{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-2340.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-2340.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-2340.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-2340.html"}],"law_id":61272,"edition_id":1,"section_id":61272,"structure_id":13535,"section_number":"2.2-2340","catch_line":"Additional declaration of policy; powers of the Authority; penalty","history":"2011, c. 716; 2012, cc. 436, 482; 2014, cc. 676, 681; 2023, cc. 209, 210; 2024, cc. 34, 114.","full_text":"A\n\nIt is the policy of the Commonwealth that the historic, cultural, and natural resources of Fort Monroe be protected in any conveyance or alienation of real property interests by the Authority. Real property in the Area of Operation at Fort Monroe may be maintained as Commonwealth-owned land that is leased, whether by short-term operating\/revenue lease or long-term ground lease, to appropriate public, private, or joint venture entities, with such historic, cultural, and natural resources being protected in any such lease, to be approved as to form by the Attorney General of the Commonwealth of Virginia. If sold as provided in this article, real property interests in the Area of Operation at Fort Monroe may only be sold under covenants, historic conservation easements, historic preservation easements, or other appropriate legal restrictions approved as to form by the Attorney General that protect these historic and natural resources. Properties in the Wherry Quarter and Inner Fort areas identified in the Fort Monroe Reuse Plan may only be sold with the consent of both the Governor and the General Assembly, except that any transfer to the National Park Service shall require only the approval of the Governor. The proceeds from the sale or pre-paid lease of any real or personal property within the Area of Operation shall be retained by the Authority and used for infrastructure improvements in the Area of Operation.B\n\nThe Authority shall have the power and duty:1\n\nTo sue and be sued; to adopt and use a common seal and to alter the same as may be deemed expedient; to have perpetual succession; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the Authority; and to make and from time to time amend and repeal bylaws, rules, and regulations, not inconsistent with law, to carry into effect the powers and purposes of the Authority;2\n\nTo foster and stimulate the economic and other development of Fort Monroe, including without limitation development for business, employment, housing, commercial, recreational, educational, and other public purposes; to prepare and carry out plans and projects to accomplish such objectives; to provide for the construction, reconstruction, rehabilitation, reuse, improvement, alteration, maintenance, removal, equipping, or repair of any buildings, structures, or land of any kind; to lease or rent to others or to develop, operate, or manage with others in a joint venture or other partnering arrangement, on such terms as it deems proper and which are consistent with the provisions of the Programmatic Agreement, Design Standards, and Reuse Plan governing any lands, dwellings, houses, accommodations, structures, buildings, facilities, or appurtenances embraced within Fort Monroe; to establish, collect, and revise the rents charged and terms and conditions of occupancy thereof; to terminate any such lease or rental obligation upon the failure of the lessee or renter to comply with any of the obligations thereof; to arrange or contract for the furnishing by any person or agency, public or private, of works, services, privileges, or facilities in connection with any activity in which the Authority may engage, provided, however, that if services are provided by the City of Hampton pursuant to &#xA7; 2.2-2341 for which the City is compensated pursuant to subsection B of &#xA7; 2.2-2342, then the Authority may provide for additional, more complete, or more timely services than are generally available in the City of Hampton as a whole if deemed necessary or appropriate by the Authority; to acquire, own, hold, and improve real or personal property; to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, easement, dedication, or otherwise any real or personal property or any interest therein, which purchase, lease, or acquisition may only be made for less than fair market value if the Board of Trustees determines, upon the advice of the Attorney General, that the transaction is consistent with the fiduciary obligation of the Authority to the Commonwealth and if necessary or appropriate to further the purposes of the Authority; as provided in this article, to sell, lease, exchange, transfer, assign, or pledge any real or personal property or any interest therein, which sale, lease, or other transfer or assignment may be made for less than fair market value; as provided in this article, to dedicate, make a gift of, or lease for a nominal amount any real or personal property or any interest therein to the Commonwealth, the City of Hampton, or other localities or agencies, public or private, within the Area of Operation or adjacent thereto, jointly or severally, for public use or benefit, such as, but not limited to, game preserves, playgrounds, park and recreational areas and facilities, hospitals, clinics, schools, and airports; to acquire, lease, maintain, alter, operate, improve, expand, sell, or otherwise dispose of onsite utility and infrastructure systems or sell any excess service capacity for offsite use; to acquire, lease, construct, maintain, and operate and dispose of tracks, spurs, crossings, terminals, warehouses, and terminal facilities of every kind and description necessary or useful in the transportation and storage of goods, wares, and merchandise; and to insure or provide for the insurance of any real or personal property or operation of the Authority against any risks or hazards;3\n\nTo invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursements, in property or security in which fiduciaries may legally invest funds subject to their control; to purchase its bonds at a price not more than the principal amount thereof and accrued interest, all bonds so purchased to be cancelled;4\n\nTo undertake and carry out examinations, investigations, studies, and analyses of the business, industrial, agricultural, utility, transportation, and other economic development needs, requirements, and potentialities of its Area of Operation or offsite needs, requirements, and potentialities that directly affect the success of the Authority at Fort Monroe, and the manner in which such needs and requirements and potentialities are being met, or should be met, in order to accomplish the purposes for which it is created; to make use of the facts determined in such research and analyses in its own operation; and to make the results of such studies and analyses available to public bodies and to private individuals, groups, and businesses, except as such information may be exempted pursuant to the Virginia Freedom of Information Act (&#xA7; 2.2-3700 et seq.);5\n\nTo administer, develop, and maintain at Fort Monroe permanent commemorative cultural and historical museums and memorials;6\n\nTo adopt names, flags, seals, and other emblems for use in connection with such shrines and to copyright the same in the name of the Commonwealth;7\n\nTo enter into any contracts not otherwise specifically authorized in this article to further the purposes of the Authority, after approval as to form by the Attorney General;8\n\nTo establish nonprofit corporations as instrumentalities to assist in administering the affairs of the Authority;9\n\nTo exercise the power of eminent domain in the manner provided by Chapter 3 (&#xA7; 25.1-300 et seq.) of Title 25.1 within the Authority&#8217;s Area of Operation; however, eminent domain may only be used to obtain easements across property on Fort Monroe for the provision of water, sewer, electrical, ingress and egress, and other necessary or useful services to further the purposes of the Authority, unless the Governor has expressly granted authority to obtain interests for other purposes;10\n\nTo fix, charge, and collect rents, fees, and charges (i) for the use of, or the benefit