10.1-648 - Acquisition of lands, easements, and rights-of-way.
§ 10.1-648. Acquisition of lands, easements, and rights-of-way.
A. The Board, in addition to the provisions of § 10.1-638, may use funds fromthe revolving fund to pay the cost of the purchase of needed lands,easements, and rights-of-way, or to share the costs thereof with soil andwater conservation districts for soil and water conservation and floodcontrol needs when the following conditions have been met:
1. The program of work for the project has been found by the Board to befeasible, practicable and will promote the health, safety, and generalwelfare of the people of the Commonwealth;
2. The soil and water conservation district or its cosponsors of the projecthave obtained a minimum of seventy-five percent of the necessary lands,easements, and rights-of-way in the project, or portion of a project(subwatershed) for which funds are requested prior to the use of funds forthis purpose;
3. The district and its cosponsors, if any, have submitted a plat to theBoard showing the lands, easements and rights-of-way previously acquired, aswell as the remaining lands, easements and rights-of-way necessary to theproject but not acquired. In addition, the Board may require any otherinformation which it deems necessary. The district and cosponsors shallcertify to the Board that funds are unobtainable from any other source toacquire the remaining land, easements, and rights-of-way necessary to theproject, in whole or in part;
4. The funds to be used for lands, easements, and rights-of-way shall begranted to the district or cosponsor of the project in whose name the land,easement, or right-of-way shall be recorded.
B. No later than ten years from the purchase of lands and rights-of-way withthe funds provided by this section for soil and water conservation and floodcontrol needs, or upon the completion of the watershed project, or a portionof the project (subwatershed) and upon written demand of the owners, theirheirs or assigns from whom such land and rights-of-way were acquired, suchproperty shall be reconveyed by the district or cosponsor to the formerowners, their heirs or assigns, upon repayment of the original purchaseprice, without interest, unless such lands and rights-of-way are granted orretained for public purposes as hereinafter provided. After ten years, and nolater than twelve years after the purchase date of lands and rights-of-waywith the funds provided by this section, unless such lands and rights-of-wayare granted or retained for public purposes or reconveyed as provided above,it shall be the duty of the district or cosponsor, to sell the propertypurchased wholly or partially from the funds provided by this section. TheBoard shall specify the terms for any such sale. Upon the sale orreconveyance of such property, the district or cosponsor shall remit to theBoard a pro rata share of the proceeds of such sale or repayment pursuant toa reconveyance, equal to the percentage of the total cost of the acquisitionof such property from any allocation of funds made hereunder and all suchremittances shall be deposited to the revolving fund. The district orcosponsor of the project in whose name the acquisition of the land orrights-of-way to be sold is recorded shall retain any easement orright-of-way to assure the continued operation, maintenance, inspection, andrepair of the works of improvement constructed on the land to be sold. Thedistrict and cosponsor of a project, with the approval of the Board, maygrant for public purposes fee title to lands and rights-of-way acquired underthe provisions of this section to any political subdivision, including acosponsor, an agency of the state or federal government, or a regional parkauthority.
(1970, c. 591, § 21-11.14; 1988, c. 891.)