                                 CODE OF VIRGINIA

LEASE OF LANDS AND OTHER PROPERTIES (§ 10.1-109)

A. The Director is authorized, subject to the written recommendation of the
Department of General Services to the Governor and the written approval of the
Governor, following review as to form and content by the Attorney General and
the provisions of this article, to lease to any person for consideration, by
appropriate instrument signed and executed by the Director, in the name of the
Commonwealth: (i) any lands or other properties held for general recreational or
other public purposes by the Department, for the Commonwealth, or (ii) any lands
over which the Department has supervision and control, or any part of such lands
where such lease is for the purposes of recreation, agriculture, or resource
management and is consistent with the purposes and duties of the Department.
Notwithstanding the provisions of subdivision (ii), whenever land is acquired by
purchase or otherwise for public recreation and conservation purposes under the
administration of the Department, the Director is authorized to lease the land
or any portion of it back to the owner from whom the land is acquired upon terms
and conditions in the public interest. No lease granted under this section shall
be for an initial term longer than ten years, but any such lease may contain
provisions for lease renewals, either contingent or automatic at the discretion
of the Director, for a like period upon the same terms and conditions as
originally granted. If written notice of termination is received by the Director
from the lessee or if use of the lease is in fact abandoned by the lessee at any
time prior to the end of the initial term or any renewal, the Director may
immediately terminate the lease.

B. The Director is authorized to lease state-owned housing under the control of
the Department to state employees. Such leases shall be approved as to form and
content by the Attorney General and the Department of General Services. The
leasing of Department-controlled housing to state employees shall be for the
purposes of providing security and operational efficiencies to property of the
Department and shall not cause the property to be considered surplus to the
agency&#8217;s need. If the Director determines that the availability of
state-owned housing is inadequate to meet the onsite security and operational
efficiencies requirements for Department-owned property, he may lease
residential property not owned by the Commonwealth from prospective landlords
for the purposes of subleasing to state employees who otherwise qualify for
leasing state-owned housing. Such leases and subleases shall be approved by the
Director.

C. Property leased under this section shall not be considered surplus to the
agency&#8217;s need.

D. The Department shall include information about leasing activities carried out
pursuant to this section in an annual report to the General Assembly.

HISTORY: 1978, c. 835, § 10-17.114; 1980, c. 451; 1984, c. 739; 1987, c. 453;
1988, c. 891; 1991, c. 461; 2008, c. 22; 2021, Sp. Sess. I, c. 400.