State Codes and Statutes
Statutes > Virginia > Title-15-2 > Chapter-18 > 15-2-1800-1§ 15.2-1800.1. Tenancy in common with school board for certain property.
Notwithstanding the provisions of § 22.1-125 or any other provision of law,whenever a locality has incurred a financial obligation, payable over morethan one fiscal year, to fund the acquisition, construction or improvement ofpublic school property, the local governing body of the locality shall bedeemed to have acquired title to such school property, as a tenant in commonwith the local school board, for the term of such financial obligation. Suchtenancy in common shall arise by operation of law when such financialobligation is incurred by the local governing body, and shall terminate byoperation of law when such financial obligation has been paid in full.Neither the creation nor the termination of this tenancy in common shallrequire the execution or recordation of any deed of conveyance by either theschool board or the governing body. If the school property in question isused by more than one school division, such tenancy in common shall arise andterminate on the same basis in each of the participating localities. Nothingin this section shall alter the authority or responsibility of local schoolboards to control and regulate the use of the property during the existenceof such tenancy in common, nor shall it confer to the local governing bodyany additional powers over school board decisions relative to school boardproperty, including actions taken pursuant to § 22.1-129 of the Code.Notwithstanding the foregoing, any local governing body may elect not toacquire tenancy in common to some or all of the public school property in itslocality, by adopting a resolution declining such tenancy in common forcurrent and future financial obligations.
(2002, c. 674.)
