                                 CODE OF VIRGINIA

DEPARTMENT TO REVIEW PROPOSED ACQUISITIONS OF REAL PROPERTY; APPROVAL BY THE
GOVERNOR; EXCEPTIONS (§ 2.2-1149)

Notwithstanding any provision of law to the contrary, no state department,
agency or institution shall acquire real property by gift, lease, purchase or
any other means or use or occupy real property without following the guidelines
adopted by the Department and obtaining the prior approval of the Governor. The
Department shall review every proposed acquisition of real property by gift,
lease, purchase or any other means and every proposed use or occupancy of real
property by any department, agency or institution of the Commonwealth and
recommend either approval or disapproval of the transactions to the Governor
based on cost, demonstrated need, and compliance with the Department&#8217;s
guidelines.
		The provisions of this section shall not apply to the:

1. Acquisition of real property for open space preservations pursuant to the
purposes of &#xA7; 10.1-1800 and subdivision A 4 of &#xA7; 10.1-2204, if it does
not require as a condition of acceptance, an appropriation of any state funds
for the continued maintenance of such property;

2. Acquisition of easements pursuant to the purposes of &#xA7;&#xA7; 10.1-1020
and 10.1-1021 or &#xA7;&#xA7; 10.1-1700, 10.1-1702, and 10.1-1702;

3. Acquisition through the temporary lease or donation of real property for a
period of six months or less duration;

4. Acquisition of easements by public institutions of higher education provided
that the particular institution meets the conditions prescribed in subsection A
of &#xA7; 23.1-1002;

5. Entering into an operating/income lease or a capital lease by a public
institution of higher education, for real property to be used for academic
purposes, or for real property owned by the institution or a foundation related
to the institution to be used for non-academic purposes, in accordance with the
institution&#8217;s land use plan pursuant to &#xA7; 2.2-1153 provided that (i)
the capital lease does not constitute tax-supported debt of the Commonwealth,
(ii) the institution meets the conditions prescribed in subsection A of &#xA7;
23.1-1002, and (iii) for purposes of entering into a capital lease, the
institution shall have in effect a signed memorandum of understanding with the
Secretary of Administration regarding participation in the nongeneral fund
decentralization program as set forth in the appropriation act. For the purposes
of this subdivision, an operating/income lease or a capital lease shall be
determined using generally accepted accounting principles;

6. Acquisition of real property for the construction, improvement or maintenance
of highways and transportation facilities and purposes incidental thereto by the
Department of Transportation; however, acquisitions of real property by the
Department of Transportation for office space, district offices, residencies,
area headquarters, or correctional facilities shall be subject to the
Department&#8217;s review and the Governor&#8217;s approval;

7. Acquisition of real estate or rights-of-way for the construction,
improvement, or maintenance of railway lines or rail or public transportation
facilities or the retention of rail corridors for public purposes associated
with the efforts of the Department of Rail and Public Transportation; however,
acquisitions of real estate or rights-of-way by the Department of Rail and
Public Transportation for office space or district offices shall be subject to
review by the Department and the approval of the Governor; or

8. Acquisition of real property to be held in trust for the benefit of a
state-recognized Indian tribe, provided that such property is (i) annexed into
the existing reservation of such tribe and (ii) located within a one-mile radius
of the boundary of such reservation. However, these acquisitions of real estate
shall be subject to the review of the Office of the Attorney General and the
approval by the Governor.

HISTORY: 1984, c. 641, § 2.1-504.2; 1994, c. 474; 2000, c. 748; 2001, c. 844;
2005, cc. 933, 945; 2011, c. 525; 2016, c. 425; 2017, c. 348.