Bill Text: VA SB1133 | 2011 | Regular Session | Chaptered
Bill Title: Filled subaqueous bottomlands; Marine Resources Commission to convey title if lawfully deposited.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-03-28 - Governor: Acts of Assembly Chapter text (CHAP0734) [SB1133 Detail]
Download: Virginia-2011-SB1133-Chaptered.html
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Be it enacted by the General Assembly of Virginia: 1. That §28.2-1200.1 of the Code of Virginia is amended and reenacted as follows: §28.2-1200.1. Conveyance of state-owned bottomlands. A. In order to fulfill the Commonwealth's responsibility under Article XI of the Constitution of Virginia to conserve and protect public lands for the benefit of the people, the Commonwealth shall not convey fee simple title to state-owned bottomlands covered by waters. However, the Commonwealth may grant a lease, easement, or other limited interest in state-owned bottomlands covered by waters pursuant to §28.2-1208 or as long as the property is used by a governmental entity for the performance of a governmental activity, as defined in §§28.2-1300 and 28.2-1400. B. 1. The Commonwealth may convey fee simple title to specified
parcels of state-owned bottomlands that have been lawfully filled. For the
purpose of this section, "lawfully filled" means the deposit of fill
was (i) authorized by statute, (ii) pursuant to valid court order, (iii)
authorized or permitted by state officials pursuant to statutory authority
subsequent to July 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
that state-owned bottomlands filled prior to July 1, 1960, were filled under
apparent color of authority and, it may also be presumed, that all of the fill
on the specified parcel was lawfully authorized if a substantial portion of the
fill on such parcel was authorized. Properties not qualified under clauses (i)
through (iv) of this 2. Titles to lands that (i) were once or may have been state-owned bottomlands covered by waters, (ii) were filled prior to July 1, 1960, and (iii) were acquired by private persons in good faith for value after such lands were filled, are hereby declared to be free and clear of any claimed ownership or interest by the Commonwealth and are released to such private persons and their successors and assigns by the Commonwealth to the extent that the areas of these lands were not state-owned bottomlands covered by waters on July 1, 1960. 3. This subsection shall not apply to any state-owned bottomlands filled by a publicly funded initiative and put to a continuing public use, which includes beach nourishment projects and public landings. C. Except as provided in subsection D, the grantee in a conveyance under subdivision B 1 shall compensate the Commonwealth in an amount commensurate with the property interest being conveyed, which shall be considered equivalent to 25 percent of the assessed value of the specified parcel, exclusive of any buildings or other improvements. The assessed value shall be established as the average of the local real estate tax assessments for the most recent 10 years available for the specified parcel. If no such assessments are available for the specified parcel, then the assessed value shall be calculated as the percentage, by square footage or acreage, that the specified parcel represents of the larger parcel for which such assessments are available. D. If the Commission determines that unique circumstances exist, the Commission may allow the grantee in a conveyance under subdivision B 1 to compensate the Commonwealth in an amount less than 25 percent of the assessed value of the specified parcel. Any such determination by the Commission shall be justified in writing and shall not be subject to judicial review. 2. That any payments made to the Commonwealth for conveyances of state-owned bottomlands prior to July 1, 2011, shall not be refundable. 3. That the provisions of this act shall become effective on October 1, 2011. |
