{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/22.1-129.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/22.1-129.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/22.1-129.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/22.1-129.html"}],"law_id":54389,"edition_id":1,"section_id":54389,"structure_id":13420,"section_number":"22.1-129","catch_line":"Surplus property; sale, exchange or lease of real and personal property","history":"Code 1950, \u00a7 22-161; 1968, c. 261; 1973, c. 220; 1980, c. 559; 1989, c. 102; 1991, c. 298; 1995, c. 513; 1997, c. 686; 2000, c. 93; 2001, c. 483; 2005, c. 446; 2007, c. 813; 2010, c. 763; 2012, cc. 805, 836; 2022, c. 355.","full_text":"A\n\nWhenever a school board determines that it has no use for some of its real property, the school board may sell such property and may retain all or a portion of the proceeds of such sale upon approval of the local governing body and after the school board has held a public hearing on such sale and retention of proceeds, or may convey the title to such real property to the county or city or town comprising the school division or, if the school division is composed of more than one county or city, to the county or city in which the property is located. To convey the title, the school board shall adopt a resolution that such real property is surplus and shall record such resolution along with the deed to the property with the clerk of the circuit court for the county or city where such property is located. Upon the recording of the resolution and the deed, the title shall vest in the appropriate county, city or town.B\n\nA school board shall have the power to exchange real and personal property, to lease real and personal property either as lessor or lessee, to grant easements on real property, to convey real property in trust to secure loans, to convey real property to adjust the boundaries of the property and to sell personal property in such manner and upon such terms as it deems proper. As lessee of real property, a school board shall have the power to expend funds for capital repairs and improvements on such property, if the lease is for a term equal to or longer than the useful life of such repairs or improvements.C\n\nNotwithstanding the provisions of subsections A and B, a school board shall have the power to sell career and technical education projects and associated land pursuant to § 22.1-234.\n\t\t\tNotwithstanding the provisions of subsections A and B, a school board of the City of Virginia Beach shall have the power to sell property to the Virginia Department of Transportation or the Commissioner of Highways when the Commissioner has determined that (i) such conveyance is necessary and (ii) when eminent domain has been authorized for the construction, reconstruction, alteration, maintenance, and repair of the public highways of the Commonwealth, and for all other purposes incidental thereto, including the relocation of public utilities as may be required.D\n\nSchool boards may donate obsolete educational technology hardware and software that is being replaced pursuant to subsection B of § 22.1-199.1. Any such donations shall be offered to other school divisions, to students, as provided in Board guidelines, and to preschool programs in the Commonwealth. In addition, elected school boards may donate such obsolete educational technology hardware and software and other obsolete personal property to a Virginia nonprofit organization which is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.","order_by":null,"text":{"0":{"id":199676,"text":"Whenever a school board determines that it has no use for some of its real property, the school board may sell such property and may retain all or a portion of the proceeds of such sale upon approval of the local governing body and after the school board has held a public hearing on such sale and retention of proceeds, or may convey the title to such real property to the county or city or town comprising the school division or, if the school division is composed of more than one county or city, to the county or city in which the property is located. To convey the title, the school board shall adopt a resolution that such real property is surplus and shall record such resolution along with the deed to the property with the clerk of the circuit court for the county or city where such property is located. Upon the recording of the resolution and the deed, the title shall vest in the appropriate county, city or town.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":199677,"text":"A school board shall have the power to exchange real and personal property, to lease real and personal property either as lessor or lessee, to grant easements on real property, to convey real property in trust to secure loans, to convey real property to adjust the boundaries of the property and to sell personal property in such manner and upon such terms as it deems proper. As lessee of real property, a school board shall have the power to expend funds for capital repairs and improvements on such property, if the lease is for a term equal to or longer than the useful life of such repairs or improvements.