§ 22.1-129. Surplus property; sale, exchange or lease of real and personalproperty.
A. Whenever a school board determines that it has no use for some of its realproperty, the school board may sell such property and may retain all or aportion of the proceeds of such sale upon approval of the local governingbody and after the school board has held a public hearing on such sale andretention of proceeds, or may convey the title to such real property to thecounty or city or town comprising the school division or, if the schooldivision is composed of more than one county or city, to the county or cityin which the property is located. To convey the title, the school board shalladopt a resolution that such real property is surplus and shall record suchresolution along with the deed to the property with the clerk of the circuitcourt for the county or city where such property is located. Upon therecording of the resolution and the deed, the title shall vest in theappropriate county, city or town.
If a school board sells surplus real property, a capital improvement fundshall be established by such school board and the proceeds of such saleretained by the school board shall accrue to such capital improvement fund.The capital improvement fund shall only be used for new school construction,school renovation, and major school maintenance projects.
B. A school board shall have the power to exchange real and personalproperty, to lease real and personal property either as lessor or lessee, togrant easements on real property, to convey real property in trust to secureloans, to convey real property to adjust the boundaries of the property andto sell personal property in such manner and upon such terms as it deemsproper. As lessee of real property, a school board shall have the power toexpend funds for capital repairs and improvements on such property, if thelease is for a term equal to or longer than the useful life of such repairsor improvements.
C. Notwithstanding the provisions of subsections A and B, a school boardshall have the power to sell career and technical education projects andassociated land pursuant to § 22.1-234.
Notwithstanding the provisions of subsections A and B, a school board of theCity of Virginia Beach shall have the power to sell property to the VirginiaDepartment of Transportation or the Commonwealth Transportation Commissionerwhen the Commissioner has determined that (i) such conveyance is necessaryand (ii) when eminent domain has been authorized for the construction,reconstruction, alteration, maintenance, and repair of the public highways ofthe Commonwealth, and for all other purposes incidental thereto, including,but not limited to, the relocation of public utilities as may be required.
D. School boards may donate obsolete educational technology hardware andsoftware that is being replaced pursuant to subdivision B 4 of § 22.1-199.1.Any such donations shall be offered to other school divisions, to students,as provided in Board of Education guidelines, and to preschool programs inthe Commonwealth. In addition, elected school boards may donate such obsoleteeducational technology hardware and software and other obsolete personalproperty to a Virginia nonprofit organization which is exempt from taxationunder § 501(c) (3) of the Internal Revenue Code.
(Code 1950, § 22-161; 1968, c. 261; 1973, c. 220; 1980, c. 559; 1989, c. 102;1991, c. 298; 1995, c. 513; 1997, c. 686; 2000, c. 93; 2001, c. 483; 2005, c.446; 2007, c. 813; 2010, c. 763.)
§ 22.1-129. Surplus property; sale, exchange or lease of real and personalproperty.
A. Whenever a school board determines that it has no use for some of its realproperty, the school board may sell such property and may retain all or aportion of the proceeds of such sale upon approval of the local governingbody and after the school board has held a public hearing on such sale andretention of proceeds, or may convey the title to such real property to thecounty or city or town comprising the school division or, if the schooldivision is composed of more than one county or city, to the county or cityin which the property is located. To convey the title, the school board shalladopt a resolution that such real property is surplus and shall record suchresolution along with the deed to the property with the clerk of the circuitcourt for the county or city where such property is located. Upon therecording of the resolution and the deed, the title shall vest in theappropriate county, city or town.
If a school board sells surplus real property, a capital improvement fundshall be established by such school board and the proceeds of such saleretained by the school board shall accrue to such capital improvement fund.The capital improvement fund shall only be used for new school construction,school renovation, and major school maintenance projects.
B. A school board shall have the power to exchange real and personalproperty, to lease real and personal property either as lessor or lessee, togrant easements on real property, to convey real property in trust to secureloans, to convey real property to adjust the boundaries of the property andto sell personal property in such manner and upon such terms as it deemsproper. As lessee of real property, a school board shall have the power toexpend funds for capital repairs and improvements on such property, if thelease is for a term equal to or longer than the useful life of such repairsor improvements.