derived from, the services or facilities provided, owned, operated, or financed by the Authority benefiting property within the Authority&#8217;s Area of Operation and (ii) for the consumption within the Area of Operation of goods and services being provided in exchange for value by any person or business located and operating, permanently or temporarily, within the Area of Operation. Such rents, fees, and charges may be charged to and collected by such persons and in such manner as the Authority may determine from (a) any person contracting for the services or using the Authority facilities or (b) the owners, tenants, or customers of the real estate and improvements that are served by, or benefit from the use of, any such services or facilities, in such manner as shall be authorized by the Authority in connection with the provision of such services or facilities. Such rents, fees, and charges shall not be chargeable to the Commonwealth or, where such rents, fees or charges relate to services or facilities utilized by the City of Hampton to provide municipal services, to the City of Hampton except as may be provided by lease or other agreement and may be used to fund the provision of the additional, more complete, or more timely services authorized under subdivision 6 of &#xA7; 2.2-2339, the payments provided under &#xA7; 2.2-2342, or for other purposes as the Authority may determine to be appropriate, subject to the provisions of subsection B of &#xA7; 2.2-2342;11\n\nTo receive and expend gifts, grants, and donations from whatever source derived for the purposes of the Authority;12\n\nTo employ a chief executive officer and such deputies and assistants as may be required;13\n\nTo elect any past chairman of the Board of Trustees to the honorary position of chairman emeritus. Chairmen emeriti shall serve as honorary members for life. Chairmen emeriti shall be elected in addition to the nonlegislative citizen member positions defined in &#xA7; 2.2-2338;14\n\nTo determine what paintings, statuary, works of art, manuscripts, and artifacts may be acquired by purchase, gift, or loan and to exchange or sell the same if not inconsistent with the terms of such purchase, gift, loan, or other acquisition;15\n\nTo change the form of investment of any funds, securities, or other property, real or personal, provided the same are not inconsistent with the terms of the instrument under which the same were acquired, and to sell, grant, or convey any such property, subject to the provisions of subsection A of &#xA7; 2.2-2340;16\n\nTo cooperate with the federal government, the Commonwealth, the City of Hampton, or other nearby localities in the discharge of its enumerated powers;17\n\nTo exercise all or any part or combination of powers granted in this article;18\n\nTo do any and all other acts and things that may be reasonably necessary and convenient to carry out its purposes and powers;19\n\nTo adopt, amend or repeal, by the Board of Trustees, or the executive committee thereof, regulations concerning the use of, access to and visitation of properties under the control of the Authority in order to protect or secure such properties and the public enjoyment thereof, with any violation of such regulations being punishable by a civil penalty of up to $100 for the first violation and up to $250 for any subsequent violation, such civil penalty to be paid to the Authority;20\n\nTo provide parking and traffic rules and regulations on property owned by the Authority; and21\n\nTo provide that any person who knowingly violates a regulation of the Authority may be requested by an agent or employee of the Authority to leave the property and upon the failure of such person so to do shall be guilty of a trespass as provided in &#xA7; 18.2-119.","order_by":null,"text":{"0":{"id":223891,"text":"It is the policy of the Commonwealth that the historic, cultural, and natural resources of Fort Monroe be protected in any conveyance or alienation of real property interests by the Authority. Real property in the Area of Operation at Fort Monroe may be maintained as Commonwealth-owned land that is leased, whether by short-term operating\/revenue lease or long-term ground lease, to appropriate public, private, or joint venture entities, with such historic, cultural, and natural resources being protected in any such lease, to be approved as to form by the Attorney General of the Commonwealth of Virginia. If sold as provided in this article, real property interests in the Area of Operation at Fort Monroe may only be sold under covenants, historic conservation easements, historic preservation easements, or other appropriate legal restrictions approved as to form by the Attorney General that protect these historic and natural resources. Properties in the Wherry Quarter and Inner Fort areas identified in the Fort Monroe Reuse Plan may only be sold with the consent of both the Governor and the General Assembly, except that any transfer to the National Park Service shall require only the approval of the Governor. The proceeds from the sale or pre-paid lease of any real or personal property within the Area of Operation shall be retained by the Authority and used for infrastructure improvements in the Area of Operation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":223892,"text":"The Authority shall have the power and duty:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":223893,"text":"To sue and be sued; to adopt and use a common seal and to alter the same as may be deemed expedient; to have perpetual succession; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the Authority; and to make and from time to time amend and repeal bylaws, rules, and regulations, not inconsistent with law, to carry into effect the powers and purposes of the Authority;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":223894,"text":"To foster and stimulate the economic and other development of Fort Monroe, including without limitation development for business, employment, housing, commercial, recreational, educational, and other public purposes; to prepare and carry out plans and projects to accomplish such objectives; to provide for the construction, reconstruction, rehabilitation, reuse, improvement, alteration, maintenance, removal, equipping, or repair of any buildings, structures, or land of any kind; to lease or rent to others or to develop, operate, or manage with others in a joint venture or other partnering arrangement, on such terms as it deems proper and which are consistent with the provisions of the Programmatic Agreement, Design Standards, and Reuse Plan governing any lands, dwellings, houses, accommodations, structures, buildings, facilities, or appurtenances embraced within Fort Monroe; to establish, collect, and revise the rents charged and terms and conditions of occupancy thereof; to terminate any such lease or rental obligation upon the failure of the lessee or renter to comply with any of the obligations thereof; to arrange or contract for the furnishing by any person or agency, public or private, of works, services, privileges, or facilities in connection with any activity in which the Authority may engage, provided, however, that if services are provided by the City of Hampton pursuant to &#xA7; 2.2-2341 for which the City is compensated pursuant to subsection B of &#xA7; 2.2-2342, then the Authority may provide for additional, more complete, or more timely services than are generally available in the City of Hampton as a whole if deemed necessary or appropriate by the Authority; to acquire, own, hold, and improve real or personal property; to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, easement, dedication, or otherwise any real or personal property or any interest therein, which purchase, lease, or acquisition may only be made for less than fair market value if the Board of Trustees determines, upon the advice of the Attorney General, that the transaction is consistent with the fiduciary obligation of the Authority to the Commonwealth and if necessary or appropriate to further the purposes of the Authority; as provided in this article, to sell, lease, exchange, transfer, assign, or pledge any real or personal property or any interest therein, which sale, lease, or other transfer