                                 CODE OF VIRGINIA

PURCHASE OF LANDS AND ACCEPTANCE OF GIFTS FOR FORESTRY PURPOSES BY THE STATE
FORESTER; MANAGEMENT; DEFINITION OF STATE FORESTS (§ 10.1-1107)

A. The State Forester shall have authority to purchase in the name of the
Commonwealth lands suitable for state forests. He may accept for state forest
purposes gifts, devises and bequests of real and personal property as well as
endowments, funds, and grants from any source. Unless otherwise restricted by
the terms of the gift, devise or bequest, the State Forester is authorized, in
the name of the Commonwealth, to convey or lease any such real property given to
it, with the consent and approval of the Governor and the General Assembly and
the approval of the instrument as to form by the Attorney General. Mineral and
mining rights over and under land donated may be reserved by the donors.

B. The State Forester shall have the power and authority to accept gifts,
donations and contributions of land, and to enter into agreements for the
acquisition by purchase, lease or otherwise with, the United States, or any
agency or agent thereof, of lands for state forests.

C. The State Forester shall have authority to provide for the management,
development and utilization of any lands purchased, leased or otherwise
acquired, to sell or otherwise dispose of products on or derived from the land,
and to enforce regulations governing state forests, the care and maintenance
thereof, and the prevention of trespassing thereon, and such other regulations
deemed necessary to carry out the provisions of this section. Approval by the
Governor or General Assembly shall not be required for the sale or harvesting of
timber on state forest lands or other lands over which the Department has
supervision and control.

D. In exercising the powers conferred by this section, the State Forester shall
not obligate the Commonwealth for any expenditure in excess of any funds either
donated or appropriated to the Department for such purpose.

E. One-fourth of the gross proceeds derived from timber sales on any state
forest lands so acquired by the State Forester shall be paid annually by the
State Forester to the counties in which such lands are respectively located, and
shall become a part of the general funds of such counties, except for
Appomattox, Buckingham and Cumberland Counties. For the Counties of Appomattox,
Buckingham and Cumberland, one-eighth of the gross proceeds derived from timber
sales on any state forest lands acquired in these counties shall become part of
the general funds of these counties and one-eighth shall be expended annually by
the Department, upon consultation with each county, for the enhancement of
recreational opportunities on those state forest lands located in the county.
This subsection shall not apply to properties acquired or managed for nonstate
forest purposes.

F. As used in this chapter unless the context requires a different meaning,
&#8220;state forest&#8221; means lands acquired for the Commonwealth by
purchase, gift or lease pursuant to this section. These lands shall be managed
and protected for scientific, recreational and educational purposes. Uses of the
state forests shall include, but not be limited to, research, demonstrations,
tours, soil and water management and protection, hunting, fishing and other
recreational activities.

G. All acquisitions of real property under this section shall be subject to the
provisions of &#xA7; 2.2-1149. The Attorney General shall approve the form of
the instruments prior to execution.

HISTORY: Code 1950, § 10-33; 1984, c. 750; 1986, c. 567; 1988, c. 891; 1999, c.
201; 2007, c. 689; 2009, c. 43; 2012, cc. 197, 248.