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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>68188</law_id><section_number>10.1-648</section_number><catch_line>Acquisition of lands, easements, and rights-of-way</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="10.1">Conservation</unit><unit label="subtitle" level="2" order_by="1" identifier="I">Activities Administered by the Department of Conservation and Recreation</unit><unit label="chapter" level="3" order_by="1" identifier="6">Flood Protection and Dam Safety</unit><unit label="article" level="4" order_by="1" identifier="4">Conservation, Small Watersheds Flood Control and Area Development Fund</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> The <span class="dictionary">Board</span>, in addition to the provisions of &#xA7;&#xA0;<a class="law" title="Purposes for which fund to be used" href="/10.1-638/">10.1-638</a>, may use <span class="dictionary">funds</span> from the <span class="dictionary">revolving fund</span> to pay the cost of the purchase of needed lands, easements, and rights-of-way, or to share the costs thereof with soil and water conservation districts for soil and water conservation and flood control needs when the following conditions have been met: <a id="paragraph-246807" class="section-permalink" href="https://vacode.org/10.1-648/#A"><i class="fa fa-link"/></a></p></section>
						<section id="A1" class="indent-1"><p><span class="prefix-number">1.</span> The program of work for the project has been found by the <span class="dictionary">Board</span> to be feasible, practicable and will promote the health, safety, and general welfare of the people of the Commonwealth; <a id="paragraph-246808" class="section-permalink" href="https://vacode.org/10.1-648/#A1"><i class="fa fa-link"/></a></p></section>
						<section id="A2" class="indent-1"><p><span class="prefix-number">2.</span> The soil and water conservation district or its cosponsors of the project have obtained a minimum of seventy-five percent of the necessary lands, easements, and rights-of-way in the project, or portion of a project (subwatershed) for which <span class="dictionary">funds</span> are requested prior to the use of <span class="dictionary">funds</span> for this purpose; <a id="paragraph-246809" class="section-permalink" href="https://vacode.org/10.1-648/#A2"><i class="fa fa-link"/></a></p></section>
						<section id="A3" class="indent-1"><p><span class="prefix-number">3.</span> The district and its cosponsors, if any, have submitted a plat to the <span class="dictionary">Board</span> showing the lands, easements and rights-of-way previously acquired, as well as the remaining lands, easements and rights-of-way necessary to the project but not acquired. In addition, the <span class="dictionary">Board</span> may require any other information which it deems necessary. The district and cosponsors shall certify to the <span class="dictionary">Board</span> that <span class="dictionary">funds</span> are unobtainable from any other source to acquire the remaining land, easements, and rights-of-way necessary to the project, in whole or in part; <a id="paragraph-246810" class="section-permalink" href="https://vacode.org/10.1-648/#A3"><i class="fa fa-link"/></a></p></section>
						<section id="A4" class="indent-1"><p><span class="prefix-number">4.</span> The <span class="dictionary">funds</span> to be used for lands, easements, and rights-of-way shall be granted to the district or cosponsor of the project in whose name the land, easement, or right-of-way shall be recorded. <a id="paragraph-246811" class="section-permalink" href="https://vacode.org/10.1-648/#A4"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> No later than ten years from the purchase of lands and rights-of-way with the <span class="dictionary">funds</span> provided by this section for soil and water conservation and flood control needs, or upon the completion of the watershed project, or a portion of the project (subwatershed) and upon written demand of the owners, their heirs or assigns from whom such land and rights-of-way were acquired, such property shall be reconveyed by the district or cosponsor to the former owners, their heirs or assigns, upon repayment of the original purchase price, without interest, unless such lands and rights-of-way are granted or retained for public purposes as hereinafter provided. After ten years, and no later than twelve years after the purchase date of lands and rights-of-way with the <span class="dictionary">funds</span> provided by this section, unless such lands and rights-of-way are granted or retained for public purposes or reconveyed as provided above, it shall be the duty of the district or cosponsor, to sell the property purchased wholly or partially from the <span class="dictionary">funds</span> provided by this section. The <span class="dictionary">Board</span> shall specify the terms for any such sale. Upon the sale or reconveyance of such property, the district or cosponsor shall remit to the <span class="dictionary">Board</span> a pro rata share of the proceeds of such sale or repayment pursuant to a reconveyance, equal to the percentage of the total cost of the acquisition of such property from any allocation of <span class="dictionary">funds</span> made hereunder and all such remittances shall be deposited to the <span class="dictionary">revolving fund</span>. The district or cosponsor of the project in whose name the acquisition of the land or rights-of-way to be sold is recorded shall retain any easement or right-of-way to assure the continued operation, maintenance, inspection, and repair of the works of improvement constructed on the land to be sold. The district and cosponsor of a project, with the approval of the <span class="dictionary">Board</span>, may grant for public purposes fee title to lands and rights-of-way acquired under the provisions of this section to any political subdivision, including a cosponsor, an agency of the state or federal government, or a regional park authority. <a id="paragraph-246812" class="section-permalink" href="https://vacode.org/10.1-648/#B"><i class="fa fa-link"/></a></p></section></text><history>1970, c. 591, &#xA7; 21-11.14; 1988, c. 891.</history><metadata></metadata></law>
