10.1-1704 - Diversion of property from open-space land use; conveyance or lease of open-space land. - Virginia Statutes

§ 10.1-1704. Diversion of property from open-space land use; conveyance orlease of open-space land.

A. No open-space land, the title to or interest or right in which has beenacquired under this chapter and which has been designated as open-space landunder the authority of this chapter, shall be converted or diverted fromopen-space land use unless (i) the conversion or diversion is determined bythe public body to be (a) essential to the orderly development and growth ofthe locality and (b) in accordance with the official comprehensive plan forthe locality in effect at the time of conversion or diversion and (ii) thereis substituted other real property which is (a) of at least equal fair marketvalue, (b) of greater value as permanent open-space land than the landconverted or diverted and (c) of as nearly as feasible equivalent usefulnessand location for use as permanent open-space land as is the land converted ordiverted. The public body shall assure that the property substituted will besubject to the provisions of this chapter.

B. A public body may convey or lease any real property it has acquired andwhich has been designated for the purposes of this chapter. The conveyance orlease shall be subject to contractual arrangements that will preserve theproperty as open-space land, unless the property is to be converted ordiverted from open-space land use in accordance with the provisions ofsubsection A of this section.

(1966, c. 461, § 10-153; 1988, c. 891; 1997, c. 338.)