or assignment may be made for less than fair market value; as provided in this article, to dedicate, make a gift of, or lease for a nominal amount any real or personal property or any interest therein to the Commonwealth, the City of Hampton, or other localities or agencies, public or private, within the Area of Operation or adjacent thereto, jointly or severally, for public use or benefit, such as, but not limited to, game preserves, playgrounds, park and recreational areas and facilities, hospitals, clinics, schools, and airports; to acquire, lease, maintain, alter, operate, improve, expand, sell, or otherwise dispose of onsite utility and infrastructure systems or sell any excess service capacity for offsite use; to acquire, lease, construct, maintain, and operate and dispose of tracks, spurs, crossings, terminals, warehouses, and terminal facilities of every kind and description necessary or useful in the transportation and storage of goods, wares, and merchandise; and to insure or provide for the insurance of any real or personal property or operation of the Authority against any risks or hazards;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":223895,"text":"To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursements, in property or security in which fiduciaries may legally invest funds subject to their control; to purchase its bonds at a price not more than the principal amount thereof and accrued interest, all bonds so purchased to be cancelled;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":223896,"text":"To undertake and carry out examinations, investigations, studies, and analyses of the business, industrial, agricultural, utility, transportation, and other economic development needs, requirements, and potentialities of its Area of Operation or offsite needs, requirements, and potentialities that directly affect the success of the Authority at Fort Monroe, and the manner in which such needs and requirements and potentialities are being met, or should be met, in order to accomplish the purposes for which it is created; to make use of the facts determined in such research and analyses in its own operation; and to make the results of such studies and analyses available to public bodies and to private individuals, groups, and businesses, except as such information may be exempted pursuant to the Virginia Freedom of Information Act (&#xA7; 2.2-3700 et seq.);","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":223897,"text":"To administer, develop, and maintain at Fort Monroe permanent commemorative cultural and historical museums and memorials;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":223898,"text":"To adopt names, flags, seals, and other emblems for use in connection with such shrines and to copyright the same in the name of the Commonwealth;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":223899,"text":"To enter into any contracts not otherwise specifically authorized in this article to further the purposes of the Authority, after approval as to form by the Attorney General;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":223900,"text":"To establish nonprofit corporations as instrumentalities to assist in administering the affairs of the Authority;","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":223901,"text":"To exercise the power of eminent domain in the manner provided by Chapter 3 (&#xA7; 25.1-300 et seq.) of Title 25.1 within the Authority&#8217;s Area of Operation; however, eminent domain may only be used to obtain easements across property on Fort Monroe for the provision of water, sewer, electrical, ingress and egress, and other necessary or useful services to further the purposes of the Authority, unless the Governor has expressly granted authority to obtain interests for other purposes;","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"B10"},"11":{"id":223902,"text":"To fix, charge, and collect rents, fees, and charges (i) for the use of, or the benefit derived from, the services or facilities provided, owned, operated, or financed by the Authority benefiting property within the Authority&#8217;s Area of Operation and (ii) for the consumption within the Area of Operation of goods and services being provided in exchange for value by any person or business located and operating, permanently or temporarily, within the Area of Operation. Such rents, fees, and charges may be charged to and collected by such persons and in such manner as the Authority may determine from (a) any person contracting for the services or using the Authority facilities or (b) the owners, tenants, or customers of the real estate and improvements that are served by, or benefit from the use of, any such services or facilities, in such manner as shall be authorized by the Authority in connection with the provision of such services or facilities. Such rents, fees, and charges shall not be chargeable to the Commonwealth or, where such rents, fees or charges relate to services or facilities utilized by the City of Hampton to provide municipal services, to the City of Hampton except as may be provided by lease or other agreement and may be used to fund the provision of the additional, more complete, or more timely services authorized under subdivision 6 of &#xA7; 2.2-2339, the payments provided under &#xA7; 2.2-2342, or for other purposes as the Authority may determine to be appropriate, subject to the provisions of subsection B of &#xA7; 2.2-2342;","type":"section","prefixes":["B","10"],"prefix":"10","entire_prefix":"B10","prefix_anchor":"B10","level":2,"prior_prefix":"B9","next_prefix":"B11"},"12":{"id":223903,"text":"To receive and expend gifts, grants, and donations from whatever source derived for the purposes of the Authority;","type":"section","prefixes":["B","11"],"prefix":"11","entire_prefix":"B11","prefix_anchor":"B11","level":2,"prior_prefix":"B10","next_prefix":"B12"},"13":{"id":223904,"text":"To employ a chief executive officer and such deputies and assistants as may be required;","type":"section","prefixes":["B","12"],"prefix":"12","entire_prefix":"B12","prefix_anchor":"B12","level":2,"prior_prefix":"B11","next_prefix":"B13"},"14":{"id":223905,"text":"To elect any past chairman of the Board of Trustees to the honorary position of chairman emeritus. Chairmen emeriti shall serve as honorary members for life. Chairmen emeriti shall be elected in addition to the nonlegislative citizen member positions defined in &#xA7; 2.2-2338;","type":"section","prefixes":["B","13"],"prefix":"13","entire_prefix":"B13","prefix_anchor":"B13","level":2,"prior_prefix":"B12","next_prefix":"B14"},"15":{"id":223906,"text":"To determine what paintings, statuary, works of art, manuscripts, and artifacts may be acquired by purchase, gift, or loan and to exchange or sell the same if not inconsistent with the terms of such purchase, gift, loan, or other acquisition;","type":"section","prefixes":["B","14"],"prefix":"14","entire_prefix":"B14","prefix_anchor":"B14","level":2,"prior_prefix":"B13","next_prefix":"B15"},"16":{"id":223907,"text":"To change the form of investment of any funds, securities, or other property, real or personal, provided the same are not inconsistent with the terms of the instrument under which the same were acquired, and to sell, grant, or convey any such property, subject to the provisions of subsection A of &#xA7; 2.2-2340;","type":"section","prefixes":["B","15"],"prefix":"15","entire_prefix":"B15","prefix_anchor":"B15","level":2,"prior_prefix":"B14","next_prefix":"B16"},"17":{"id":223908,"text":"To cooperate with the federal government, the Commonwealth, the City of Hampton, or other nearby localities in the discharge of its enumerated powers;","type":"section","prefixes":["B","16"],"prefix":"16","entire_prefix":"B16","prefix_anchor":"B16","level":2,"prior_prefix":"B15","next_prefix":"B17"},"18":{"id":223909,"text":"To exercise all or any part or combination of powers granted in this article;","type":"section","prefixes":["B","17"],"prefix":"17","entire_prefix":"B17","prefix_anchor":"B17","level":2,"prior_prefix":"B16","next_prefix":"B18"},"19":{"id":223910,"text":"To do any and all other acts and things that may be reasonably necessary and convenient to carry out its purposes and