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Virginia State Land Right-of-Way (3-VA-b)

Information current as of 2020
In Virginia, a developer may need approval from the state land management agency with jurisdiction over the proposed project site to access state lands necessary for the construction of a project. “Any state department, agency or institution, through its executive head or governing board may convey to public utility companies, [and] public service corporations or companies…right-of-way easements over property” owned by the state of Virginia for the purpose of constructing “any wires…for the transmission of electricity.” Va. Code Ann. § 2.2-1151. State land management agencies have the authority to lease state land pursuant to Va. Code Ann. § 2.2-1151.



State Land Right-of-Way Process


3-VA-b.1 – Contact State Land Management Agency with Jurisdiction Over the Proposed Project Site

Prior to initiating construction, the developer should contact the appropriate land management agency with jurisdiction over the proposed project site. Va. Code Ann. § 2.2-1151. State land management agencies may have different processes for obtaining a state land lease. Where the transmission rights-of-way cross areas of land managed by state agencies, the developer should contact the appropriate state land management agencies “early in the planning of the transmission project.” SCC Guidelines for Transmission Line Applications Filed Under Title 56.

3-VA-b.2 to 3-VA-b.3 – Negotiate Land Lease

The developer must negotiate a land lease with the state land management agency with jurisdiction over the proposed project site. Va. Code Ann. § 2.2-1151. The Attorney General’s Real Estate and Land Use Section serves as legal counsel to state agencies in executing leases and easements on state lands. Attorney General Office, Real Estate and Land Use Section Webpage.

3-VA-b.4 to 3-VA-b.6 – Review Lease Materials for Completeness

The Attorney General’s Office reviews the lease materials for completeness and adherence to contract formation requirements. Prior to executing a state land lease agreement, the Attorney General’s Office must approve the terms of the state land lease agreement. Va. Code Ann. § 2.2-1151.

3-VA-b.7 to 3-VA-b.9 – Submit Proposed Lease to Department of General Services for Review

The Attorney General’s Office submits the proposed lease to the Virginia Department of General Services for review and recommendation. Upon reviewing the proposed lease agreement, the Department of General Services makes a recommendation on the proposed lease agreement. Va. Code Ann. § 2.2-1151.

3-VA-b.10 to 3-VA-b.12 – Does the Department of General Services Recommend the Proposed Land Lease?

If the Department of General Services does not recommend the proposed land lease then the lease cannot proceed. The developer and appropriate state land management agency should re-negotiate the lease. If the Department of General Services recommends the proposed lease, the Department of General Services submits the proposed lease to the Governor’s Office for review. Va. Code Ann. § 2.2-1151.

3-VA-b.13 to 3-VA-b.15 – Review Proposed Lease for Approval

A state land lease may not be executed without the Governor’s approval. Va. Code Ann. § 2.2-1151. If the Governor does not approve the land lease the developer and the appropriate state land management agency should re-negotiate the lease.


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Edit Virginia Department of General Services
Division of Real Estate Services 804-371-7200 DRES-Info@dgsabbazabbavirginiaabbazabbagov Visit Website

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