                                 CODE OF VIRGINIA

CONVEYANCE OF STATE-OWNED BOTTOMLANDS (§ 28.2-1200.1)

A. In order to fulfill the Commonwealth&#8217;s responsibility under Article XI
of the Constitution of Virginia to conserve and protect public lands for the
benefit of the people, the Commonwealth shall not convey fee simple title to
state-owned bottomlands covered by waters. However, the Commonwealth may grant a
lease, easement, or other limited interest in state-owned bottomlands covered by
waters pursuant to &#xA7; 28.2-1208 or as long as the property is used by a
governmental entity for the performance of a governmental activity, as defined
in &#xA7;&#xA7; 28.2-1300 and 28.2-1400.

B. 1. The Commonwealth may convey fee simple title to specified parcels of
state-owned bottomlands that have been lawfully filled. For the purpose of this
section, &#8220;lawfully filled&#8221; means the deposit of fill was (i)
authorized by statute, (ii) pursuant to valid court order, (iii) authorized or
permitted by state officials pursuant to statutory authority subsequent to July
1, 1960, or (iv) under apparent color of authority prior to July 1, 1960. In the
absence of information to the contrary, it may be presumed that state-owned
bottomlands filled prior to July 1, 1960, were filled under apparent color of
authority and, it may also be presumed, that all of the fill on the specified
parcel was lawfully authorized if a substantial portion of the fill on such
parcel was authorized. Properties not qualified under clauses (i) through (iv)
of this subdivision shall not be eligible for conveyance under this section.

   2. Titles to lands that (i) were once or may have been state-owned bottomlands
   covered by waters, (ii) were filled prior to July 1, 1960, and (iii) were
   acquired by private persons in good faith for value after such lands were
   filled, are hereby declared to be free and clear of any claimed ownership or
   interest by the Commonwealth and are released to such private persons and
   their successors and assigns by the Commonwealth to the extent that the areas
   of these lands were not state-owned bottomlands covered by waters on July 1,
   1960.

   3. This subsection shall not apply to any state-owned bottomlands filled by a
   publicly funded initiative and put to a continuing public use, which includes
   beach nourishment projects and public landings.

C. Except as provided in subsection D, the grantee in a conveyance under
subdivision B 1 shall compensate the Commonwealth in an amount commensurate with
the property interest being conveyed, which shall be considered equivalent to 25
percent of the assessed value of the specified parcel, exclusive of any
buildings or other improvements. The assessed value shall be established as the
average of the local real estate tax assessments for the most recent 10 years
available for the specified parcel. If no such assessments are available for the
specified parcel, then the assessed value shall be calculated as the percentage,
by square footage or acreage, that the specified parcel represents of the larger
parcel for which such assessments are available.

D. If the Commission determines that unique circumstances exist, the Commission
may allow the grantee in a conveyance under subdivision B 1 to compensate the
Commonwealth in an amount less than 25 percent of the assessed value of the
specified parcel. Any such determination by the Commission shall be justified in
writing and shall not be subject to judicial review.

HISTORY: 2007, c. 879; 2011, c. 734.