powers;","type":"section","prefixes":["B","18"],"prefix":"18","entire_prefix":"B18","prefix_anchor":"B18","level":2,"prior_prefix":"B17","next_prefix":"B19"},"20":{"id":223911,"text":"To adopt, amend or repeal, by the Board of Trustees, or the executive committee thereof, regulations concerning the use of, access to and visitation of properties under the control of the Authority in order to protect or secure such properties and the public enjoyment thereof, with any violation of such regulations being punishable by a civil penalty of up to $100 for the first violation and up to $250 for any subsequent violation, such civil penalty to be paid to the Authority;","type":"section","prefixes":["B","19"],"prefix":"19","entire_prefix":"B19","prefix_anchor":"B19","level":2,"prior_prefix":"B18","next_prefix":"B20"},"21":{"id":223912,"text":"To provide parking and traffic rules and regulations on property owned by the Authority; and","type":"section","prefixes":["B","20"],"prefix":"20","entire_prefix":"B20","prefix_anchor":"B20","level":2,"prior_prefix":"B19","next_prefix":"B21"},"22":{"id":223913,"text":"To provide that any person who knowingly violates a regulation of the Authority may be requested by an agent or employee of the Authority to leave the property and upon the failure of such person so to do shall be guilty of a trespass as provided in &#xA7; 18.2-119.","type":"section","prefixes":["B","21"],"prefix":"21","entire_prefix":"B21","prefix_anchor":"B21","level":2,"prior_prefix":"B20"}},"ancestry":[{"id":13535,"edition_id":1,"name":"Fort Monroe Authority Act","identifier":"10","label":"article","depth":5,"order_by":1,"parent_id":13344,"metadata":{},"date_created":"2026-06-26 03:45:09","date_modified":"2026-06-26 03:45:09","permalink":{"id":173953,"object_type":"structure","relational_id":13535,"identifier":"10","token":"2.2\/I\/D\/22\/10","url":"\/2.2\/I\/D\/22\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13344,"edition_id":1,"name":"Authorities","identifier":"22","label":"chapter","depth":4,"order_by":1,"parent_id":12785,"metadata":{},"date_created":"2026-06-26 03:44:41","date_modified":"2026-06-26 03:44:41","permalink":{"id":173945,"object_type":"structure","relational_id":13344,"identifier":"22","token":"2.2\/I\/D\/22","url":"\/2.2\/I\/D\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12785,"edition_id":1,"name":"State Authorities, Boards, Commissions, Councils, Foundations and Other Collegial Bodies","identifier":"D","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":173913,"object_type":"structure","relational_id":12785,"identifier":"D","token":"2.2\/I\/D","url":"\/2.2\/I\/D\/","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":85644,"structure_id":13535,"section_number":"2.2-2336","catch_line":"Short title; declaration of public purpose; Fort Monroe Authority created; successor in interest to Fort Monroe Federal Area Development Authority","url":"\/2.2-2336\/","token":"2.2\/I\/D\/22\/10\/2.2-2336","metadata":false},{"id":86922,"structure_id":13535,"section_number":"2.2-2337","catch_line":"Definitions","url":"\/2.2-2337\/","token":"2.2\/I\/D\/22\/10\/2.2-2337","metadata":false},{"id":76395,"structure_id":13535,"section_number":"2.2-2338","catch_line":"Board of Trustees; membership","url":"\/2.2-2338\/","token":"2.2\/I\/D\/22\/10\/2.2-2338","metadata":false},{"id":75257,"structure_id":13535,"section_number":"2.2-2339","catch_line":"Duties of the Authority","url":"\/2.2-2339\/","token":"2.2\/I\/D\/22\/10\/2.2-2339","metadata":false},{"id":62239,"structure_id":13535,"section_number":"2.2-2339.1","catch_line":"Fort Monroe Master Plan; approval by Governor","url":"\/2.2-2339.1\/","token":"2.2\/I\/D\/22\/10\/2.2-2339.1","metadata":false},{"id":61272,"structure_id":13535,"section_number":"2.2-2340","catch_line":"Additional declaration of policy; powers of the Authority; penalty","url":"\/2.2-2340\/","token":"2.2\/I\/D\/22\/10\/2.2-2340","metadata":false},{"id":77756,"structure_id":13535,"section_number":"2.2-2340.1","catch_line":"Use of safety and security enhancement devices","url":"\/2.2-2340.1\/","token":"2.2\/I\/D\/22\/10\/2.2-2340.1","metadata":false},{"id":75300,"structure_id":13535,"section_number":"2.2-2341","catch_line":"Relationship to the City of Hampton","url":"\/2.2-2341\/","token":"2.2\/I\/D\/22\/10\/2.2-2341","metadata":false},{"id":54501,"structure_id":13535,"section_number":"2.2-2341.1","catch_line":"Control over the use of certain vehicles","url":"\/2.2-2341.1\/","token":"2.2\/I\/D\/22\/10\/2.2-2341.1","metadata":false},{"id":67540,"structure_id":13535,"section_number":"2.2-2342","catch_line":"Payments to Commonwealth or political subdivisions thereof; payments to the City of Hampton","url":"\/2.2-2342\/","token":"2.2\/I\/D\/22\/10\/2.2-2342","metadata":false},{"id":66702,"structure_id":13535,"section_number":"2.2-2343","catch_line":"Authority may borrow money, accept contributions, etc","url":"\/2.2-2343\/","token":"2.2\/I\/D\/22\/10\/2.2-2343","metadata":false},{"id":80237,"structure_id":13535,"section_number":"2.2-2344","catch_line":"Authority empowered to issue bonds; additional security; liability thereon","url":"\/2.2-2344\/","token":"2.2\/I\/D\/22\/10\/2.2-2344","metadata":false},{"id":71633,"structure_id":13535,"section_number":"2.2-2345","catch_line":"Powers and duties of chief executive officer","url":"\/2.2-2345\/","token":"2.2\/I\/D\/22\/10\/2.2-2345","metadata":false},{"id":64131,"structure_id":13535,"section_number":"2.2-2346","catch_line":"Legal services","url":"\/2.2-2346\/","token":"2.2\/I\/D\/22\/10\/2.2-2346","metadata":false},{"id":82533,"structure_id":13535,"section_number":"2.2-2347","catch_line":"Exemption from taxation","url":"\/2.2-2347\/","token":"2.2\/I\/D\/22\/10\/2.2-2347","metadata":false},{"id":70215,"structure_id":13535,"section_number":"2.2-2348","catch_line":"Rents, fees, and charges; disposition of revenues","url":"\/2.2-2348\/","token":"2.2\/I\/D\/22\/10\/2.2-2348","metadata":false},{"id":75196,"structure_id":13535,"section_number":"2.2-2348.1","catch_line":"Ratification of the ownership of certain lands in the City of Hampton known as Fort Monroe; ownership and operation of utilities","url":"\/2.2-2348.1\/","token":"2.2\/I\/D\/22\/10\/2.2-2348.1","metadata":false},{"id":81189,"structure_id":13535,"section_number":"2.2-2349","catch_line":"Powers conferred additional and supplemental; liberal construction","url":"\/2.2-2349\/","token":"2.2\/I\/D\/22\/10\/2.2-2349","metadata":false},{"id":68179,"structure_id":13535,"section_number":"2.2-2349.1","catch_line":"Chapter controlling over inconsistent laws","url":"\/2.2-2349.1\/","token":"2.2\/I\/D\/22\/10\/2.2-2349.1","metadata":false},{"id":57715,"structure_id":13535,"section_number":"2.2-2350","catch_line":"Sovereign immunity","url":"\/2.2-2350\/","token":"2.2\/I\/D\/22\/10\/2.2-2350","metadata":false}],"previous_section":{"id":62239,"structure_id":13535,"section_number":"2.2-2339.1","catch_line":"Fort Monroe Master Plan; approval by Governor","url":"\/2.2-2339.1\/","token":"2.2\/I\/D\/22\/10\/2.2-2339.1","metadata":false},"next_section":{"id":77756,"structure_id":13535,"section_number":"2.2-2340.1","catch_line":"Use of safety and security enhancement devices","url":"\/2.2-2340.1\/","token":"2.2\/I\/D\/22\/10\/2.2-2340.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-2340\/","history_text":"<p>This law was first created in 2011. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?111+ful+CHAP0716\">716<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 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 2012, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0436\">436<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?121+ful+CHAP0482\">482<\/a>; in 2014, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0676\">676<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0681\">681<\/a>; in 2023, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0209\">209<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0210\">210<\/a>; in 2024, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0034\">34<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0114\">114<\/a>.