§ 28.2-1200.1. Conveyance of state-owned bottomlands.
A. In order to fulfill the Commonwealth's responsibility under Article XI ofthe Constitution of Virginia to conserve and protect public lands for thebenefit of the people, the Commonwealth shall not convey fee simple title tostate-owned bottomlands covered by waters. However, the Commonwealth maygrant a lease, easement, or other limited interest in state-owned bottomlandscovered by waters pursuant to § 28.2-1208 or as long as the property is usedby a governmental entity for the performance of a governmental activity, asdefined in §§ 28.2-1300 and 28.2-1400.
B. The Commonwealth may convey fee simple title to specified parcels ofstate-owned bottomlands that have been lawfully filled. For the purpose ofthis section, "lawfully filled" means the deposit of fill was (i)authorized by statute, (ii) pursuant to valid court order, (iii) authorizedor permitted by state officials pursuant to statutory authority subsequent toJuly 1, 1960, or (iv) under apparent color of authority prior to July 1,1960. In the absence of information to the contrary, it may be presumed thatstate-owned bottomlands filled prior to July 1, 1960, were filled underapparent color of authority and, it may also be presumed, that all of thefill on the specified parcel was lawfully authorized if a substantial portionof the fill on such parcel was authorized. Properties not qualified underclauses (i) through (iv) of this subsection shall not be eligible forconveyance under this section.
C. Except as provided in subsection D, the grantee shall compensate theCommonwealth in an amount commensurate with the property interest beingconveyed, which shall be considered equivalent to 25 percent of the assessedvalue of the specified parcel, exclusive of any buildings or otherimprovements. The assessed value shall be established as the average of thelocal real estate tax assessments for the most recent 10 years available forthe specified parcel. If no such assessments are available for the specifiedparcel, then the assessed value shall be calculated as the percentage, bysquare footage or acreage, that the specified parcel represents of the largerparcel for which such assessments are available.
D. If the Commission determines that unique circumstances exist, theCommission may allow the grantee to compensate the Commonwealth in an amountless than 25 percent of the assessed value of the specified parcel. Any suchdetermination by the Commission shall be justified in writing and shall notbe subject to judicial review.
§ 28.2-1200.1. Conveyance of state-owned bottomlands.
A. In order to fulfill the Commonwealth's responsibility under Article XI ofthe Constitution of Virginia to conserve and protect public lands for thebenefit of the people, the Commonwealth shall not convey fee simple title tostate-owned bottomlands covered by waters. However, the Commonwealth maygrant a lease, easement, or other limited interest in state-owned bottomlandscovered by waters pursuant to § 28.2-1208 or as long as the property is usedby a governmental entity for the performance of a governmental activity, asdefined in §§ 28.2-1300 and 28.2-1400.
B. The Commonwealth may convey fee simple title to specified parcels ofstate-owned bottomlands that have been lawfully filled. For the purpose ofthis section, "lawfully filled" means the deposit of fill was (i)authorized by statute, (ii) pursuant to valid court order, (iii) authorizedor permitted by state officials pursuant to statutory authority subsequent toJuly 1, 1960, or (iv) under apparent color of authority prior to July 1,1960. In the absence of information to the contrary, it may be presumed thatstate-owned bottomlands filled prior to July 1, 1960, were filled underapparent color of authority and, it may also be presumed, that all of thefill on the specified parcel was lawfully authorized if a substantial portionof the fill on such parcel was authorized. Properties not qualified underclauses (i) through (iv) of this subsection shall not be eligible forconveyance under this section.
C. Except as provided in subsection D, the grantee shall compensate theCommonwealth in an amount commensurate with the property interest beingconveyed, which shall be considered equivalent to 25 percent of the assessedvalue of the specified parcel, exclusive of any buildings or otherimprovements. The assessed value shall be established as the average of thelocal real estate tax assessments for the most recent 10 years available forthe specified parcel. If no such assessments are available for the specifiedparcel, then the assessed value shall be calculated as the percentage, bysquare footage or acreage, that the specified parcel represents of the largerparcel for which such assessments are available.
D. If the Commission determines that unique circumstances exist, theCommission may allow the grantee to compensate the Commonwealth in an amountless than 25 percent of the assessed value of the specified parcel. Any suchdetermination by the Commission shall be justified in writing and shall notbe subject to judicial review.
§ 28.2-1200.1. Conveyance of state-owned bottomlands.
A. In order to fulfill the Commonwealth's responsibility under Article XI ofthe Constitution of Virginia to conserve and protect public lands for thebenefit of the people, the Commonwealth shall not convey fee simple title tostate-owned bottomlands covered by waters. However, the Commonwealth maygrant a lease, easement, or other limited interest in state-owned bottomlandscovered by waters pursuant to § 28.2-1208 or as long as the property is usedby a governmental entity for the performance of a governmental activity, asdefined in §§ 28.2-1300 and 28.2-1400.
B. The Commonwealth may convey fee simple title to specified parcels ofstate-owned bottomlands that have been lawfully filled. For the purpose ofthis section, "lawfully filled" means the deposit of fill was (i)authorized by statute, (ii) pursuant to valid court order, (iii) authorizedor permitted by state officials pursuant to statutory authority subsequent toJuly 1, 1960, or (iv) under apparent color of authority prior to July 1,1960. In the absence of information to the contrary, it may be presumed thatstate-owned bottomlands filled prior to July 1, 1960, were filled underapparent color of authority and, it may also be presumed, that all of thefill on the specified parcel was lawfully authorized if a substantial portionof the fill on such parcel was authorized. Properties not qualified underclauses (i) through (iv) of this subsection shall not be eligible forconveyance under this section.
C. Except as provided in subsection D, the grantee shall compensate theCommonwealth in an amount commensurate with the property interest beingconveyed, which shall be considered equivalent to 25 percent of the assessedvalue of the specified parcel, exclusive of any buildings or otherimprovements. The assessed value shall be established as the average of thelocal real estate tax assessments for the most recent 10 years available forthe specified parcel. If no such assessments are available for the specifiedparcel, then the assessed value shall be calculated as the percentage, bysquare footage or acreage, that the specified parcel represents of the largerparcel for which such assessments are available.
D. If the Commission determines that unique circumstances exist, theCommission may allow the grantee to compensate the Commonwealth in an amountless than 25 percent of the assessed value of the specified parcel. Any suchdetermination by the Commission shall be justified in writing and shall notbe subject to judicial review.