C. Notwithstanding the provisions of subsections A and B, a school boardshall have the power to sell career and technical education projects andassociated land pursuant to § 22.1-234.
Notwithstanding the provisions of subsections A and B, a school board of theCity of Virginia Beach shall have the power to sell property to the VirginiaDepartment of Transportation or the Commonwealth Transportation Commissionerwhen the Commissioner has determined that (i) such conveyance is necessaryand (ii) when eminent domain has been authorized for the construction,reconstruction, alteration, maintenance, and repair of the public highways ofthe Commonwealth, and for all other purposes incidental thereto, including,but not limited to, the relocation of public utilities as may be required.
D. School boards may donate obsolete educational technology hardware andsoftware that is being replaced pursuant to subdivision B 4 of § 22.1-199.1.Any such donations shall be offered to other school divisions, to students,as provided in Board of Education guidelines, and to preschool programs inthe Commonwealth. In addition, elected school boards may donate such obsoleteeducational technology hardware and software and other obsolete personalproperty to a Virginia nonprofit organization which is exempt from taxationunder § 501(c) (3) of the Internal Revenue Code.
(Code 1950, § 22-161; 1968, c. 261; 1973, c. 220; 1980, c. 559; 1989, c. 102;1991, c. 298; 1995, c. 513; 1997, c. 686; 2000, c. 93; 2001, c. 483; 2005, c.446; 2007, c. 813; 2010, c. 763.)
§ 22.1-129. Surplus property; sale, exchange or lease of real and personalproperty.
A. Whenever a school board determines that it has no use for some of its realproperty, the school board may sell such property and may retain all or aportion of the proceeds of such sale upon approval of the local governingbody and after the school board has held a public hearing on such sale andretention of proceeds, or may convey the title to such real property to thecounty or city or town comprising the school division or, if the schooldivision is composed of more than one county or city, to the county or cityin which the property is located. To convey the title, the school board shalladopt a resolution that such real property is surplus and shall record suchresolution along with the deed to the property with the clerk of the circuitcourt for the county or city where such property is located. Upon therecording of the resolution and the deed, the title shall vest in theappropriate county, city or town.
If a school board sells surplus real property, a capital improvement fundshall be established by such school board and the proceeds of such saleretained by the school board shall accrue to such capital improvement fund.The capital improvement fund shall only be used for new school construction,school renovation, and major school maintenance projects.
B. A school board shall have the power to exchange real and personalproperty, to lease real and personal property either as lessor or lessee, togrant easements on real property, to convey real property in trust to secureloans, to convey real property to adjust the boundaries of the property andto sell personal property in such manner and upon such terms as it deemsproper. As lessee of real property, a school board shall have the power toexpend funds for capital repairs and improvements on such property, if thelease is for a term equal to or longer than the useful life of such repairsor improvements.
C. Notwithstanding the provisions of subsections A and B, a school boardshall have the power to sell career and technical education projects andassociated land pursuant to § 22.1-234.
Notwithstanding the provisions of subsections A and B, a school board of theCity of Virginia Beach shall have the power to sell property to the VirginiaDepartment of Transportation or the Commonwealth Transportation Commissionerwhen the Commissioner has determined that (i) such conveyance is necessaryand (ii) when eminent domain has been authorized for the construction,reconstruction, alteration, maintenance, and repair of the public highways ofthe Commonwealth, and for all other purposes incidental thereto, including,but not limited to, the relocation of public utilities as may be required.
D. School boards may donate obsolete educational technology hardware andsoftware that is being replaced pursuant to subdivision B 4 of § 22.1-199.1.Any such donations shall be offered to other school divisions, to students,as provided in Board of Education guidelines, and to preschool programs inthe Commonwealth. In addition, elected school boards may donate such obsoleteeducational technology hardware and software and other obsolete personalproperty to a Virginia nonprofit organization which is exempt from taxationunder § 501(c) (3) of the Internal Revenue Code.
(Code 1950, § 22-161; 1968, c. 261; 1973, c. 220; 1980, c. 559; 1989, c. 102;1991, c. 298; 1995, c. 513; 1997, c. 686; 2000, c. 93; 2001, c. 483; 2005, c.446; 2007, c. 813; 2010, c. 763.)