<\/p>","references":[{"id":61272,"section_number":"2.2-2340","catch_line":"Additional declaration of policy; powers of the Authority; penalty","order_by":null,"url":"\/2.2-2340\/"}],"refers_to":[{"id":76989,"section_number":"18.2-119","catch_line":"Trespass after having been forbidden to do so; penalties","order_by":null,"url":"\/18.2-119\/"},{"id":76395,"section_number":"2.2-2338","catch_line":"Board of Trustees; membership","order_by":null,"url":"\/2.2-2338\/"},{"id":75257,"section_number":"2.2-2339","catch_line":"Duties of the Authority","order_by":null,"url":"\/2.2-2339\/"},{"id":61272,"section_number":"2.2-2340","catch_line":"Additional declaration of policy; powers of the Authority; penalty","order_by":null,"url":"\/2.2-2340\/"},{"id":75300,"section_number":"2.2-2341","catch_line":"Relationship to the City of Hampton","order_by":null,"url":"\/2.2-2341\/"},{"id":67540,"section_number":"2.2-2342","catch_line":"Payments to Commonwealth or political subdivisions thereof; payments to the City of Hampton","order_by":null,"url":"\/2.2-2342\/"},{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":83870,"section_number":"25.1-300","catch_line":"Definitions","order_by":null,"url":"\/25.1-300\/"}],"permalink":{"id":173975,"object_type":"law","relational_id":61272,"identifier":"2.2-2340","token":"2.2\/I\/D\/22\/10\/2.2-2340","url":"\/2.2-2340\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-2340\/","token":"2.2\/I\/D\/22\/10\/2.2-2340","dublin_core":{"Title":"Additional declaration of policy; powers of the Authority; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-2340","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> It is the policy of the <span class=\"dictionary\">Commonwealth<\/span> that the historic, cultural, and natural resources of Fort Monroe be protected in any conveyance or alienation of <span class=\"dictionary\">real property<\/span> interests by the <span class=\"dictionary\">Authority<\/span>. <span class=\"dictionary\">Real property<\/span> in the <span class=\"dictionary\">Area of Operation<\/span> at Fort Monroe may be maintained as <span class=\"dictionary\">Commonwealth<\/span>-owned land that is leased, whether by short-term operating\/revenue lease or long-term ground lease, to appropriate public, private, or joint venture entities, with such historic, cultural, and natural resources being protected in any such lease, to be approved as to form by the <span class=\"dictionary\">Attorney General<\/span> of the <span class=\"dictionary\">Commonwealth<\/span> of Virginia. If sold as provided in this article, <span class=\"dictionary\">real property<\/span> interests in the <span class=\"dictionary\">Area of Operation<\/span> at Fort Monroe may only be sold under covenants, historic conservation easements, historic preservation easements, or other appropriate legal restrictions approved as to form by the <span class=\"dictionary\">Attorney General<\/span> that protect these historic and natural resources. Properties in the Wherry Quarter and Inner Fort areas identified in the <span class=\"dictionary\">Fort Monroe Reuse Plan<\/span> may only be sold with the consent of both the Governor and the General Assembly, except that any transfer to the National Park Service shall require only the approval of the Governor. The proceeds from the sale or pre-paid lease of any real or personal property within the <span class=\"dictionary\">Area of Operation<\/span> shall be retained by the <span class=\"dictionary\">Authority<\/span> and used for infrastructure improvements in the <span class=\"dictionary\">Area of Operation<\/span>. <a id=\"paragraph-223891\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#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 <span class=\"dictionary\">Authority<\/span> shall have the power and duty: <a id=\"paragraph-223892\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> To sue and be sued; to adopt and use a common seal and to alter the same as may be deemed expedient; to have perpetual succession; to make and execute <span class=\"dictionary\">contracts<\/span> and other instruments necessary or convenient to the exercise of the powers of the <span class=\"dictionary\">Authority<\/span>; and to make and from time to time <span class=\"dictionary\">amend<\/span> and repeal bylaws, rules, and regulations, not inconsistent with <span class=\"dictionary\">law<\/span>, to carry into effect the powers and purposes of the <span class=\"dictionary\">Authority<\/span>; <a id=\"paragraph-223893\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> To foster and stimulate the economic and other development of Fort Monroe, including without limitation development for business, employment, housing, commercial, recreational, educational, and other public purposes; to prepare and carry out plans and <span class=\"dictionary\">projects<\/span> to accomplish such objectives; to provide for the construction, reconstruction, rehabilitation, reuse, improvement, alteration, maintenance, removal, equipping, or repair of any buildings, structures, or land of any kind; to lease or rent to others or to develop, operate, or manage with others in a joint venture or other partnering arrangement, on such terms as it deems proper and which are consistent with the provisions of the <span class=\"dictionary\">Programmatic Agreement<\/span>, <span class=\"dictionary\">Design Standards<\/span>, and Reuse Plan governing any lands, dwellings, houses, accommodations, structures, buildings, facilities, or appurtenances embraced within Fort Monroe; to establish, collect, and revise the rents charged and terms and conditions of occupancy thereof; to terminate any such lease or rental obligation upon the failure of the lessee or renter to comply with any of the obligations thereof; to arrange or <span class=\"dictionary\">contract<\/span> for the furnishing by any person or agency, public or private, of works, services, <span class=\"dictionary\">privileges<\/span>, or facilities in connection with any activity in which the <span class=\"dictionary\">Authority<\/span> may engage, provided, however, that if services are provided by the <span class=\"dictionary\">City of Hampton<\/span> pursuant to &#xA7; <a class=\"law\" title=\"Relationship to the City of Hampton\" href=\"\/2.2-2341\/\">2.2-2341<\/a> for which the City is compensated pursuant to subsection B of &#xA7; <a class=\"law\" title=\"Payments to Commonwealth or political subdivisions thereof; payments to the City of Hampton\" href=\"\/2.2-2342\/\">2.2-2342<\/a>, then the <span class=\"dictionary\">Authority<\/span> may provide for additional, more complete, or more timely services than are generally available in the <span class=\"dictionary\">City of Hampton<\/span> as a whole if deemed necessary or appropriate by the <span class=\"dictionary\">Authority<\/span>; to acquire, own, hold, and improve real or personal property; to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise, easement, dedication, or otherwise any real or personal property or any interest therein, which purchase, lease, or acquisition may only be made for less than fair market value if the <span class=\"dictionary\">Board<\/span> of <span class=\"dictionary\">Trustees<\/span> determines, upon the advice of the <span class=\"dictionary\">Attorney General<\/span>, that the transaction is consistent with the fiduciary obligation of the <span class=\"dictionary\">Authority<\/span> to the <span class=\"dictionary\">Commonwealth<\/span> and if necessary or appropriate to further the purposes of the <span class=\"dictionary\">Authority<\/span>; as provided in this article, to sell, lease, exchange, transfer, assign, or pledge any real or personal property or any interest therein, which sale, lease, or other transfer or assignment may be made for less than fair market value; as provided in this article, to dedicate, make a gift of, or lease for a nominal amount any real or personal property or any interest therein to the <span class=\"dictionary\">Commonwealth<\/span>, the <span class=\"dictionary\">City of Hampton<\/span>, or other localities or agencies, public or private, within the <span class=\"dictionary\">Area of Operation<\/span> or adjacent thereto, jointly or severally, for public use or benefit, such as, but not limited to, game preserves, playgrounds, park and recreational areas and facilities, hospitals, clinics, schools, and airports; to