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":199678,"text":"Notwithstanding the provisions of subsections A and B, a school board shall have the power to sell career and technical education projects and associated land pursuant to § 22.1-234.\n\t\t\tNotwithstanding the provisions of subsections A and B, a school board of the City of Virginia Beach shall have the power to sell property to the Virginia Department of Transportation or the Commissioner of Highways when the Commissioner has determined that (i) such conveyance is necessary and (ii) when eminent domain has been authorized for the construction, reconstruction, alteration, maintenance, and repair of the public highways of the Commonwealth, and for all other purposes incidental thereto, including the relocation of public utilities as may be required.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":199679,"text":"School boards may donate obsolete educational technology hardware and software that is being replaced pursuant to subsection B of § 22.1-199.1. Any such donations shall be offered to other school divisions, to students, as provided in Board guidelines, and to preschool programs in the Commonwealth. In addition, elected school boards may donate such obsolete educational technology hardware and software and other obsolete personal property to a Virginia nonprofit organization which is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13420,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13419,"metadata":{},"date_created":"2026-06-26 03:44:51","date_modified":"2026-06-26 03:44:51","permalink":{"id":184421,"object_type":"structure","relational_id":13420,"identifier":"1","token":"22.1\/9\/1","url":"\/22.1\/9\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13419,"edition_id":1,"name":"School Property","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":12823,"metadata":{},"date_created":"2026-06-26 03:44:51","date_modified":"2026-06-26 03:44:51","permalink":{"id":184419,"object_type":"structure","relational_id":13419,"identifier":"9","token":"22.1\/9","url":"\/22.1\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12823,"edition_id":1,"name":"Education","identifier":"22.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":180949,"object_type":"structure","relational_id":12823,"identifier":"22.1","token":"22.1","url":"\/22.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57012,"structure_id":13420,"section_number":"22.1-125","catch_line":"Title to property vested in school board; exception; extent of school board's authority","url":"\/22.1-125\/","token":"22.1\/9\/1\/22.1-125","metadata":false},{"id":69974,"structure_id":13420,"section_number":"22.1-126","catch_line":"Property given, devised or bequeathed to school board","url":"\/22.1-126\/","token":"22.1\/9\/1\/22.1-126","metadata":false},{"id":79875,"structure_id":13420,"section_number":"22.1-126.1","catch_line":"Acquisition of property for educational purposes by counties, cities and towns","url":"\/22.1-126.1\/","token":"22.1\/9\/1\/22.1-126.1","metadata":false},{"id":67140,"structure_id":13420,"section_number":"22.1-127","catch_line":"Condemnation of land for school purposes; right of entry; location of school outside boundaries of school division","url":"\/22.1-127\/","token":"22.1\/9\/1\/22.1-127","metadata":false},{"id":69347,"structure_id":13420,"section_number":"22.1-128","catch_line":"Title to school board real estate","url":"\/22.1-128\/","token":"22.1\/9\/1\/22.1-128","metadata":false},{"id":54389,"structure_id":13420,"section_number":"22.1-129","catch_line":"Surplus property; sale, exchange or lease of real and personal property","url":"\/22.1-129\/","token":"22.1\/9\/1\/22.1-129","metadata":false},{"id":58187,"structure_id":13420,"section_number":"22.1-129.1","catch_line":"Transfer of assistive technology devices","url":"\/22.1-129.1\/","token":"22.1\/9\/1\/22.1-129.1","metadata":false},{"id":70366,"structure_id":13420,"section_number":"22.1-130","catch_line":"Authority to acquire property from United States or any agency thereof","url":"\/22.1-130\/","token":"22.1\/9\/1\/22.1-130","metadata":false},{"id":65144,"structure_id":13420,"section_number":"22.1-130.1","catch_line":"Access to high schools and high school students for military recruiters","url":"\/22.1-130.1\/","token":"22.1\/9\/1\/22.1-130.1","metadata":false},{"id":86786,"structure_id":13420,"section_number":"22.1-131","catch_line":"Boards may permit use of various school property; general conditions; electric vehicle charging stations","url":"\/22.1-131\/","token":"22.1\/9\/1\/22.1-131","metadata":false},{"id":65830,"structure_id":13420,"section_number":"22.1-131.1","catch_line":"Certain