2014 Virginia Code
Title 33.1 - Highways, Bridges and Ferries
§ 33.1-183.1. (Repealed effective October 1, 2014) Authority to lease or convey airspace; terms of lease or conveyance; advertisement and bids; disposition of compensation for lease or conveyance
The Commissioner of Highways may lease or sell and convey the airspace superjacent or subjacent to any highway in this Commonwealth which is within his jurisdiction and in which the Commonwealth owns fee simple title after satisfying itself that use of the airspace will not impair the full use and safety of the highway or otherwise interfere with the free flow of traffic thereon and it cannot be reasonably foreseen as needed in the future for highway and other transit uses and purposes. The Commissioner of Highways may provide in such leases and conveyances of airspace for columns of support, in fee or otherwise, ingress, egress and utilities.
No lease or conveyance shall be entered into by the Commissioner of Highways until after the time the county, city or town, by action of its governing body by majority recorded vote, approves the projected use and has zoned the airspace in question or has otherwise taken such steps as it deems proper to regulate the type and use of the improvements to be erected in such airspace.
All leases and conveyances shall contain those terms deemed necessary by the Commissioner of Highways to protect the interests of the Commonwealth and the public and shall not be entered into until after public advertising for bids for such airspace. The Commissioner of Highways shall advertise for bids at least 14 days prior to the execution of a lease or a conveyance. The advertisement shall state the place where bidders may examine a map of the airspace, the general terms of the lease or conveyance and the time and place when bids will be opened by the Commissioner of Highways. The highest bid from a responsible bidder, in the sole discretion of the Commissioner of Highways, shall be accepted; however the Commissioner of Highways may reject all bids and advertise the property again.
Compensation paid for such leases and conveyances shall be credited to the fund for highway maintenance and construction.
1979, c. 431; 2013, cc. 585, 646.
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