adjustment, the Department may work with the adjacent landowner to adjust the boundary line and to transfer property to, or acquire property from, such adjacent landowner. In the event the Department determines that granting or accepting an easement over surplus property or the property of the adjacent landowner would facilitate the transfer of the surplus property, the Department may enter into any such easement on behalf of the department, agency, or institution in possession<\/span> or control of the property, provided, however, that any such easement shall be in a form approved by the Attorney General<\/span> and subject to the written approval of the Governor. The terms of the sale, lease, or sublease shall be subject to the written approval of the Governor. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> An exception to sale by sealed<\/span> bids, public auction, or listing the property with a licensed real estate broker may be granted by the Governor if the property is landlocked and inaccessible from a public road or highway. In such cases, the Department shall notify all adjacent landowners of the Commonwealth’s desire to dispose of the property. After the notice has been given, the Department may begin negotiations for the sale of the property with each interested adjacent landowner. The Department, with the approval of the Governor, may accept any offer that it deems to be fair and adequate consideration for the property. In all cases, the offer shall be the best offer made by any adjacent landowner. The terms of all negotiations shall be public information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Subject to any law<\/span> to the contrary, 50 percent of the proceeds from all sales or leases, or from the conveyance of any interest in property under the provisions of this article, above the costs of the transaction, which costs shall include fees or commissions, if any, negotiated with and paid to auctioneers or real estate brokers, shall be paid into the State Park Acquisition and Development Fund, so long as the sales or leases pertain to general fund agencies or the property involved was originally acquired through the general fund, except as provided in Chapter 180 of the Acts of Assembly of 1966. The remaining 50 percent of proceeds involving general fund sales or leases, less a pro rata share of any costs of the transactions, shall be deposited in the general fund of the state treasury. The Department of Planning and Budget shall develop guidelines that allow, with the approval of the Governor, any portion of the deposit in the general fund to be credited to the agency, department or institution having control of the property at the time it was determined surplus to the Commonwealth’s needs. Any amounts so credited to an agency, department or institution may be used, upon appropriation, to supplement maintenance reserve funds or capital project appropriations, or for the acquisition, construction or improvement of real property or facilities. Net proceeds from sales or leases of special fund agency properties or property acquired through a gift for a specific purpose shall be retained by the agency or used in accordance with the original terms of the gift. Notwithstanding the foregoing, income from leases or subleases above the cost of the transaction shall first be applied to rent under the original lease and to the cost of maintenance and operation of the property. The remaining funds shall be distributed as provided herein. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> When the Department deems it to be in the best interests of the Commonwealth, it may, with the approval of the Governor, authorize the department, institution or agency in possession<\/span> or control of the property to dispose of surplus property in accordance with the procedures set forth in this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSALE OR LEASE OF SURPLUS PROPERTY AND EXCESS BUILDING SPACE (\u00a7 2.2-1156)\n\nA. The Department shall identify real property assets that are surplus to the\ncurrent and reasonably anticipated future needs of the Commonwealth and may\ndispose of surplus assets as provided in this section, except when a department,\nagency or institution notifies the Department of a need for property that has\nbeen declared surplus, and the Department finds that stated need to be valid and\nbest satisfied by the use of the property.\n\nB. After it determines the property to be surplus to the needs of the\nCommonwealth and that such property should be sold, the Department shall request\nthe written opinion of the Secretary of Natural and Historic Resources as to\nwhether the property is a significant component of the Commonwealth’s\nnatural or historic resources, and if so how those resources should be protected\nin the sale of the property. The Secretary of Natural and Historic Resources\nshall provide this review within 15 business days of receipt of full information\nfrom the Department.\n\nC. Upon receipt of the Secretary’s review under subsection B and prior to\noffering the surplus property for sale to the public, the Department shall\nnotify the chief administrative officer of the locality within which the\nproperty is located as well as any economic development entity for such locality\nof the pending disposition of such property. The chief administrative officer or\nlocal economic development entity shall have up to 180 days from the date of\nsuch notification to submit a proposal to the Department for the use by the\nlocality or the local economic development entity of such property in\nconjunction with a bona fide economic development activity. The Department shall\nreview such proposal, and if the Department determines that such proposal is\nviable and could benefit the Commonwealth, the Department may negotiate with the\nchief administrative officer or the local economic development entity for the\nsale of such property to the locality or economic development entity. If no\nagreement is reached between the Department and the chief administrative officer\nor the local economic development entity for the sale of the property, or if no\nproposal for the use of the property is submitted to the Department by the chief\nadministrative officer or the local economic development entity within 180 days\nof notification of the pending disposition of the property, the Department, with\nthe prior, written approval of the Governor, may proceed to dispose of the\nproperty as provided in this section.\n\nD. If the surplus property is not disposed of pursuant to subsection C, the sale\nshall be by public auction, or sealed bids, or by marketing through one or more\nreal estate brokers licensed by the Commonwealth. Notice of the date, time and\nplace of sale, if by public auction or sealed bids shall be given by\nadvertisement in at least one newspaper published and having general circulation\nin the county or city in which the property to be sold is located and be posted\non the Department’s website. At least 30 days shall elapse between\npublication of the notice and the auction or the date on which sealed bids will\nbe opened.