                                 CODE OF VIRGINIA

PURCHASE, SALE, USE, ETC., OF REAL PROPERTY (§ 15.2-1800)

A. A locality may acquire by purchase, gift, devise, bequest, exchange, lease as
lessee, or otherwise, title to, or any interests in, any real property, whether
improved or unimproved, within its jurisdiction, for any public use. Acquisition
of any interest in real property by condemnation is governed by Chapter 19
(&#xA7; 15.2-1901 et seq.). The acquisition of a leasehold or other interest in
a telecommunications tower, owned by a nongovernmental source, for the operation
of a locality&#8217;s wireless radio communications systems shall be governed by
this chapter.

B. Subject to any applicable requirements of Article VII, Section 9 of the
Constitution, any locality may sell, at public or private sale, exchange, lease
as lessor, mortgage, pledge, subordinate interest in or otherwise dispose of its
real property, which includes the superjacent airspace (except airspace provided
for in &#xA7; 15.2-2030) which may be subdivided and conveyed separate from the
subjacent land surface, provided that no such real property, whether improved or
unimproved, shall be disposed of until the governing body has held a public
hearing concerning such disposal. However, the holding of a public hearing shall
not apply to (i) the leasing of real property to another public body, political
subdivision or authority of the Commonwealth or (ii) conveyance of site
development easements, or utility easements related to transportation projects,
across public property, including, but not limited to, easements for ingress,
egress, utilities, cable, telecommunications, storm water management, and other
similar conveyances, that are consistent with the local capital improvement
program, involving improvement of property owned by the locality. The provisions
of this section shall not apply to the vacation of public interests in real
property under the provisions of Articles 6 (&#xA7; 15.2-2240 et seq.) and 7
(&#xA7; 15.2-2280 et seq.) of Chapter 22.

C. A city or town may also acquire real property for a public use outside its
boundaries; a county may acquire real property for a public use outside its
boundaries when expressly authorized by law.

D. A locality may construct, insure, and equip buildings, structures and other
improvements on real property owned or leased by it.

E. A locality may operate, maintain, and regulate the use of its real property
or may contract with other persons to do so.
			Notwithstanding any contrary provision of law, general or special, no
locality providing access and opportunity to use its real property, whether
improved or unimproved, may deny equal access or a fair opportunity to use such
real property to, or otherwise discriminate against, the Boy Scouts of America
or the Girl Scouts of the USA. Nothing in this paragraph shall be construed to
require any locality to sponsor the Boy Scouts of America or the Girl Scouts of
the USA, or to exempt any such groups from local policies governing access to
and use of a locality&#8217;s real property. The provisions of this paragraph
applicable to a locality shall also apply equally to any local governmental
entity, including a department, agency, or authority.

F. This section shall not be construed to deprive the resident judge or judges
of the right to control the use of the courthouse.

G. &#8220;Public use&#8221; as used in this section shall have the same meaning
as in &#xA7; 1-219.1.

HISTORY: Code 1950, § 15-692; 1962, c. 623, § 15.1-262; 1968, c. 418; 1974, c.
282; 1977, c. 269; 1979, c. 431; 1980, cc. 212, 559; 1984, c. 241; 1986, cc.
477, 573; 1990, c. 813; 1997, c. 587; 1998, c. 696; 2005, c. 822; 2006, c. 57;
2007, cc. 882, 901, 926; 2017, c. 401.