§ 33.1-183.1. Authority to lease or convey airspace; terms of lease or conveyance; advertisement and bids; dispos...
The Board may lease or sell and convey the airspace superjacent or subjacent to any highway in this Commonwealth which is within its 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. It 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 Board 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 Board 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 Board shall advertise for bids at least fourteen 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 Board. The highest bid from a responsible bidder, in the sole discretion of the Board, shall be accepted; however the Board 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.)
Sections: Previous 33.1-177 33.1-178 33.1-179 33.1-180 33.1-181 33.1-182 33.1-183 33.1-183.1 33.1-184 33.1-185 33.1-186 33.1-189.1 33.1-190 33.1-190.1 33.1-190.2 NextLast modified: April 3, 2009