                                 CODE OF VIRGINIA

TENANCY IN COMMON WITH SCHOOL BOARD FOR CERTAIN PROPERTY (§ 15.2-1800.1)

Notwithstanding the provisions of § 22.1-125 or any other provision of law,
whenever a locality has incurred a financial obligation, payable over more than
one fiscal year, to fund the acquisition, construction or improvement of public
school property, the local governing body of the locality shall be deemed to
have acquired title to such school property, as a tenant in common with the
local school board, for the term of such financial obligation. Such tenancy in
common shall arise by operation of law when such financial obligation is
incurred by the local governing body, and shall terminate by operation of law
when such financial obligation has been paid in full. Neither the creation nor
the termination of this tenancy in common shall require the execution or
recordation of any deed of conveyance by either the school board or the
governing body. If the school property in question is used by more than one
school division, such tenancy in common shall arise and terminate on the same
basis in each of the participating localities. Nothing in this section shall
alter the authority or responsibility of local school boards to control and
regulate the use of the property during the existence of such tenancy in common,
nor shall it confer to the local governing body any additional powers over
school board decisions relative to school board property, including actions
taken pursuant to § 22.1-129 of the Code. Notwithstanding the foregoing, any
local governing body may elect not to acquire tenancy in common to some or all
of the public school property in its locality, by adopting a resolution
declining such tenancy in common for current and future financial obligations.

HISTORY: 2002, c. 674.