                                 CODE OF VIRGINIA

DIVERSION OF PROPERTY FROM OPEN-SPACE LAND USE; CONVEYANCE OR LEASE OF
OPEN-SPACE LAND (§ 10.1-1704)

A. No open-space land, the title to or interest or right in which has been
acquired under this chapter and which has been designated as open-space land
under the authority of this chapter, shall be converted or diverted from
open-space land use unless (i) the conversion or diversion is determined by the
public body to be (a) essential to the orderly development and growth of the
locality and (b) in accordance with the official comprehensive plan for the
locality in effect at the time of conversion or diversion and (ii) there is
substituted other real property which is (a) of at least equal fair market
value, (b) of greater value as permanent open-space land than the land converted
or diverted and (c) of as nearly as feasible equivalent usefulness and location
for use as permanent open-space land as is the land converted or diverted. The
public body shall assure that the property substituted will be subject to the
provisions of this chapter.

B. A public body may convey or lease any real property it has acquired and which
has been designated for the purposes of this chapter. The conveyance or lease
shall be subject to contractual arrangements that will preserve the property as
open-space land, unless the property is to be converted or diverted from
open-space land use in accordance with the provisions of subsection A of this
section.

HISTORY: 1966, c. 461, § 10-153; 1988, c. 891; 1997, c. 338.