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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>54389</law_id><section_number>22.1-129</section_number><catch_line>Surplus property; sale, exchange or lease of real and personal property</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>15.2-1800.1</reference><reference>22.1-199.1</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="22.1">Education</unit><unit label="chapter" level="2" order_by="1" identifier="9">School Property</unit><unit label="article" level="3" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Whenever a <span class="dictionary">school board</span> determines that it has no use for some of its real property, the <span class="dictionary">school board</span> may sell such property and may retain all or a portion of the proceeds of such sale upon approval of the <span class="dictionary">local governing body</span> and after the <span class="dictionary">school board</span> has held a public <span class="dictionary">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 <span class="dictionary">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 <span class="dictionary">circuit</span> <span class="dictionary">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. <a id="paragraph-199676" class="section-permalink" href="https://vacode.org/22.1-129/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> A <span class="dictionary">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 <span class="dictionary">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. <a id="paragraph-199677" class="section-permalink" href="https://vacode.org/22.1-129/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> Notwithstanding the provisions of subsections A and B, a <span class="dictionary">school board</span> shall have the power to sell career and technical education projects and associated land pursuant to &#xA7; <a class="law" title="Acquisition of sites for projects; sale of completed projects and other school board property" href="/22.1-234/">22.1-234</a>.
			Notwithstanding the provisions of subsections A and B, a <span class="dictionary">school board</span> of the City of Virginia Beach shall have the power to sell property to the Virginia <span class="dictionary">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. <a id="paragraph-199678" class="section-permalink" href="https://vacode.org/22.1-129/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> <span class="dictionary">School boards</span> may donate obsolete educational technology hardware and software that is being replaced pursuant to subsection B of &#xA7; <a class="law" title="Programs designed to promote educational opportunities" href="/22.1-199.1/">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 <span class="dictionary">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 &#xA7; 501(c)(3) of the Internal Revenue Code. <a id="paragraph-199679" class="section-permalink" href="https://vacode.org/22.1-129/#D"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 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.</history><metadata></metadata></law>
