Code of Virginia

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Code of Virginia
Title 44. Military and Emergency Laws
Subtitle .
Chapter 2. Armories, Buildings and Grounds

Chapter 2. Armories, Buildings and Grounds.

§ 44-123. Repealed.

Repealed by Acts 2015, c. 221, cl. 2.

§ 44-123.1. Armory defined.

As used in this chapter, unless otherwise provided, the meaning of "armory" shall include training or logistical support facilities, such as, but not limited to, maintenance facilities, training areas, facilities at the State Military Reservation, Virginia Beach, Virginia, and the Fort Pickett Maneuver Training Center.

1976, c. 266; 2000, c. 296.

§ 44-123.2. Fort Pickett Reservation created; venue.

A. All those lands and improvements thereon constituting the special maritime and territorial jurisdiction of the United States formerly known as Fort Pickett, Virginia, shall specifically include but not be limited to those lands licensed by the Department of the Army to the Virginia Army National Guard on October 1, 1997, approximating 41,000 acres known as the Fort Pickett Maneuver Training Center, as well as those lands designated for transfer to the Nottoway County Local Reuse Authority by the United States Base Realignment and Closure Commission of 1996 approximating 4,100 acres, are hereby designated as the Fort Pickett Reservation.

B. Venue for all civil, criminal and traffic matters occurring on the Fort Pickett Reservation shall lie in Nottoway County.

2000, c. 296.

§ 44-123.3. Fort Pickett Police; powers; duties; functions.

There is hereby established within the Department of Military Affairs the Fort Pickett Police Department. The Fort Pickett Police may exercise within the limits of the Fort Pickett Reservation and, when assigned to any other property owned or controlled by the Commonwealth or any agency, department, institution or commission thereof, all the powers, duties and functions that are exercised by the police of the city, or the police or sheriff of the county within which said property is located. The jurisdiction of the Fort Pickett Police shall further extend 300 feet beyond the boundary of any property they are required to protect, such jurisdiction to be concurrent with that of other law-enforcement officers of the locality in which such property is located. The Fort Pickett Police shall refer any complaint which alleges a felony violation to the Virginia State Police or the sheriff of the appropriate jurisdiction who, in cooperation with the Fort Pickett Police, shall conduct an investigation if an investigation is warranted. All members of the Fort Pickett Police shall be subject to the provisions of § 2.2-1202.1 and Chapter 5 (§ 9.1-500 et seq.) of Title 9.1. The Fort Pickett Police Department shall be under the supervision of the Adjutant General, or his designee. The pay structure for the officers and supervisors of the Fort Pickett Police Department shall be the same as that set by the Compensation Board for sheriffs' offices.

2000, c. 296; 2012, cc. 803, 835.

§ 44-124. Repealed.

Repealed by Acts 1976, c. 266.

§ 44-124.1. Power of Adjutant General to acquire and maintain property.

The Adjutant General may acquire for and in the name of the Commonwealth, by gift, grant, appropriation, purchase such real or personal property as is necessary for the maintenance of, the training and administration of, the logistical support of, and the safeguarding of property in the care, custody or control of the Department of Military Affairs when such real or personal property is reasonably necessary to carry out and perform the duties required by this chapter and the duties of the office of the Adjutant General. The Adjutant General may make such acquisitions in cooperation with counties, cities, or incorporated towns, private corporations, voluntary incorporated or unincorporated associations or individuals, the United States or other states or commonwealths of the United States. The Adjutant General may provide for the day-to-day operation and maintenance of said facilities to include but not limited to heat, water, light, telephone service, sewer and other costs of operation, including insurance, and may in a like manner make additions, alterations and improvements to said facilities.

1976, c. 266.

§ 44-125. Repealed.

Repealed by Acts 1976, c. 266.

§ 44-129. Joint use of public buildings for armories.

The governing body of any county, city or incorporated town, wherein a unit or units of the Virginia National Guard have been, or may hereafter be established, may either severally, or acting jointly with each other, or with the Adjutant General, construct or acquire by purchase, contract, lease, gift, donation or condemnation, grounds and/or buildings which shall be suitable for public assemblages, conventions, exhibitions and entertainments; provided, that such buildings, or the plans and specifications therefor, are first approved by the Adjutant General as suitable for use as armories by such National Guard units; provided further, that such governing bodies or either of them, shall have contracted with the Adjutant General for the use of such buildings as an armory by such National Guard unit or units upon terms not inconsistent with this chapter.

1932, p. 759; Michie Code 1942, § 2673(112); R. P. 1948, § 44-129; 2015, c. 221.

§ 44-130. Public grounds for armory building purposes.

Any municipality or county owning lands on which no permanent building has been actually constructed whether such lands constitute part of a park or site for some public structure, is authorized to convey the same to the Commonwealth for use as a site for an armory for the Virginia National Guard; provided, that such conveyance will not prevent the reasonable use of any such structure for the purpose for which it was constructed.

1932, p. 760; Michie Code 1942, § 2673(113); R. P. 1948, § 44-130.

§ 44-131. Military property exempt from taxation.

All property actually used for armory and military training purposes, as hereinabove defined, shall be exempt from all taxation, impost or assessment.