school board property; establishment of gun-free zone permitted","url":"\/22.1-131.1\/","token":"22.1\/9\/1\/22.1-131.1","metadata":false},{"id":56217,"structure_id":13420,"section_number":"22.1-132","catch_line":"Boards may impose certain conditions on use of property","url":"\/22.1-132\/","token":"22.1\/9\/1\/22.1-132","metadata":false},{"id":80027,"structure_id":13420,"section_number":"22.1-132.01","catch_line":"Youth-oriented, community organizations on school property","url":"\/22.1-132.01\/","token":"22.1\/9\/1\/22.1-132.01","metadata":false},{"id":59188,"structure_id":13420,"section_number":"22.1-132.1","catch_line":"Daycare programs in certain localities","url":"\/22.1-132.1\/","token":"22.1\/9\/1\/22.1-132.1","metadata":false},{"id":55643,"structure_id":13420,"section_number":"22.1-132.2","catch_line":"Integrated pest management on school property","url":"\/22.1-132.2\/","token":"22.1\/9\/1\/22.1-132.2","metadata":false},{"id":65209,"structure_id":13420,"section_number":"22.1-133","catch_line":"Flags","url":"\/22.1-133\/","token":"22.1\/9\/1\/22.1-133","metadata":false},{"id":67891,"structure_id":13420,"section_number":"22.1-134","catch_line":"Maintenance, etc., of school buildings and buses by county department of public works","url":"\/22.1-134\/","token":"22.1\/9\/1\/22.1-134","metadata":false}],"previous_section":{"id":69347,"structure_id":13420,"section_number":"22.1-128","catch_line":"Title to school board real estate","url":"\/22.1-128\/","token":"22.1\/9\/1\/22.1-128","metadata":false},"next_section":{"id":58187,"structure_id":13420,"section_number":"22.1-129.1","catch_line":"Transfer of assistive technology devices","url":"\/22.1-129.1\/","token":"22.1\/9\/1\/22.1-129.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/22.1-129\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 14 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 1968, chapter 261; in 1973, chapter 220; in 1980, chapter 559; in 1989, chapter 102; in 1991, chapter 298; in 1995, chapter 513<\/a>; in 1997, chapter 686<\/a>; in 2000, chapter 93<\/a>; in 2001, chapter 483<\/a>; in 2005, chapter 446<\/a>; in 2007, chapter 813<\/a>; in 2010, chapter 763<\/a>; in 2012, chapters 805<\/a> and 836<\/a>; in 2022, chapter 355<\/a>.<\/p>","references":[{"id":67773,"section_number":"15.2-1800.1","catch_line":"Tenancy in common with school board for certain property","order_by":null,"url":"\/15.2-1800.1\/"},{"id":80944,"section_number":"22.1-199.1","catch_line":"Programs designed to promote educational opportunities","order_by":null,"url":"\/22.1-199.1\/"}],"refers_to":[{"id":80944,"section_number":"22.1-199.1","catch_line":"Programs designed to promote educational opportunities","order_by":null,"url":"\/22.1-199.1\/"},{"id":83131,"section_number":"22.1-234","catch_line":"Acquisition of sites for projects; sale of completed projects and other school board property","order_by":null,"url":"\/22.1-234\/"}],"permalink":{"id":184443,"object_type":"law","relational_id":54389,"identifier":"22.1-129","token":"22.1\/9\/1\/22.1-129","url":"\/22.1-129\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/22.1-129\/","token":"22.1\/9\/1\/22.1-129","dublin_core":{"Title":"Surplus property; sale, exchange or lease of real and personal property","Type":"Text","Format":"text\/html","Identifier":"\u00a7 22.1-129","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whenever a school board<\/span> determines that it has no use for some of its real property, the school board<\/span> may sell such property and may retain all or a portion of the proceeds of such sale upon approval of the local governing body<\/span> and after the school board<\/span> has held a public hearing<\/span> on such sale and retention of proceeds, or may convey the title to such real property to the county or city or town comprising the school division or, if the school division is composed of more than one county or city, to the county or city in which the property is located. To convey the title, the school board<\/span> shall adopt a resolution that such real property is surplus and shall record such resolution along with the deed to the property with the clerk of the circuit<\/span> court<\/span> for the county or city where such property is located. Upon the recording of the resolution and the deed, the title shall vest in the appropriate county, city or town. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A school board<\/span> shall have the power to exchange real and personal property, to lease real and personal property either as lessor or lessee, to grant easements on real property, to convey real property in trust to secure loans, to convey real property to adjust the boundaries of the property and to sell personal property in such manner and upon such terms as it deems proper. As lessee of real property, a school board<\/span> shall have the power to expend funds for capital repairs and improvements on such property, if the lease is for a term equal to or longer than the useful life of such repairs or improvements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding the provisions of subsections A and B, a school board<\/span> shall have the power to sell career and technical education projects and associated land pursuant to § 22.1-234<\/a>.