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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>67773</law_id><section_number>15.2-1800.1</section_number><catch_line>Tenancy in common with school board for certain property</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="15.2">Counties, Cities and Towns</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Powers of Local Government</unit><unit label="chapter" level="3" order_by="1" identifier="18">Buildings, Monuments and Lands Generally</unit><unit label="article" level="4" order_by="1" identifier="1">Purchase, Sale, etc., of Real Property</unit></structure><text>
						<section><p>Notwithstanding the provisions of &#xA7;&#xA0;<a class="law" title="Title to property vested in school board; exception; extent of school board's authority" href="/22.1-125/">22.1-125</a> or any other provision of <span class="dictionary">law</span>, whenever a <span class="dictionary">locality</span> has incurred a financial obligation, payable over more than one fiscal year, to fund the acquisition, construction or improvement of public school property, the local <span class="dictionary">governing body</span> of the <span class="dictionary">locality</span> shall be deemed to have acquired title to such school property, as a tenant in common with the local school board, for the term of such financial obligation. Such tenancy in common shall arise by operation of <span class="dictionary">law</span> when such financial obligation is incurred by the local <span class="dictionary">governing body</span>, and shall terminate by operation of <span class="dictionary">law</span> when such financial obligation has been paid in full. Neither the creation nor the termination of this tenancy in common shall require the execution or recordation of any deed of conveyance by either the school board or the <span class="dictionary">governing body</span>. If the school property in question is used by more than one school division, such tenancy in common shall arise and terminate on the same basis in each of the participating localities. Nothing in this section shall alter the authority or responsibility of local school boards to control and regulate the use of the property during the existence of such tenancy in common, nor shall it confer to the local <span class="dictionary">governing body</span> any additional powers over school board decisions relative to school board property, including actions taken pursuant to &#xA7;&#xA0;<a class="law" title="Surplus property; sale, exchange or lease of real and personal property" href="/22.1-129/">22.1-129</a> of the Code. Notwithstanding the foregoing, any local <span class="dictionary">governing body</span> may elect not to acquire tenancy in common to some or all of the public school property in its <span class="dictionary">locality</span>, by adopting a resolution declining such tenancy in common for current and future financial obligations.</p></section></text><history>2002, c. 674.</history><metadata></metadata></law>