acquire, lease, maintain, alter, operate, improve, expand, sell, or otherwise dispose of onsite utility and infrastructure systems or sell any excess service capacity for offsite use; to acquire, lease, construct, maintain, and operate and dispose of tracks, spurs, crossings, terminals, warehouses, and terminal facilities of every kind and description necessary or useful in the transportation and storage of goods, wares, and merchandise; and to insure or provide for the insurance of any real or personal property or operation of the <span class=\"dictionary\">Authority<\/span> against any risks or hazards; <a id=\"paragraph-223894\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursements, in property or security in which fiduciaries may legally invest funds subject to their control; to purchase its <span class=\"dictionary\"><span class=\"dictionary\">bonds<\/span><\/span> at a price not more than the principal amount thereof and accrued interest, all <span class=\"dictionary\"><span class=\"dictionary\">bonds<\/span><\/span> so purchased to be cancelled; <a id=\"paragraph-223895\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> To undertake and carry out examinations, investigations, studies, and analyses of the business, industrial, agricultural, utility, transportation, and other economic development needs, requirements, and potentialities of its <span class=\"dictionary\">Area of Operation<\/span> or offsite needs, requirements, and potentialities that directly affect the success of the <span class=\"dictionary\">Authority<\/span> at Fort Monroe, and the manner in which such needs and requirements and potentialities are being met, or should be met, in <span class=\"dictionary\">order<\/span> to accomplish the purposes for which it is created; to make use of the <span class=\"dictionary\">facts<\/span> determined in such research and analyses in its own operation; and to make the results of such studies and analyses available to public bodies and to private individuals, groups, and businesses, except as such information may be exempted pursuant to the Virginia Freedom of Information Act (&#xA7; <a class=\"law\" title=\"Short title; policy\" href=\"\/2.2-3700\/\">2.2-3700<\/a> et seq.); <a id=\"paragraph-223896\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> To administer, develop, and maintain at Fort Monroe permanent commemorative cultural and historical museums and memorials; <a id=\"paragraph-223897\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> To adopt names, flags, seals, and other emblems for use in connection with such shrines and to copyright the same in the name of the <span class=\"dictionary\">Commonwealth<\/span>; <a id=\"paragraph-223898\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B7\" class=\"indent-1\"><p><span class=\"prefix-number\">7.<\/span> To enter into any <span class=\"dictionary\">contracts<\/span> not otherwise specifically authorized in this article to further the purposes of the <span class=\"dictionary\">Authority<\/span>, after approval as to form by the <span class=\"dictionary\">Attorney General<\/span>; <a id=\"paragraph-223899\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B8\" class=\"indent-1\"><p><span class=\"prefix-number\">8.<\/span> To establish nonprofit corporations as instrumentalities to assist in administering the affairs of the <span class=\"dictionary\">Authority<\/span>; <a id=\"paragraph-223900\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B8\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B9\" class=\"indent-1\"><p><span class=\"prefix-number\">9.<\/span> To exercise the power of eminent domain in the manner provided by Chapter 3 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/25.1-300\/\">25.1-300<\/a> et seq.) of Title 25.1 within the <span class=\"dictionary\">Authority<\/span>&#8217;s <span class=\"dictionary\">Area of Operation<\/span>; however, eminent domain may only be used to obtain easements across property on Fort Monroe for the provision of water, sewer, electrical, ingress and egress, and other necessary or useful services to further the purposes of the <span class=\"dictionary\">Authority<\/span>, unless the Governor has expressly granted <span class=\"dictionary\">authority<\/span> to obtain interests for other purposes; <a id=\"paragraph-223901\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B9\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B10\" class=\"indent-1\"><p><span class=\"prefix-number\">10.<\/span> To fix, charge, and collect rents, fees, and charges (i) for the use of, or the benefit derived from, the services or facilities provided, owned, operated, or financed by the <span class=\"dictionary\">Authority<\/span> benefiting property within the <span class=\"dictionary\">Authority<\/span>&#8217;s <span class=\"dictionary\">Area of Operation<\/span> and (ii) for the consumption within the <span class=\"dictionary\">Area of Operation<\/span> of goods and services being provided in exchange for value by any person or business located and operating, permanently or temporarily, within the <span class=\"dictionary\">Area of Operation<\/span>. Such rents, fees, and charges may be charged to and collected by such persons and in such manner as the <span class=\"dictionary\">Authority<\/span> may determine from (a) any person contracting for the services or using the <span class=\"dictionary\">Authority<\/span> facilities or (b) the owners, tenants, or customers of the real estate and improvements that are served by, or benefit from the use of, any such services or facilities, in such manner as shall be authorized by the <span class=\"dictionary\">Authority<\/span> in connection with the provision of such services or facilities. Such rents, fees, and charges shall not be chargeable to the <span class=\"dictionary\">Commonwealth<\/span> or, where such rents, fees or charges relate to services or facilities utilized by the <span class=\"dictionary\">City of Hampton<\/span> to provide municipal services, to the <span class=\"dictionary\">City of Hampton<\/span> except as may be provided by lease or other agreement and may be used to fund the provision of the additional, more complete, or more timely services authorized under subdivision 6 of &#xA7; <a class=\"law\" title=\"Duties of the Authority\" href=\"\/2.2-2339\/\">2.2-2339<\/a>, the payments provided under &#xA7; <a class=\"law\" title=\"Payments to Commonwealth or political subdivisions thereof; payments to the City of Hampton\" href=\"\/2.2-2342\/\">2.2-2342<\/a>, or for other purposes as the <span class=\"dictionary\">Authority<\/span> may determine to be appropriate, subject to the provisions of subsection B of &#xA7; <a class=\"law\" title=\"Payments to Commonwealth or political subdivisions thereof; payments to the City of Hampton\" href=\"\/2.2-2342\/\">2.2-2342<\/a>; <a id=\"paragraph-223902\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B10\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B11\" class=\"indent-1\"><p><span class=\"prefix-number\">11.<\/span> To receive and expend gifts, grants, and donations from whatever source derived for the purposes of the <span class=\"dictionary\">Authority<\/span>; <a id=\"paragraph-223903\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B11\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B12\" class=\"indent-1\"><p><span class=\"prefix-number\">12.<\/span> To employ a chief executive officer and such deputies and assistants as may be required; <a id=\"paragraph-223904\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B12\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B13\" class=\"indent-1\"><p><span class=\"prefix-number\">13.<\/span> To elect any past chairman of the <span class=\"dictionary\">Board<\/span> of <span class=\"dictionary\">Trustees<\/span> to the honorary position of chairman emeritus. Chairmen emeriti shall serve as honorary members for life. Chairmen emeriti shall be elected in addition to the nonlegislative citizen member positions defined in &#xA7; <a class=\"law\" title=\"Board of Trustees; membership\" href=\"\/2.2-2338\/\">2.2-2338<\/a>; <a id=\"paragraph-223905\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B13\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B14\" class=\"indent-1\"><p><span class=\"prefix-number\">14.