\n\nE. The Department may reject any and all bids or offers when, in the opinion of\nthe Department, the price is inadequate in relation to the value of the\nproperty, the proposed terms are unacceptable, or if a need has been found for\nthe property.\n\nF. In lieu of the sale of any such property, or in the event the Department\ndetermines there is space within a building owned by the Commonwealth or any\nspace leased by the Commonwealth in excess of current and reasonably anticipated\nneeds, the Department may, with the approval of the Governor, lease or sublease\nsuch property or space to any responsible person, firm or corporation on such\nterms as shall be approved by the Governor, provided, however, that the\nauthority herein to sublease space leased by the Commonwealth shall be subject\nto the terms of the original lease. The Department may with the approval of the\nGovernor permit charitable organizations exempt from taxation under §\n501(c)(3) of the Internal Revenue Code that provide addiction recovery services\nto lease or sublease such property or space at cost and on such terms as shall\nbe approved by the Governor, provided such use is deemed appropriate.\n\t\t\tThe Department shall post reports from the Commonwealth’s statewide\nelectronic procurement system, known as eVA, on the Department’s website.\nThe report shall include, at a minimum, current leasing opportunities and sales\nof surplus real property posted on the eVA’s Virginia Business\nOpportunities website. Such reports shall also be made available by electronic\nsubscription. The provisions of this section requiring disposition of property\nthrough the medium of sealed bids, public auction, or marketing through licensed\nreal estate brokers shall not apply to any lease thereof, although such\nprocedures may be followed in the discretion of the Department.\n\nG. The deed, lease, or sublease conveying the property or excess space shall be\nexecuted in the name of the Commonwealth and shall be in a form approved by the\nAttorney General. Notwithstanding any law to the contrary and notwithstanding\nhow title to the property was acquired, the deed or lease may be executed on\nbehalf of the Commonwealth by the Director of the Department or his designee,\nand such action shall not create a cloud on the title to the property.\n\t\t\tIn the event that the Department determines that a boundary line of a surplus\nproperty requires adjustment, the Department may work with the adjacent\nlandowner to adjust the boundary line and to transfer property to, or acquire\nproperty from, such adjacent landowner. In the event the Department determines\nthat granting or accepting an easement over surplus property or the property of\nthe adjacent landowner would facilitate the transfer of the surplus property,\nthe Department may enter into any such easement on behalf of the department,\nagency, or institution in possession or control of the property, provided,\nhowever, that any such easement shall be in a form approved by the Attorney\nGeneral and subject to the written approval of the Governor. The terms of the\nsale, lease, or sublease shall be subject to the written approval of the\nGovernor.\n\nH. An exception to sale by sealed bids, public auction, or listing the property\nwith a licensed real estate broker may be granted by the Governor if the\nproperty is landlocked and inaccessible from a public road or highway. In such\ncases, the Department shall notify all adjacent landowners of the\nCommonwealth’s desire to dispose of the property. After the notice has\nbeen given, the Department may begin negotiations for the sale of the property\nwith each interested adjacent landowner. The Department, with the approval of\nthe Governor, may accept any offer that it deems to be fair and adequate\nconsideration for the property. In all cases, the offer shall be the best offer\nmade by any adjacent landowner. The terms of all negotiations shall be public\ninformation.\n\nI. Subject to any law to the contrary, 50 percent of the proceeds from all sales\nor leases, or from the conveyance of any interest in property under the\nprovisions of this article, above the costs of the transaction, which costs\nshall include fees or commissions, if any, negotiated with and paid to\nauctioneers or real estate brokers, shall be paid into the State Park\nAcquisition and Development Fund, so long as the sales or leases pertain to\ngeneral fund agencies or the property involved was originally acquired through\nthe general fund, except as provided in Chapter 180 of the Acts of Assembly of\n1966. The remaining 50 percent of proceeds involving general fund sales or\nleases, less a pro rata share of any costs of the transactions, shall be\ndeposited in the general fund of the state treasury. The Department of Planning\nand Budget shall develop guidelines that allow, with the approval of the\nGovernor, any portion of the deposit in the general fund to be credited to the\nagency, department or institution having control of the property at the time it\nwas determined surplus to the Commonwealth’s needs. Any amounts so\ncredited to an agency, department or institution may be used, upon\nappropriation, to supplement maintenance reserve funds or capital project\nappropriations, or for the acquisition, construction or improvement of real\nproperty or facilities. Net proceeds from sales or leases of special fund agency\nproperties or property acquired through a gift for a specific purpose shall be\nretained by the agency or used in accordance with the original terms of the\ngift. Notwithstanding the foregoing, income from leases or subleases above the\ncost of the transaction shall first be applied to rent under the original lease\nand to the cost of maintenance and operation of the property. The remaining\nfunds shall be distributed as provided herein.\n\nJ. When the Department deems it to be in the best interests of the Commonwealth,\nit may, with the approval of the Governor, authorize the department, institution\nor agency in possession or control of the property to dispose of surplus\nproperty in accordance with the procedures set forth in this section.\n\nHISTORY: 1968, c. 717, \u00a7 2.1-106.7; 1970, c. 202; 1972, c. 763; 1977, c. 672,\n\u00a7 2.1-512; 1978, c. 545; 1981, c. 104; 1984, c. 641; 1989, c. 687; 1991, c.\n679; 1995, c. 399; 1998, c. 466; 2001, c. 844; 2002, c. 281; 2004, c. 997; 2009,\nc. 612; 2011, cc. 659, 675; 2016, c. 291; 2018, c. 825; 2019, cc. 659, 660;\n2021, Sp. Sess. I, c. 401; 2022, c. 761.","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}}