CHAPTER 460

An Act to amend and reenact §§ 68-138.1 and 68-202.1, as amended, of
the Code of Virginia, relating to the sale or taking of real property
and purchase of other real property by recipients of old age assist-
ance or aid to the visually handicapped under certain circumstances,
the release and establishment of certain liens upon such real property
by local boards of public welfare and the disposition of the proceeds
derived from such sales or takings. rH 4151

Approved March 31, 1964

Be it enacted by the General Assembly of Virginia:

1. That 88 63-138.1 and 63-202.1, as amended, of the Code of Virginia
be amended and reenacted as follows:

§ 63-138.1. (a) Whenever a sale of real property of a recipient of
public assistance under this chapter is made or whenever any such real
property is taken by the exercise of the power of eminent domain, the
proceeds of such sale or from such taking payable to the recipient after
satisfying all prior liens and rights of others in said property shall be used
to satisfy the lien provided by § 63-127, as amended, and the balance, if
any, of such proceeds shall be paid to any person entitled thereto. The
local board shall upon satisfaction of such lien reimburse the source or
sources of the public assistance granted to such recipient in the manner
provided by § 63-129.

(b) Nothing contained in paragraph (a) of this section shall prevent
a recipient of public assistance under this chapter from (1) selling real
property owned by him for the purpose of purchasing other real property
with the proceeds of such sale or (2) using for such purpose the proceeds
derived from a taking of real property of the recipient by the exercise
of the power of eminent domain, when such sale or use and other pur-
chase is in the recipient’s best interest or convenience and the local board
or Commissioner signifies, in writing, assent to such sale or use and other
purchase as being in the recipient’s best interest or convenience. During
the interval between such sale or taking and the purchase of other real
property, the proceeds of such sale or taking shall be paid to the local
board and held by it until such other purchase is made. When any such
sale or use and other purchase is made pursuant to this paragraph (b),
the local board shall take appropriate steps to effect a release of the lien
provided for in § 68-127 or § 63-127.1 from the property 8o sold or taken,
and to establish the lien provided for in § 68-127 or § 68-127.1 upon the
other property purchased with the proceeds of such sale. Any part of the
proceeds of such sale or taking not expended in making such other pur-
chase shall be disposed of in the manner prescribed in paragraph (a) of
this section.

§ 63-202.1. (a) Whenever a sale of real property of a recipient of
public assistance under this chapter is made or whenever any such real
property is taken by the exercise of the power of eminent domain, the
proceeds of such sale or from such taking payable to the recipient after
satisfying all prior liens and rights of others in said property shall be
used to satisfy the lien provided by § * 68-191, as amended, and the
balance, if any, of such proceeds shall be paid ‘to any person entitled
thereto. The local board shall upon satisfaction of such lien reimburse
the source or sources of the public assistance granted to such recipient in
the manner provided by § * 68-198.

(b) Nothing contained in paragraph (a) of this section shall prevent
a recipient of public assistance under this chapter from (1) selling real
property owned by him for the purpose of purchasing other real property
with the proceeds of such sale or (2) using for such purpose the proceeds
derived from a taking of real property of the recipient by the exercise of
the power of eminent domain, when such sale or use and other purchase
1s in the recipient’s best interest or convenience and the local board signt-
fies, in writing, assent to such sale or use and other purchase as being in
the recipient's best interest or convenience. During the interval between
such sale or taking and the purchase of other real property, the proceeds
of such sale or taking shall be paid to the local board and held by it until
such other purchase 1s made. When any such sale or use and other pur-
chase is made pursuant to this paragraph (b), the local board shall take
appropriate steps to effect a release of the lien provided for in § 68-191
from the property so sold or taken, and to establish the lien provided for
in § 68-191 upon the other property purchased with the proceeds of such
sale. Any part of the proceeds of such sale or taking not expended in
making such other purchase shall be disposed of in the manner prescribed
in paragraph (a) of this section.