1932, p. 760; Michie Code 1942, § 2673(114); R. P. 1948, § 44-131.

§ 44-132. Power of condemnation.

The power of condemnation herein granted to the Adjutant General and to counties, cities and incorporated towns, shall be exercised in the manner prescribed in the Code of Virginia.

1932, p. 760; Michie Code 1942, § 2673(115); R. P. 1948, § 44-132.

§ 44-133. Repealed.

Repealed by Acts 2015, c. 221, cl. 2.

§ 44-134. Management and care of armories and training areas.

The Adjutant General shall be responsible for the general management and care of armories and drill and training areas, and shall have the power to adopt and prescribe such rules and regulations for the management and government and for the guidance of the organizations occupying them as may be necessary and desirable; but such rules are not to conflict with the provisions of this chapter.

1932, p. 760; Michie Code 1942, § 2673(117); R. P. 1948, § 44-134.

§ 44-134.1. Repealed.

Repealed by Acts 1981, c. 219.

§ 44-135. Repealed.

Repealed by Acts 1976, c. 266.

§ 44-135.1. Armory control board for each armory; temporary renting.

Each armory erected or provided by the Commonwealth under the provisions of this chapter, excepting those armories or logistical support facilities provided for by license agreement with the United States, shall have an armory control board appointed by the Adjutant General to consist of one or more officers of the organization or organizations quartered therein, and any other persons deemed necessary by the Adjutant General. Such board of control may rent the armory and any temporary quarters or billeting facilities thereon for temporary purposes, subject to any regulations or conditions that may be prescribed by the Adjutant General or such board of control. The money derived from the rental shall be placed in a special revenue interest-earning fund, and properly accounted for. Any nonappropriated funds and interest earned from such funds shall be used to defray the cost of operating, improving, and maintaining such armory and its facilities. Any money remaining in the fund at the end of the fiscal year shall not revert to the general fund but shall remain in the fund.

1976, c. 266; 1996, cc. 137, 802.

§ 44-136. Sale or lease of armories.

When the Adjutant General shall receive information from the Governor of the disbandment of an organization of the National Guard occupying or using an armory provided by the Commonwealth under the direction of the Adjutant General, he shall determine whether such armory shall be sold or not, and if it is determined that such armory be sold after due publication as prescribed by the laws of the Commonwealth for the sale of real estate under a deed of trust, it shall be sold at public auction for the highest price to be paid for same, and upon such terms and conditions as may seem best to the Adjutant General. The proceeds of such sale shall be divided between the Commonwealth, county, city or individual, as their interest may appear.

In case an armory becomes vacant by any reason mentioned in this section, the Adjutant General may lease such armory for a period not to exceed one year, or, when duly authorized by the Governor, may lease the same for a period of years, the proceeds due the Commonwealth therefrom in either case to be turned into the state treasury to be credited to the Armory Fund. Should there be other owner or owners than the Commonwealth then the balance of the proceeds shall be equitably turned over to them as their interest may appear. During the time that the troops quartered in an armory are absent from their home station, in federal service, the armory may be leased as above provided, but not sold.

1932, p. 761; Michie Code 1942, § 2673(118); R. P. 1948, § 44-136; 2015, c. 221.

§ 44-137. City and county aid.

Every city and county in the Commonwealth having an active National Guard or Virginia Defense Force organization or organizations is authorized to render such financial assistance as it may deem wise and patriotic to such organization or organizations, either by donating land or buildings, or donating the use of land or buildings, or by contributing to their equipment and maintenance.

1932, p. 761; Michie Code 1942, § 2673(119); R. P. 1948, § 44-137; 1976, c. 266; 2014, cc. 30, 547; 2015, c. 221.

§ 44-138. Maintenance funds.

In order that there shall be provided maintenance funds for armories and other buildings erected, and areas provided for drill and training and other military purposes under the provisions of this chapter, the Adjutant General is authorized to draw a voucher for such funds, to be paid from any appropriation provided.

1932, p. 761; Michie Code 1942, § 2673(120); R. P. 1948, § 44-138.

§ 44-139. Reversions of donations.

In the event that any real property is donated, deeded, or otherwise conveyed for a nominal sum to the Commonwealth, Department of Military Affairs, Virginia National Guard, Virginia Army or Air National Guard, Virginia Defense Force, or a subordinate element of any such entity under the provisions of this chapter for the purpose of supporting Virginia National Guard or Virginia Defense Force operations, and the organization shall fail to accept such property, or shall, after accepting it, upon determination by the Adjutant General, no longer require the property to support the organization's mission, the title to the property thus donated, deeded, or otherwise conveyed may, at the discretion of the Adjutant General, revert to the person, county, or municipality donating such property as their interest may appear. If the Adjutant General chooses not to allow the reversion or if the person, county, or municipality declines to reacquire such property, it shall be declared excess.

1932, p. 761; Michie Code 1942, § 2673(121); R. P. 1948, § 44-139; 2015, c. 221; 2018, c. 647.

§ 44-140. Liberal construction.

This chapter shall be liberally construed in favor of its purposes.

1932, p. 762; Michie Code 1942, § 2673(123); R. P. 1948, § 44-140.