Notwithstanding the provisions of subsection A of § 15.2-2000, subject to the provisions of Article VII, Section 9 of the Constitution of Virginia when applicable, any locality may by ordinance authorize the sale or lease of the airspace over or under any public street, lane, alley or other public right-of-way in such locality owned by it in fee simple; provided, that any building, structure or appurtenance thereto, constructed over any such street, lane, alley or other public right-of-way shall have a minimum clearance of sixteen feet six inches and providing further that nothing herein shall be construed to relieve any such grantee or lessee of such airspace of the liability for negligence on their part. No such ordinance shall be adopted until the governing body has held a public hearing thereon after public notice as provided in § 15.2-2204. In addition, in those public rights-of-way in which the Commonwealth has a prescriptive easement for maintenance and public travel, the airspace shall be conveyed or leased only with the consent, in writing, of the Commissioner of Highways.
Should the construction of any building or structure in any such airspace require the relocation of any utility, the cost of such relocation shall be borne by the grantee or lessee.
1964, c. 373, § 15.1-376.1; 1966, c. 44; 1970, c. 570; 1979, c. 431; 1997, c. 587.
Structure Code of Virginia
Title 15.2 - Counties, Cities and Towns
Chapter 20 - Streets and Alleys
§ 15.2-2000. State highway systems excepted; town streets
§ 15.2-2001. Streets, sidewalks and public rights-of-way generally
§ 15.2-2002. Acquisitions in connection with public right-of-way changes
§ 15.2-2003. Acquisition of land for public rights-of-way outside certain corporate limits
§ 15.2-2004. Streets, highways, etc., outside a city or town
§ 15.2-2005. Streets, etc., through any lands belonging to Commonwealth
§ 15.2-2006. Alteration and vacation of public rights-of-way; appeal from decision
§ 15.2-2007. Fee for processing application under § 15.2-2006
§ 15.2-2007.1. Appointment of viewers in certain cities
§ 15.2-2008. Sale of public rights-of-way, easements, etc., to certain purchasers
§ 15.2-2009. Obstructions or encroachments
§ 15.2-2009.1. Dangerous roadside vegetation
§ 15.2-2010. Localities may permit awnings, fire escapes, etc., to overhang public rights-of-way
§ 15.2-2011. Localities may permit existing encroachments
§ 15.2-2012. Fee for processing application
§ 15.2-2013. Temporary closing of rights-of-way
§ 15.2-2014. Temporary closing of rights-of-way in certain circumstances
§ 15.2-2016. Regulation of services and rates charged by person using streets, etc.
§ 15.2-2017. Public utilities not to use streets without consent
§ 15.2-2018. Use of certain public property without consent or franchise
§ 15.2-2019. Localities may name streets, roads and alleys
§ 15.2-2020. Lights on public rights-of-way in counties
§ 15.2-2021. Ramps on curbs of certain streets; specifications
§ 15.2-2022.1. Turns into or out of certain residential areas; resident permits
§ 15.2-2023. Expenditure of county revenues for certain roads
§ 15.2-2024. Numbers to be displayed on buildings
§ 15.2-2025. Removal of snow and ice
§ 15.2-2026. Limited access streets
§ 15.2-2027. Regulation of private roadways within multifamily residential developments
§ 15.2-2028. Regulation of traffic
§ 15.2-2029. Regulation of transportation of certain materials