2006 Code of Virginia § 2.2-1151 - Conveyance of easements and appurtenances thereto to cable television companies, utility companies...

2.2-1151. Conveyance of easements and appurtenances thereto to cabletelevision companies, utility companies, public service companies, politicalsubdivisions by state departments, agencies or institutions; communicationtowers.

A. Any state department, agency or institution, through its executive head orgoverning board may convey to public utility companies, public servicecorporations or companies, political subdivisions or cable televisioncompanies, right-of-way easements over property owned by the Commonwealth andheld in its possession and any wires, pipes, conduits, fittings, supports andappurtenances thereto for the transmission of electricity, telephone, cabletelevision, water, gas, steam, or sewage placed on, over or under theproperty for such consideration as the executive head or governing board ofthe agency deems proper, when such conveyance is deemed to be in the publicinterest.

B. Any state department, agency or institution having responsibility for astate-owned office building, through its executive head or governing board,may lease space to a credit union in the building for the purpose ofproviding credit union services that are readily accessible to stateemployees. The lease shall be for a term of not more than five years, withannual renewals or new leases permitted thereafter. The department, agency orinstitution responsible for the building may forego all rent or charge lessthan the fair market value.

C. When it is deemed to be in the public interest, and subject to guidelinesadopted by the Department, property owned by the Commonwealth may be sold orleased or other interests or rights therein granted or conveyed to politicalsubdivisions or persons providing communication or information services forthe purpose of erecting, operating, using or maintaining communicationtowers, antennas, or other radio distribution devices. If any tower proposedto be erected on property owned by the Commonwealth is to be used solely byprivate persons providing communication or information services, and there isno immediate use planned or anticipated by any department, agency orinstitution of the Commonwealth or political subdivision, the guidelinesshall provide a means to obtain comments from the local governing body wherethe property is located. The conveyances shall be for such consideration asthe Director of the Department deems appropriate, and may include shared useof the facilities by other political subdivisions or persons providing thesame or similar services, and by departments, agencies, or institutions ofthe Commonwealth.

D. No transaction authorized by this section shall be made without the priorwritten recommendation of the Department to the Governor, the writtenapproval of the Governor of the transaction itself, and the approval of theAttorney General as to the form of the instruments prior to execution.

(1984, c. 641, 2.1-504.4; 1986, c. 536; 1989, c. 710; 1996, c. 442; 2001,c. 844.)

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