                                 CODE OF VIRGINIA

ACQUISITION OF LANDS, EASEMENTS, AND RIGHTS-OF-WAY (§ 10.1-648)

A. The Board, in addition to the provisions of § 10.1-638, may use funds from
the revolving fund to pay the cost of the purchase of needed lands, easements,
and rights-of-way, or to share the costs thereof with soil and water
conservation districts for soil and water conservation and flood control needs
when the following conditions have been met:

   1. The program of work for the project has been found by the Board to be
   feasible, practicable and will promote the health, safety, and general welfare
   of the people of the Commonwealth;

   2. The soil and water conservation district or its cosponsors of the project
   have obtained a minimum of seventy-five percent of the necessary lands,
   easements, and rights-of-way in the project, or portion of a project
   (subwatershed) for which funds are requested prior to the use of funds for
   this purpose;

   3. The district and its cosponsors, if any, have submitted a plat to the Board
   showing the lands, easements and rights-of-way previously acquired, as well as
   the remaining lands, easements and rights-of-way necessary to the project but
   not acquired. In addition, the Board may require any other information which
   it deems necessary. The district and cosponsors shall certify to the Board
   that funds are unobtainable from any other source to acquire the remaining
   land, easements, and rights-of-way necessary to the project, in whole or in
   part;

   4. The funds to be used for lands, easements, and rights-of-way shall be
   granted to the district or cosponsor of the project in whose name the land,
   easement, or right-of-way shall be recorded.

B. No later than ten years from the purchase of lands and rights-of-way with the
funds provided by this section for soil and water conservation and flood control
needs, or upon the completion of the watershed project, or a portion of the
project (subwatershed) and upon written demand of the owners, their heirs or
assigns from whom such land and rights-of-way were acquired, such property shall
be reconveyed by the district or cosponsor to the former owners, their heirs or
assigns, upon repayment of the original purchase price, without interest, unless
such lands and rights-of-way are granted or retained for public purposes as
hereinafter provided. After ten years, and no later than twelve years after the
purchase date of lands and rights-of-way with the funds provided by this
section, unless such lands and rights-of-way are granted or retained for public
purposes or reconveyed as provided above, it shall be the duty of the district
or cosponsor, to sell the property purchased wholly or partially from the funds
provided by this section. The Board shall specify the terms for any such sale.
Upon the sale or reconveyance of such property, the district or cosponsor shall
remit to the Board a pro rata share of the proceeds of such sale or repayment
pursuant to a reconveyance, equal to the percentage of the total cost of the
acquisition of such property from any allocation of funds made hereunder and all
such remittances shall be deposited to the revolving fund. The district or
cosponsor of the project in whose name the acquisition of the land or
rights-of-way to be sold is recorded shall retain any easement or right-of-way
to assure the continued operation, maintenance, inspection, and repair of the
works of improvement constructed on the land to be sold. The district and
cosponsor of a project, with the approval of the Board, may grant for public
purposes fee title to lands and rights-of-way acquired under the provisions of
this section to any political subdivision, including a cosponsor, an agency of
the state or federal government, or a regional park authority.

HISTORY: 1970, c. 591, § 21-11.14; 1988, c. 891.