<\/span> To determine what paintings, statuary, works of art, manuscripts, and artifacts may be acquired by purchase, gift, or loan and to exchange or sell the same if not inconsistent with the terms of such purchase, gift, loan, or other acquisition; <a id=\"paragraph-223906\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B14\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B15\" class=\"indent-1\"><p><span class=\"prefix-number\">15.<\/span> To change the form of investment of any funds, securities, or other property, real or personal, provided the same are not inconsistent with the terms of the instrument under which the same were acquired, and to sell, grant, or convey any such property, subject to the provisions of subsection A of &#xA7; <a class=\"law\" title=\"Additional declaration of policy; powers of the Authority; penalty\" href=\"\/2.2-2340\/\">2.2-2340<\/a>; <a id=\"paragraph-223907\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B15\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B16\" class=\"indent-1\"><p><span class=\"prefix-number\">16.<\/span> To cooperate with the federal government, the <span class=\"dictionary\">Commonwealth<\/span>, the <span class=\"dictionary\">City of Hampton<\/span>, or other nearby localities in the discharge of its enumerated powers; <a id=\"paragraph-223908\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B16\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B17\" class=\"indent-1\"><p><span class=\"prefix-number\">17.<\/span> To exercise all or any part or combination of powers granted in this article; <a id=\"paragraph-223909\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B17\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B18\" class=\"indent-1\"><p><span class=\"prefix-number\">18.<\/span> To do any and all other acts and things that may be reasonably necessary and convenient to carry out its purposes and powers; <a id=\"paragraph-223910\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B18\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B19\" class=\"indent-1\"><p><span class=\"prefix-number\">19.<\/span> To adopt, <span class=\"dictionary\">amend<\/span> or repeal, by the <span class=\"dictionary\">Board<\/span> of <span class=\"dictionary\">Trustees<\/span>, or the executive committee thereof, regulations concerning the use of, access to and visitation of properties under the control of the <span class=\"dictionary\">Authority<\/span> in <span class=\"dictionary\">order<\/span> to protect or secure such properties and the public enjoyment thereof, with any violation of such regulations being punishable by a civil <span class=\"dictionary\">penalty<\/span> of up to $100 for the first violation and up to $250 for any subsequent violation, such civil <span class=\"dictionary\">penalty<\/span> to be paid to the <span class=\"dictionary\">Authority<\/span>; <a id=\"paragraph-223911\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B19\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B20\" class=\"indent-1\"><p><span class=\"prefix-number\">20.<\/span> To provide parking and traffic rules and regulations on property owned by the <span class=\"dictionary\">Authority<\/span>; and <a id=\"paragraph-223912\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B20\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B21\" class=\"indent-1\"><p><span class=\"prefix-number\">21.<\/span> To provide that any person who knowingly violates a regulation of the <span class=\"dictionary\">Authority<\/span> may be requested by an agent or employee of the <span class=\"dictionary\">Authority<\/span> to leave the property and upon the failure of such person so to do shall be guilty of a trespass as provided in &#xA7; <a class=\"law\" title=\"Trespass after having been forbidden to do so; penalties\" href=\"\/18.2-119\/\">18.2-119<\/a>. <a id=\"paragraph-223913\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/2.2-2340\/#B21\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nADDITIONAL DECLARATION OF POLICY; POWERS OF THE AUTHORITY; PENALTY (\u00a7 2.2-2340)\n\nA. It is the policy of the Commonwealth that the historic, cultural, and natural\nresources of Fort Monroe be protected in any conveyance or alienation of real\nproperty interests by the Authority. Real property in the Area of Operation at\nFort Monroe may be maintained as Commonwealth-owned land that is leased, whether\nby short-term operating\/revenue lease or long-term ground lease, to appropriate\npublic, private, or joint venture entities, with such historic, cultural, and\nnatural resources being protected in any such lease, to be approved as to form\nby the Attorney General of the Commonwealth of Virginia. If sold as provided in\nthis article, real property interests in the Area of Operation at Fort Monroe\nmay only be sold under covenants, historic conservation easements, historic\npreservation easements, or other appropriate legal restrictions approved as to\nform by the Attorney General that protect these historic and natural resources.\nProperties in the Wherry Quarter and Inner Fort areas identified in the Fort\nMonroe Reuse Plan may only be sold with the consent of both the Governor and the\nGeneral Assembly, except that any transfer to the National Park Service shall\nrequire only the approval of the Governor. The proceeds from the sale or\npre-paid lease of any real or personal property within the Area of Operation\nshall be retained by the Authority and used for infrastructure improvements in\nthe Area of Operation.\n\nB. The Authority shall have the power and duty:\n\n   1. To sue and be sued; to adopt and use a common seal and to alter the same as\n   may be deemed expedient; to have perpetual succession; to make and execute\n   contracts and other instruments necessary or convenient to the exercise of the\n   powers of the Authority; and to make and from time to time amend and repeal\n   bylaws, rules, and regulations, not inconsistent with law, to carry into\n   effect the powers and purposes of the Authority;\n\n   2. To foster and stimulate the economic and other development of Fort Monroe,\n   including without limitation development for business, employment, housing,\n   commercial, recreational, educational, and other public purposes; to prepare\n   and carry out plans and projects to accomplish such objectives; to provide for\n   the construction, reconstruction, rehabilitation, reuse, improvement,\n   alteration, maintenance, removal, equipping, or repair of any buildings,\n   structures, or land of any kind; to lease or rent to others or to develop,\n   operate, or manage with others in a joint venture or other partnering\n   arrangement, on such terms as it deems proper and which are consistent with\n   the provisions of the Programmatic Agreement, Design Standards, and Reuse Plan\n   governing any lands, dwellings, houses, accommodations, structures, buildings,\n   facilities, or appurtenances embraced within Fort Monroe; to establish,\n   collect, and revise the rents charged and terms and conditions of occupancy\n   thereof; to terminate any such lease or rental obligation upon the failure of\n   the lessee or renter to comply with any of the obligations thereof; to arrange\n   or contract for the furnishing by any person or agency, public or private, of\n   works, services, privileges, or facilities in connection with any activity in\n   which the Authority may engage, provided, however, that if services are\n   provided by the City of Hampton pursuant to &#xA7; 2.2-2341 for which the City\n   is compensated pursuant to subsection B of &#xA7; 2.2-2342, then the Authority\n   may provide for additional, more complete, or more timely services than are\n   generally available in the City of Hampton as a whole if deemed necessary or\n   appropriate by the Authority; to acquire, own, hold, and improve real or\n   personal property; to purchase, lease, obtain options upon, acquire by gift,\n   grant, bequest, devise, easement, dedication, or otherwise any real or\n   personal property or any interest therein, which purchase, lease, or\n   acquisition may only be made for less than fair market value if the Board of\n   Trustees