§ 10.1-1107. Purchase of lands and acceptance of gifts for forestry purposesby the State Forester; management; definition of state forests.
A. The State Forester shall have authority to purchase in the name of theCommonwealth lands suitable for state forests. He may accept for state forestpurposes gifts, devises and bequests of real and personal property as well asendowments, funds, and grants from any source. Unless otherwise restricted bythe terms of the gift, devise or bequest, the State Forester is authorized,in the name of the Commonwealth, to convey or lease any such real propertygiven to it, with the consent and approval of the Governor and the GeneralAssembly and the approval of the instrument as to form by the AttorneyGeneral. Mineral and mining rights over and under land donated may bereserved by the donors.
B. The State Forester shall have the power and authority to accept gifts,donations and contributions of land, and to enter into agreements for theacquisition by purchase, lease or otherwise with, the United States, or anyagency or agent thereof, of lands for state forests.
C. The State Forester shall have authority to provide for the management,development and utilization of any lands purchased, leased or otherwiseacquired, to sell or otherwise dispose of products on or derived from theland, and to enforce regulations governing state forests, the care andmaintenance thereof, and the prevention of trespassing thereon, and suchother regulations deemed necessary to carry out the provisions of thissection. Approval by the Governor or General Assembly shall not be requiredfor the sale or harvesting of timber on state forest lands or other landsover which the Department has supervision and control.
D. In exercising the powers conferred by this section, the State Forestershall not obligate the Commonwealth for any expenditure in excess of anyfunds either donated or appropriated to the Department for such purpose.
E. One-fourth of the gross proceeds derived from any state forest lands soacquired by the State Forester shall be paid annually by the State Foresterto the counties in which such lands are respectively located, and shallbecome a part of the general funds of such counties, except for Appomattox,Buckingham and Cumberland Counties. For the Counties of Appomattox,Buckingham and Cumberland, one-eighth of the gross proceeds derived from anystate forest lands acquired in these counties shall become part of thegeneral funds of these counties and one-eighth shall be expended annually bythe Department, upon consultation with each county, for the enhancement ofrecreational opportunities on those state forest lands located in the county.This subsection shall not apply to properties acquired or managed fornonstate forest purposes.
F. As used in this chapter unless the context requires a different meaning,"state forest" means lands acquired for the Commonwealth by purchase, giftor lease pursuant to this section. These lands shall be managed and protectedfor scientific, recreational and educational purposes. Uses of the stateforests shall include, but not be limited to, research, demonstrations,tours, soil and water management and protection, hunting, fishing and otherrecreational activities.
G. All acquisitions of real property under this section shall be subject tothe provisions of § 2.2-1149. The Attorney General shall approve the form ofthe instruments prior to execution.
(Code 1950, § 10-33; 1984, c. 750; 1986, c. 567; 1988, c. 891; 1999, c. 201;2007, c. 689; 2009, c. 43.)
§ 10.1-1107. Purchase of lands and acceptance of gifts for forestry purposesby the State Forester; management; definition of state forests.
A. The State Forester shall have authority to purchase in the name of theCommonwealth lands suitable for state forests. He may accept for state forestpurposes gifts, devises and bequests of real and personal property as well asendowments, funds, and grants from any source. Unless otherwise restricted bythe terms of the gift, devise or bequest, the State Forester is authorized,in the name of the Commonwealth, to convey or lease any such real propertygiven to it, with the consent and approval of the Governor and the GeneralAssembly and the approval of the instrument as to form by the AttorneyGeneral. Mineral and mining rights over and under land donated may bereserved by the donors.
B. The State Forester shall have the power and authority to accept gifts,donations and contributions of land, and to enter into agreements for theacquisition by purchase, lease or otherwise with, the United States, or anyagency or agent thereof, of lands for state forests.
C. The State Forester shall have authority to provide for the management,development and utilization of any lands purchased, leased or otherwiseacquired, to sell or otherwise dispose of products on or derived from theland, and to enforce regulations governing state forests, the care andmaintenance thereof, and the prevention of trespassing thereon, and suchother regulations deemed necessary to carry out the provisions of thissection. Approval by the Governor or General Assembly shall not be requiredfor the sale or harvesting of timber on state forest lands or other landsover which the Department has supervision and control.