\n\t\t\tNotwithstanding the provisions of subsections A and B, a school board<\/span> of the City of Virginia Beach shall have the power to sell property to the Virginia Department<\/span> of Transportation or the Commissioner of Highways when the Commissioner has determined that (i) such conveyance is necessary and (ii) when eminent domain has been authorized for the construction, reconstruction, alteration, maintenance, and repair of the public highways of the Commonwealth, and for all other purposes incidental thereto, including the relocation of public utilities as may be required. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> School boards<\/span> may donate obsolete educational technology hardware and software that is being replaced pursuant to subsection B of § 22.1-199.1<\/a>. Any such donations shall be offered to other school divisions, to students, as provided in Board guidelines, and to preschool programs in the Commonwealth. In addition, elected school boards<\/span> may donate such obsolete educational technology hardware and software and other obsolete personal property to a Virginia nonprofit organization which is exempt from taxation under § 501(c)(3) of the Internal Revenue Code. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSURPLUS PROPERTY; SALE, EXCHANGE OR LEASE OF REAL AND PERSONAL PROPERTY (\u00a7\n22.1-129)\n\nA. Whenever a school board determines that it has no use for some of its real\nproperty, the school board may sell such property and may retain all or a\nportion of the proceeds of such sale upon approval of the local governing body\nand after the school board has held a public hearing on such sale and retention\nof proceeds, or may convey the title to such real property to the county or city\nor town comprising the school division or, if the school division is composed of\nmore than one county or city, to the county or city in which the property is\nlocated. To convey the title, the school board shall adopt a resolution that\nsuch real property is surplus and shall record such resolution along with the\ndeed to the property with the clerk of the circuit court for the county or city\nwhere such property is located. Upon the recording of the resolution and the\ndeed, the title shall vest in the appropriate county, city or town.\n\nB. A school board shall have the power to exchange real and personal property,\nto lease real and personal property either as lessor or lessee, to grant\neasements on real property, to convey real property in trust to secure loans, to\nconvey real property to adjust the boundaries of the property and to sell\npersonal property in such manner and upon such terms as it deems proper. As\nlessee of real property, a school board shall have the power to expend funds for\ncapital repairs and improvements on such property, if the lease is for a term\nequal to or longer than the useful life of such repairs or improvements.\n\nC. Notwithstanding the provisions of subsections A and B, a school board shall\nhave the power to sell career and technical education projects and associated\nland pursuant to § 22.1-234.\n\t\t\tNotwithstanding the provisions of subsections A and B, a school board of the\nCity of Virginia Beach shall have the power to sell property to the Virginia\nDepartment of Transportation or the Commissioner of Highways when the\nCommissioner has determined that (i) such conveyance is necessary and (ii) when\neminent domain has been authorized for the construction, reconstruction,\nalteration, maintenance, and repair of the public highways of the Commonwealth,\nand for all other purposes incidental thereto, including the relocation of\npublic utilities as may be required.\n\nD. School boards may donate obsolete educational technology hardware and\nsoftware that is being replaced pursuant to subsection B of § 22.1-199.1.\nAny such donations shall be offered to other school divisions, to students, as\nprovided in Board guidelines, and to preschool programs in the Commonwealth. In\naddition, elected school boards may donate such obsolete educational technology\nhardware and software and other obsolete personal property to a Virginia\nnonprofit organization which is exempt from taxation under § 501(c)(3) of\nthe Internal Revenue Code.\n\nHISTORY: Code 1950, \u00a7 22-161; 1968, c. 261; 1973, c. 220; 1980, c. 559; 1989,\nc. 102; 1991, c. 298; 1995, c. 513; 1997, c. 686; 2000, c. 93; 2001, c. 483;\n2005, c. 446; 2007, c. 813; 2010, c. 763; 2012, cc. 805, 836; 2022, c. 355.","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}}