CHAPTER 717

An Act to amend the Code of Virginia by adding to Chapter 9 of Title
2.1 thereof, a new article numbered 2.1, containing §§ 2.1-106.1
through 2.1-106.8 to require departments, agencies and institutions
to report on property not necessary for certain purposes; to authorize
the Director of the Division of Engineering and Buildings to take
possession of certain State-owned property, to authorize transfer of
possession of certain property between State departments, agencies
and institutions; to require departments, agencies and institutions
to make inquiry regarding available land under certain conditions;
to provide for disposition of certain property, or sale of surplus
property under the control of the Division of Engineering and Build-
ings; and to authorize the Director of the Division of Engineering
and Buildings to manage, harvest and sell timber on lands in the
possession and control of the Division. 8 814)

Approved April 5, 1968

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding to Chapter 9 of
Title 2.1 thereof a new article numbered 2.1, containing §§ 2.1-106.1
through 2.1-106.8, as follows:

§ 2.1-106.1. As used in this article, the word “property” shall be
construed to mean only land and any structures thereon.

§ 2.1-106.2. Whenever any department, agency or institution of
State Government shall possess or have under its control State-owned
property which is not being used or is not required for the purposes of
such department, agency or institution, it shall so notify the Director of
Engineering and Buildings.

§ 2.1-106.3. The Director of the Division of Engineering and Build-
ings shall examine such property and recommend to the Governor whether
or not such property shall be transferred to the possession or placed under
the control of the Division of Engineering and Buildings. The Governor
is authorized to transfer such property to the possession or control of the
Division of Engineering and Buildings after which the department,
agency or institution formerly possessing or controlling such property
shall have no further interest or control therein.

2.1-106.4. Any State department, agency or institution shall,
before purchasing or otherwise acquiring land for any capital improve-
ment, inquire if there is available any suitable land under the control
of the Division of Engineering and Buildings which can be authorized
for the purpose for which additional land is needed.

§ 2.1-106.5. The Director of the Division of Engineering and Build-
ings shall from time to time examine the condition of property under the
control of the Division of Engineering and Buildings and determine if
such property should be declared surplus.

§ 2.1-106.6. In the event any one or more State departments,
agencies or institutions notifies the Director of an interest in property
which otherwise, in the judgment of the Director, should be declared
surplus, the Governor may order a transfer of possession or otherwise
determine the disposition of such property, including the conditions of
transfer of possession from the Division of Engineering and Buildings.

§ 2.1-106.7. In the event no other department, agency or institu-
tion notifies the Director of an interest in such property, or in the event
the Governor shall determine to declare such property surplus, the Director
may dispose of such property as herein provided.
(a) After such declaration the Director may, with the approval of
the Governor in writing first obtained, proceed to sell the property, either
at public auction or by securing sealed bids in the discretion of the
Director. Notice of the time and place of sale, if by public auction, and
notice of sale, if sealed bids are to be sought, shall be given by advertise-
ment in at least three newspapers published and having general circulation
in the State, at least one of which shall have general circulation in the
county or city in which the property to be sold is located. At least sixty
days shall elapse between publication of such notice and the auction or the
date on which sealed bids will be opened.

(b) The Director shall have the right to reject any and all bids
received either at public auction or through sealed bids when, in the
opinion of the Director, the price is inadequate in relation to the value of
such property. If the Director deems the bid, in either case, fair and
adequate in relation to the value of the property, he shall recommend
acceptance of such bid to the Governor for approval. The deed conveying
such property to the purchaser shall be executed by the Director in the
name of the Commonwealth and shall be in form approved by the At-
torney General. The terms of the conveyance shall be subject to the
approval of the Governor in writing. In lieu of the sale of any such
property, the Director may, with the approval of the Governor, lease the
same to any responsible person, firm or corporation on such terms as shall
be fair and adequate in relation to the value of such property. The pro-
visions of this article requiring disposition of such property through the
medium of sealed bids or public auction shall not apply to any lease thereof.
The deed or lease to such property shall be in a form approved by the
Attorney General and shall be executed by the Director in the name of the
Division of Engineering and Buildings. The terms of any such lease shall
be subject to the approval of the Governor, in writing.

(c) The proceeds from all such sales or leases, above the costs of such
sale or lease, shall be paid into the General Fund of the State Treasury,
to be expended as provided by law.

§ 2.1-106.8. The Director is authorized and empowered to manage
and harvest timber on lands placed under his control in accordance with
the best timber management practices, after receiving the advice of the
State Forester. He is also authorized to sell such timber, but before such
sale is made, the State Forester or his deputy shall furnish the Director
with an estimate of the value of such timber. In the event of sale, the
proceeds shall first be used to defray the cost of the sale, and the remainder,
a any, of such funds shall be deposited in the General Fund of the State

easury.