D. In exercising the powers conferred by this section, the State Forestershall not obligate the Commonwealth for any expenditure in excess of anyfunds either donated or appropriated to the Department for such purpose.
E. One-fourth of the gross proceeds derived from any state forest lands soacquired by the State Forester shall be paid annually by the State Foresterto the counties in which such lands are respectively located, and shallbecome a part of the general funds of such counties, except for Appomattox,Buckingham and Cumberland Counties. For the Counties of Appomattox,Buckingham and Cumberland, one-eighth of the gross proceeds derived from anystate forest lands acquired in these counties shall become part of thegeneral funds of these counties and one-eighth shall be expended annually bythe Department, upon consultation with each county, for the enhancement ofrecreational opportunities on those state forest lands located in the county.This subsection shall not apply to properties acquired or managed fornonstate forest purposes.
F. As used in this chapter unless the context requires a different meaning,"state forest" means lands acquired for the Commonwealth by purchase, giftor lease pursuant to this section. These lands shall be managed and protectedfor scientific, recreational and educational purposes. Uses of the stateforests shall include, but not be limited to, research, demonstrations,tours, soil and water management and protection, hunting, fishing and otherrecreational activities.
G. All acquisitions of real property under this section shall be subject tothe provisions of § 2.2-1149. The Attorney General shall approve the form ofthe instruments prior to execution.
(Code 1950, § 10-33; 1984, c. 750; 1986, c. 567; 1988, c. 891; 1999, c. 201;2007, c. 689; 2009, c. 43.)
§ 10.1-1107. Purchase of lands and acceptance of gifts for forestry purposesby the State Forester; management; definition of state forests.
A. The State Forester shall have authority to purchase in the name of theCommonwealth lands suitable for state forests. He may accept for state forestpurposes gifts, devises and bequests of real and personal property as well asendowments, funds, and grants from any source. Unless otherwise restricted bythe terms of the gift, devise or bequest, the State Forester is authorized,in the name of the Commonwealth, to convey or lease any such real propertygiven to it, with the consent and approval of the Governor and the GeneralAssembly and the approval of the instrument as to form by the AttorneyGeneral. Mineral and mining rights over and under land donated may bereserved by the donors.
B. The State Forester shall have the power and authority to accept gifts,donations and contributions of land, and to enter into agreements for theacquisition by purchase, lease or otherwise with, the United States, or anyagency or agent thereof, of lands for state forests.
C. The State Forester shall have authority to provide for the management,development and utilization of any lands purchased, leased or otherwiseacquired, to sell or otherwise dispose of products on or derived from theland, and to enforce regulations governing state forests, the care andmaintenance thereof, and the prevention of trespassing thereon, and suchother regulations deemed necessary to carry out the provisions of thissection. Approval by the Governor or General Assembly shall not be requiredfor the sale or harvesting of timber on state forest lands or other landsover which the Department has supervision and control.
D. In exercising the powers conferred by this section, the State Forestershall not obligate the Commonwealth for any expenditure in excess of anyfunds either donated or appropriated to the Department for such purpose.
E. One-fourth of the gross proceeds derived from any state forest lands soacquired by the State Forester shall be paid annually by the State Foresterto the counties in which such lands are respectively located, and shallbecome a part of the general funds of such counties, except for Appomattox,Buckingham and Cumberland Counties. For the Counties of Appomattox,Buckingham and Cumberland, one-eighth of the gross proceeds derived from anystate forest lands acquired in these counties shall become part of thegeneral funds of these counties and one-eighth shall be expended annually bythe Department, upon consultation with each county, for the enhancement ofrecreational opportunities on those state forest lands located in the county.This subsection shall not apply to properties acquired or managed fornonstate forest purposes.
F. As used in this chapter unless the context requires a different meaning,"state forest" means lands acquired for the Commonwealth by purchase, giftor lease pursuant to this section. These lands shall be managed and protectedfor scientific, recreational and educational purposes. Uses of the stateforests shall include, but not be limited to, research, demonstrations,tours, soil and water management and protection, hunting, fishing and otherrecreational activities.
G. All acquisitions of real property under this section shall be subject tothe provisions of § 2.2-1149. The Attorney General shall approve the form ofthe instruments prior to execution.
(Code 1950, § 10-33; 1984, c. 750; 1986, c. 567; 1988, c. 891; 1999, c. 201;2007, c. 689; 2009, c. 43.)
