The Commissioner of Highways may lease or sell and convey the airspace superjacent or subjacent to any highway in the Commonwealth that 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 unless the locality, by action of its governing body by majority recorded vote, approves the projected use of the airspace in question and has taken such steps as it deems proper to regulate the type and use of the improvements to be erected in such airspace by appropriate zoning or other method of land use control.
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. The Commissioner of Highways may utilize any competitive procurement process authorized by law, including (i) competitive sealed bidding, (ii) competitive negotiation, (iii) best value procurements as defined in § 2.2-4301, and (iv) public-private partnerships pursuant to the Public-Private Transportation Act of 1995 (§ 33.2-1800 et seq.), as determined by the Commissioner of Highways, in his sole discretion, to be appropriate and the method most likely to achieve the identified goals of the proposed lease or sale and conveyance of airspace. The Commissioner of Highways may reject any bid or offer that he believes is not in the best interest of the Commonwealth.
Compensation paid for such leases and conveyances shall be credited to the Priority Transportation Fund established pursuant to § 33.2-1527.
1979, c. 431, § 33.1-183.1; 2013, cc. 585, 646; 2014, c. 805; 2017, c. 278; 2020, cc. 1230, 1275.
Structure Code of Virginia
Title 33.2 - Highways and Other Surface Transportation Systems
Chapter 2 - Transportation Entities
§ 33.2-200. Commonwealth Transportation Board; membership; terms; vacancies
§ 33.2-201. Appointment requirements; statewide interest
§ 33.2-203. Salaries and expenses
§ 33.2-205. Oaths and bonds of members
§ 33.2-207. Bookkeeping system
§ 33.2-208. Location of routes
§ 33.2-210. Traffic regulations; penalty
§ 33.2-211. Copies of regulations as evidence
§ 33.2-212. Sections not applicable to certain engines and tractors
§ 33.2-213. Naming highways, bridges, interchanges, and other transportation facilities
§ 33.2-214. Transportation; Six-Year Improvement Program
§ 33.2-214.1. Statewide prioritization process for project selection
§ 33.2-214.3. Transparency in project selection in Planning District 8
§ 33.2-214.4. Statewide prioritization for the Commonwealth Mass Transit Fund
§ 33.2-215. Policies and operation of Departments
§ 33.2-216. Roadside memorials; penalty
§ 33.2-217. Prohibition of certain weeds and plants on highway rights-of-way
§ 33.2-218. Fees for participating in the Integrated Directional Sign Program
§ 33.2-219. Statements to be filed with Commonwealth Transportation Board by transit systems
§ 33.2-221. Other powers, duties, and responsibilities
§ 33.2-222. Commissioner of Highways
§ 33.2-223. General powers of Commissioner of Highways
§ 33.2-224. Employees; delegation of responsibilities
§ 33.2-225. Liaison duties with other organizations
§ 33.2-226. Authority to lease or convey airspace
§ 33.2-227. Defense of employees
§ 33.2-228. Agreements between Commissioner of Highways and certain localities
§ 33.2-229. Furnishing information regarding right-of-way transactions
§ 33.2-230. Written notice of decision to dispose of real property
§ 33.2-231. Establish community service landscaping program
§ 33.2-233. Gathering and reporting of information and statistics
§ 33.2-234. Construction by state or local employees
§ 33.2-237. Directional signs for certain educational institutions
§ 33.2-239. Providing highway detours
§ 33.2-240. Connections over shoulders of highways for intersecting private roads
§ 33.2-242. Replacing entrances destroyed in the repair or construction of highways
§ 33.2-243. Paying for damages sustained to personal property by reason of work projects, etc.
§ 33.2-244. Removal of snow and ice from public highways by private entities
§ 33.2-245. Comprehensive highway access management standards
§ 33.2-246. Recreational waysides; regulations; penalties
§ 33.2-247. Wetlands mitigation banking
§ 33.2-248. Expenditure of funds for interstate bridges and approaches
§ 33.2-249. Maintenance and operation of bridges or tunnels on the city and state line
§ 33.2-250. Improving certain private roads and certain town streets and roads
§ 33.2-251. Installation and maintenance of "children at play" signs in counties and towns
§ 33.2-252. Tramways and railways along or across public highways; appeals
§ 33.2-253. Highway safety corridor program
§ 33.2-254. Erection and maintenance of newspaper route boxes
§ 33.2-255. Sale or lease of properties acquired for highway construction
§ 33.2-256. Department of Transportation established
§ 33.2-257.1. Notice to be provided to property owners of pending transportation projects
§ 33.2-258. Environmental permits for highway projects; timely review
§ 33.2-259. Maintain drainage easements
§ 33.2-260. Specifications in purchasing lubricating motor oil
§ 33.2-261. Value engineering required in certain projects
§ 33.2-263. School bus stop signs or other indicators
§ 33.2-264. Livestock on right-of-way of the systems of state highways
§ 33.2-265. Comprehensive roadside management program
§ 33.2-266. Intermittent closing of highways subject to flooding; permits; notice
§ 33.2-267.1. Human trafficking hotline; posted notice required
§ 33.2-269. Localities may use design-build contracts
§ 33.2-270. Provide for training of certain local employees
§ 33.2-271. Maintain property acquired for construction of transportation projects
§ 33.2-272.1. Interstate pipelines; Department of Transportation oversight
§ 33.2-273. Use of steel plates in connection with highway repairs
§ 33.2-274. Application and installation of traffic control measures
§ 33.2-274.1. Roadside safety devices to be equipped with identification numbers
§ 33.2-275. Periodic quantitative rating of certain highways
§ 33.2-275.1. Primary evacuation routes; public information
§ 33.2-276. Noise abatement practices and technologies
§ 33.2-277. Sale of materials to, and use of equipment by, localities and school boards
§ 33.2-278. Facilities for persons desiring to fish from bridges
§ 33.2-280. Treatment of highway surfaces for dust control
§ 33.2-280.1. Charging electronic toll collection device fees
§ 33.2-282. Department of Rail and Public Transportation created; appointment of Director
§ 33.2-283. Powers and duties of the Director of the Department of Rail and Public Transportation
§ 33.2-284. General powers of the Department of Rail and Public Transportation
§ 33.2-285. Responsibilities of Department of Rail and Public Transportation
§ 33.2-286. Urban transit agency strategic plans
§ 33.2-288. Declaration of public purpose; Virginia Passenger Rail Authority
§ 33.2-289. Board of Directors
§ 33.2-290. Executive Director; agents and employees
§ 33.2-291. Local authorities subordinate to Authority
§ 33.2-292. Powers of the Authority
§ 33.2-293. Acquisition, possession, and disposition of rail facilities; eminent domain
§ 33.2-295. Deposit and investment of funds
§ 33.2-296. Revenues of the Authority
§ 33.2-297. Moneys of Authority
§ 33.2-299. Recordkeeping; audits
§ 33.2-299.1. Exemption of Authority from personnel and procurement procedures
§ 33.2-299.2. Police powers; Authority rules and regulations
§ 33.2-299.3. Governmental function; exemption from taxation
§ 33.2-299.4. Cooperation with federal agencies
§ 33.2-299.5. Continuing responsibilities of the Transportation Board and the Department