HB1833: Conservation and Recreation, Department of; leasing of land.
Be it enacted by the General Assembly of Virginia:
1. That § 10.1-109 of the Code of Virginia is amended and reenacted as follows:
§ 10.1-109. Lease of lands and other properties.
A. The Director is authorized, subject to the consent and
approval of the Governor and the General Assembly written recommendation
of the Department of General Services to the Governor and the written approval
of the Governor, following review as to form and content by the Attorney
General and the provisions of this article, to convey, lease or
demise to any person for consideration, by proper deed or other
appropriate instrument signed and executed by the Director, in the name of the
Commonwealth: (i) any lands or other properties held for general recreational
or other public purposes by the Department, for the Commonwealth;, or
(ii) any lands over which the Department has supervision and control, or any
part of such lands; or (iii) any right, interest or privilege with respect
to such lands. The Director, subject to the consent and approval of the
Governor, may renew any such lease, contract or agreement without the consent
and approval of the General Assembly. Whenever where such lease is for
the purposes of recreation, agriculture, or resource management and is
consistent with the purposes and duties of the Department. [ Such
lease shall not cause the property to be considered surplus to the agency's
need. ] Notwithstanding the provisions of subdivision (ii), whenever
land is acquired by purchase or otherwise for public recreation and
conservation purposes under the administration of the Department, the Director
is authorized to lease the land or any portion of it back to the owner
from whom the land is acquired upon terms and conditions in the public
interest. No lease granted under this section shall be for an initial term
longer than ten years, but any such lease may contain provisions for lease
renewals, either contingent or automatic at the discretion of the Director, for
a like period upon the same terms and conditions as originally granted. If
written notice of termination is received by the Director from the lessee or if
use of the lease is in fact abandoned by the lessee at any time prior to the
end of the initial term or any renewal, the Director may immediately terminate
the lease.
B. The Director is authorized to lease state-owned housing under the control of the Department to state employees. Such leases shall be approved as to form and content by the Attorney General and the Department of General Services. The leasing of Department-controlled housing to state employees shall be for the purposes of providing security and operational efficiencies to property of the Department and shall not cause the property to be considered surplus to the agency's need. If the Director determines that the availability of state-owned housing is inadequate to meet the onsite security and operational efficiencies requirements for Department-owned property, he may lease residential property not owned by the Commonwealth from prospective landlords for the purposes of subleasing to state employees who otherwise qualify for leasing state-owned housing. Such leases and subleases shall be approved by the Director.
C. Property leased under this section shall not be considered surplus to the agency’s need.
[ D. The Department shall include information about leasing activities carried out pursuant to this section in an annual report to the General Assembly. ]
HOUSE BILL NO. 1833
Be it enacted by the General Assembly of Virginia:
1. That § 10.1-109 of the Code of Virginia is amended and reenacted as follows:
§ 10.1-109. Lease of lands and other properties.
A. The Director is authorized, subject to the consent and approval of the Governor and the
General Assembly written recommendation
of the Department of General Services to the Governor and the written approval
of the Governor, following review as to form and content by
the Attorney General and the provisions of this article, to
convey, lease or demise
to any person for consideration, by proper deed or
other appropriate instrument signed and executed by the
Director, in the name of the Commonwealth: (i) any lands or other properties
held for general recreational or other public purposes by the Department, for
the Commonwealth;, or
(ii) any lands over which the Department has supervision and control, or any
part of such lands; or (iii) any right,
interest or privilege with respect to such lands. The Director, subject to the
consent and approval of the Governor, may renew any such lease, contract or
agreement without the consent and approval of the General Assembly.
Whenever where such lease is
for the purposes of recreation, agriculture, or resource management and is
consistent with the purposes and duties of the Department. Such lease shall not
cause the property to be considered surplus to the agency's need. Notwithstanding
the provisions of subdivision (ii),
whenever land is acquired by purchase or otherwise for
public recreation and conservation purposes under the administration of the
Department, the Director is authorized to lease the land or any portion of it back to the owner from whom
the land is acquired upon terms and conditions in the public interest. No lease
granted under this section shall be for an initial term longer than ten years,
but any such lease may contain provisions for lease renewals, either contingent
or automatic at the discretion of the Director, for a like period upon the same
terms and conditions as originally granted. If written notice of termination is
received by the Director from the lessee or if use of the lease is in fact
abandoned by the lessee at any time prior to the end of the initial term or any
renewal, the Director may immediately terminate the lease.
B. The Director is authorized to lease state-owned housing under the control of the Department to state employees. Such leases shall be approved as to form and content by the Attorney General and the Department of General Services. The leasing of Department-controlled housing to state employees shall be for the purposes of providing security and operational efficiencies to property of the Department and shall not cause the property to be considered surplus to the agency's need. If the Director determines that the availability of state-owned housing is inadequate to meet the onsite security and operational efficiencies requirements for Department-owned property, he may lease residential property not owned by the Commonwealth from prospective landlords for the purposes of subleasing to state employees who otherwise qualify for leasing state-owned housing. Such leases and subleases shall be approved by the Director.
C. Property leased under this section shall not be considered surplus to the agency’s need.