                                 CODE OF VIRGINIA

STATE AGENCIES AND INSTITUTIONS TO NOTIFY DEPARTMENT OF PROPERTY NOT USED OR
REQUIRED; CRITERIA (§ 2.2-1153)

A. Whenever any department, agency or institution of state government possesses
or has under its control state-owned or leased property that is not being used
to full capacity or is not required for the programs of the department, agency
or institution, it shall so notify the Department. Such notification shall be in
a form and manner prescribed by the Department. Each department, agency and
institution shall submit to the Department a land use plan for state-owned
property it possesses or has under its control showing present and planned uses
of such property. Such plan shall be approved by the cognizant board or
governing body of the department, agency or institution holding title to or
otherwise controlling the state-owned property or the agency head in the absence
of a board or governing body, with a recommendation on whether any property
should be declared surplus by the department, agency or institution. Development
of such land use plans shall be based on guidelines promulgated by the
Department. The guidelines shall provide that each land use plan shall be
updated and copies provided to the Department by September 1 of each year. The
Department may exempt properties that are held and used for conservation
purposes from the requirements of this section. The Department shall review the
land use plans, the records and inventory required pursuant to subsections B and
C of &#xA7; 2.2-1136 and such other information as may be necessary and
determine whether the property or any portion thereof should be declared surplus
to the needs of the Commonwealth. By October 1 of each year, the Department
shall provide a report to the Chairmen of the House Committee on Appropriations
and the Senate Committee on Finance and Appropriations setting forth the
Department&#8217;s findings, the sale or marketing of properties identified
pursuant to this section, and recommending any actions that may be required by
the Governor and the General Assembly to identify and dispose of property not
being efficiently and effectively utilized. The Department shall provide a
listing of surplus properties on the Department&#8217;s website. The description
of surplus property shall include parcel identification consistent with national
spatial data standards in addition to a street address.
			Until permanent disposition of the property determined to be surplus is
effected, the property shall continue to be maintained by the department, agency
or institution possessing or controlling it, unless upon the recommendation of
the Department, the Governor authorizes the transfer of the property to the
possession or control of the Department. In this event, the department, agency
or institution formerly possessing or controlling the property shall have no
further interest in it.

B. The Department shall establish criteria for ascertaining whether property
under the control of a department, agency or institution should be classified as
&#8220;surplus&#8221; to its current or proposed needs. Such criteria shall
provide that the cognizant board or governing body, if any, of the department,
agency or institution holding the title to or otherwise controlling the
state-owned property, or the agency head in the absence of a board or governing
body, shall approve the designation of the property as surplus.

C. Notwithstanding the provisions of subsection A:

   1. The property known as College Woods, which includes Lake Matoaka and is
   possessed and controlled by a college founded in 1693, regardless of whether
   such property has been declared surplus pursuant to this section, shall not be
   transferred or disposed of without the approval of the board of visitors of
   such college by a two-thirds vote of all board members at a regularly
   scheduled board meeting. The General Assembly shall also approve the disposal
   or transfer.

   2. Surplus real property valued at less than $5 million that is possessed and
   controlled by a public institution of higher education may be sold by such
   institution, provided that (i) at least 45 days prior to executing a contract
   for the sale of such property, the institution gives written notification to
   the Governor and the Chairmen of the House Committee on Appropriations and the
   Senate Committee on Finance and Appropriations; and (ii) the Governor may
   postpone the sale at any time up to 10 days prior to the proposed date of
   sale. Such sale may be effected by public auction, sealed bids, or by
   marketing through one or more Virginia licensed real estate brokers after
   satisfying the public notice provisions of subsection D of &#xA7; 2.2-1156.
   The terms of all negotiations resulting in such sale shall be public
   information. The public institution of higher education may retain the
   proceeds from the sale of such property if the property was acquired by
   nongeneral funds. If the institution originally acquired the property through
   a mix of general and nongeneral funds, 50 percent of the proceeds shall be
   distributed to the institution and 50 percent shall be distributed to the
   State Park Conservation Resources Fund established under subsection A of
   &#xA7; 10.1-202. The authority of a public institution of higher education to
   sell surplus real property described under this subdivision or to retain any
   proceeds from the sale of such property shall be subject to the institution
   meeting the conditions prescribed in subsection A of &#xA7; 23.1-1002 and
   &#xA7; 23.1-1019 (regardless of whether or not the institution has been
   granted any authority under Article 4 (&#xA7; 23.1-1004 et seq.) of Chapter 10
   of Title 23.1).

HISTORY: 1968, c. 717, § 2.1-106.2; 1972, c. 763; 1977, c. 672, § 2.1-505;
1978, c. 545; 1984, c. 641; 1995, c. 774; 2001, c. 844; 2004, c. 997; 2005, cc.
933, 945; 2009, c. 612; 2011, cc. 659, 675; 2017, c. 706; 2019, cc. 659, 660.