Closed - Real Estate Exemption

Also, see 1999 FOIA changes

FOI Advisory Council Opinion AO-07-15

Generally, FOIA does not prohibit the release of public records or the exercise of free speech. FOIA does not grant special rights to elected officials that differ from those of other Virginia citizens. Real estate appraisals may be withheld until the completion of a proposed purchase, sale, or lease.

FOI Advisory Council Opinion AO-03-10

FOIA provides exemptions from mandatory disclosure for certain records related to closed meetings. However, FOIA does not address whether a mayor may demand that at the conclusion of a closed meeting members of a local governing body give to the mayor any documents distributed or notes taken during the closed meeting.

FOI Advisory Council Opinion AO-13-07

FOIA allows public bodies to hold closed meetings to discuss the acquisition of real property if holding the discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body. Absent such jeopardy to the public body's bargaining position or negotiating strategy, these discussions must be open.

FOI Advisory Council Opinion AO-31-01

Though a public body may discuss the sale of publicly held real property in closed meeting, FOIA and subsection B of ß15.2-1800 require a public meeting and vote before selling the property.

FOI Advisory Council Opinion AO-08-00

The condition or use of real estate is no longer a valid topic for a closed meeting; city manager's working paper exemption evaporates once he disseminates document.

Attorney General's Opinion 1998 #096

A public body may meet in executive session to discuss the acquisition, condition or use of public property.

Attorney General's Opinion 1981-82 #439

Legislatively created political subdivision may discuss bond financing and acquisition of property to be developed and sold for the subdivision. The subdivsion cannot, however, meet in executive session to discuss industrial revenue bond financing of privately owned property for private commercial or industrial purposes.

Attorney General's Opinion 1980-81 #387

Public body may use real estate exemption to discuss relocation of an arts center onto now-privately owned land. Public body cannot meet in closed session to discuss garbage collection, drainage problems, or the use of a private company for city-owned auto repairs. Legal matters exemption applies to discussion of prosecuting owners of adult entertainment establishments.

Attorney General's Opinion 1980-81 #386

Public body may not use the real estate exemption to hold an executive meeting to discuss potential health hazards or government asbestos ratings of publicly owned buildings.

Attorney General's Opinion 1978-79 #314

Board cannot meet in executive session to discuss expansion of private college.


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