determines, upon the advice of the Attorney General, that the\n   transaction is consistent with the fiduciary obligation of the Authority to\n   the Commonwealth and if necessary or appropriate to further the purposes of\n   the Authority; as provided in this article, to sell, lease, exchange,\n   transfer, assign, or pledge any real or personal property or any interest\n   therein, which sale, lease, or other transfer or assignment may be made for\n   less than fair market value; as provided in this article, to dedicate, make a\n   gift of, or lease for a nominal amount any real or personal property or any\n   interest therein to the Commonwealth, the City of Hampton, or other localities\n   or agencies, public or private, within the Area of Operation or adjacent\n   thereto, jointly or severally, for public use or benefit, such as, but not\n   limited to, game preserves, playgrounds, park and recreational areas and\n   facilities, hospitals, clinics, schools, and airports; to acquire, lease,\n   maintain, alter, operate, improve, expand, sell, or otherwise dispose of\n   onsite utility and infrastructure systems or sell any excess service capacity\n   for offsite use; to acquire, lease, construct, maintain, and operate and\n   dispose of tracks, spurs, crossings, terminals, warehouses, and terminal\n   facilities of every kind and description necessary or useful in the\n   transportation and storage of goods, wares, and merchandise; and to insure or\n   provide for the insurance of any real or personal property or operation of the\n   Authority against any risks or hazards;\n\n   3. To invest any funds held in reserves or sinking funds, or any funds not\n   required for immediate disbursements, in property or security in which\n   fiduciaries may legally invest funds subject to their control; to purchase its\n   bonds at a price not more than the principal amount thereof and accrued\n   interest, all bonds so purchased to be cancelled;\n\n   4. To undertake and carry out examinations, investigations, studies, and\n   analyses of the business, industrial, agricultural, utility, transportation,\n   and other economic development needs, requirements, and potentialities of its\n   Area of Operation or offsite needs, requirements, and potentialities that\n   directly affect the success of the Authority at Fort Monroe, and the manner in\n   which such needs and requirements and potentialities are being met, or should\n   be met, in order to accomplish the purposes for which it is created; to make\n   use of the facts determined in such research and analyses in its own\n   operation; and to make the results of such studies and analyses available to\n   public bodies and to private individuals, groups, and businesses, except as\n   such information may be exempted pursuant to the Virginia Freedom of\n   Information Act (&#xA7; 2.2-3700 et seq.);\n\n   5. To administer, develop, and maintain at Fort Monroe permanent commemorative\n   cultural and historical museums and memorials;\n\n   6. To adopt names, flags, seals, and other emblems for use in connection with\n   such shrines and to copyright the same in the name of the Commonwealth;\n\n   7. To enter into any contracts not otherwise specifically authorized in this\n   article to further the purposes of the Authority, after approval as to form by\n   the Attorney General;\n\n   8. To establish nonprofit corporations as instrumentalities to assist in\n   administering the affairs of the Authority;\n\n   9. To exercise the power of eminent domain in the manner provided by Chapter 3\n   (&#xA7; 25.1-300 et seq.) of Title 25.1 within the Authority&#8217;s Area of\n   Operation; however, eminent domain may only be used to obtain easements across\n   property on Fort Monroe for the provision of water, sewer, electrical, ingress\n   and egress, and other necessary or useful services to further the purposes of\n   the Authority, unless the Governor has expressly granted authority to obtain\n   interests for other purposes;\n\n   10. To fix, charge, and collect rents, fees, and charges (i) for the use of,\n   or the benefit derived from, the services or facilities provided, owned,\n   operated, or financed by the Authority benefiting property within the\n   Authority&#8217;s Area of Operation and (ii) for the consumption within the\n   Area of Operation of goods and services being provided in exchange for value\n   by any person or business located and operating, permanently or temporarily,\n   within the Area of Operation. Such rents, fees, and charges may be charged to\n   and collected by such persons and in such manner as the Authority may\n   determine from (a) any person contracting for the services or using the\n   Authority facilities or (b) the owners, tenants, or customers of the real\n   estate and improvements that are served by, or benefit from the use of, any\n   such services or facilities, in such manner as shall be authorized by the\n   Authority in connection with the provision of such services or facilities.\n   Such rents, fees, and charges shall not be chargeable to the Commonwealth or,\n   where such rents, fees or charges relate to services or facilities utilized by\n   the City of Hampton to provide municipal services, to the City of Hampton\n   except as may be provided by lease or other agreement and may be used to fund\n   the provision of the additional, more complete, or more timely services\n   authorized under subdivision 6 of &#xA7; 2.2-2339, the payments provided under\n   &#xA7; 2.2-2342, or for other purposes as the Authority may determine to be\n   appropriate, subject to the provisions of subsection B of &#xA7; 2.2-2342;\n\n   11. To receive and expend gifts, grants, and donations from whatever source\n   derived for the purposes of the Authority;\n\n   12. To employ a chief executive officer and such deputies and assistants as\n   may be required;\n\n   13. To elect any past chairman of the Board of Trustees to the honorary\n   position of chairman emeritus. Chairmen emeriti shall serve as honorary\n   members for life. Chairmen emeriti shall be elected in addition to the\n   nonlegislative citizen member positions defined in &#xA7; 2.2-2338;\n\n   14. To determine what paintings, statuary, works of art, manuscripts, and\n   artifacts may be acquired by purchase, gift, or loan and to exchange or sell\n   the same if not inconsistent with the terms of such purchase, gift, loan, or\n   other acquisition;\n\n   15. To change the form of investment of any funds, securities, or other\n   property, real or personal, provided the same are not inconsistent with the\n   terms of the instrument under which the same were acquired, and to sell,\n   grant, or convey any such property, subject to the provisions of subsection A\n   of &#xA7; 2.2-2340;\n\n   16. To cooperate with the federal government, the Commonwealth, the City of\n   Hampton, or other nearby localities in the discharge of its enumerated powers;\n\n   17. To exercise all or any part or combination of powers granted in this\n   article;\n\n   18. To do any and all other acts and things that may be reasonably necessary\n   and convenient to carry out its purposes and powers;\n\n   19. To adopt, amend or repeal, by the Board of Trustees, or the executive\n   committee thereof, regulations concerning the use of, access to and visitation\n   of properties under the control of the Authority in order to protect or secure\n   such properties and the public enjoyment thereof, with any violation of such\n   regulations being punishable by a civil penalty of up to $100 for the first\n   violation and up to $250 for any subsequent violation, such civil penalty to\n   be paid to the Authority;\n\n   20. To provide parking and traffic rules and regulations on property owned by\n   the Authority; and\n\n   21. To provide that any person who knowingly violates a regulation of the\n   Authority may be requested by an agent or employee of the Authority to leave\n   the property and upon the failure of such person so to do shall be guilty of a\n   trespass as provided in &#xA7; 18.2-119.\n\nHISTORY: 2011, c. 716; 2012, cc. 436, 482; 2014, cc. 676, 681; 2023, cc. 209,\n210; 2024, cc. 34, 114.","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}}