{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2100.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2100.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2100.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2100.html"}],"law_id":71724,"edition_id":1,"section_id":71724,"structure_id":14214,"section_number":"15.2-2100","catch_line":"Restrictions on selling certain municipal public property and granting franchises","history":"Code 1950, \u00a7 15-727; 1962, c. 623, \u00a7 15.1-307; 1971, Ex. Sess., c. 64; 1997, c. 587; 2001, c. 498.","full_text":"A\n\nNo rights of a city or town in and to its waterfront, wharf property, public landings, wharves, docks, streets, avenues, parks, bridges, or other public places, or its gas, water, or electric works shall be sold except by an ordinance passed by a recorded affirmative vote of three-fourths of all the members elected to the council, notwithstanding any contrary provision of law, general or special, and under such other restrictions as may be imposed by law. Notwithstanding any contrary provision of law, general or special, in case of a veto by the mayor of such an ordinance, it shall require a recorded affirmative vote of three-fourths of all the members elected to the council to override the veto.B\n\nNo franchise, lease or right of any kind to use any such public property or any other public property or easement of any description, in a manner not permitted to the general public, shall be granted for a period longer than forty years, except for air rights together with easements for columns for support, which may be granted for a period not exceeding sixty years.\n\t\t\tBefore granting any such franchise or privilege for a term in excess of five years, except for a trunk railway, the city or town shall, after due advertisement, publicly receive bids therefor, in such manner as is provided by &#xA7; 15.2-2102, and shall then act as may be required by law.\n\t\t\tSuch grant, and any contract in pursuance thereof, may provide that, upon the termination of the grant, the plant as well as the property, if any, of the grantee in the streets, avenues and other public places shall thereupon, without compensation to the grantee, or upon the payment of a fair valuation become the property of the city or town; but the grantee shall be entitled to no payment by reason of the value of the franchise. Any such plant or property acquired by a city or town may be sold or leased or, if authorized by general law, maintained, controlled, and operated by such city or town. Every such grant shall specify the mode of determining any valuation therein provided for and shall make adequate provisions by way of forfeiture of the grant, or otherwise, to secure efficiency of public service at reasonable rates and the maintenance of the property in good order throughout the term of the grant.C\n\nAny additional restriction now required in any existing municipal charter relating to the powers of cities and towns in selling or granting franchises or leasing any of their property is hereby superseded; however, nothing herein contained shall be construed as affecting the term of any existing franchise, lease or right. The requirement of an affirmative three-fourths vote of council shall apply only to the sale of the listed properties and not to their franchise, lease or use.D\n\nThe provisions of this section shall only apply to cities or towns and shall not apply to counties or other political subdivisions.","order_by":null,"text":{"0":{"id":258409,"text":"No rights of a city or town in and to its waterfront, wharf property, public landings, wharves, docks, streets, avenues, parks, bridges, or other public places, or its gas, water, or electric works shall be sold except by an ordinance passed by a recorded affirmative vote of three-fourths of all the members elected to the council, notwithstanding any contrary provision of law, general or special, and under such other restrictions as may be imposed by law. Notwithstanding any contrary provision of law, general or special, in case of a veto by the mayor of such an ordinance, it shall require a recorded affirmative vote of three-fourths of all the members elected to the council to override the veto.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":258410,"text":"No franchise, lease or right of any kind to use any such public property or any other public property or easement of any description, in a manner not permitted to the general public, shall be granted for a period longer than forty years, except for air rights together with easements for columns for support, which may be granted for a period not exceeding sixty years.\n\t\t\tBefore granting any such franchise or privilege for a term in excess of five years, except for a trunk railway, the city or town shall, after due advertisement, publicly receive bids therefor, in such manner as is provided by &#xA7; 15.2-2102, and shall then act as may be required by law.\n\t\t\tSuch grant, and any contract in pursuance thereof, may provide that, upon the termination of the grant, the plant as well as the property, if any, of the grantee in the streets, avenues and other public places shall thereupon, without compensation to the grantee, or upon the payment of a fair valuation become the property of the city or town; but the grantee shall be entitled to no payment by reason of the value of the franchise. Any such plant or property acquired by a city or town may be sold or leased or, if authorized by general law, maintained, controlled, and operated by such city or town. Every such grant shall specify the mode of determining any valuation therein provided for and shall make adequate provisions by way of forfeiture of the grant, or otherwise, to secure efficiency of public service at reasonable rates and the maintenance of the property in good order throughout the term of the grant.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":258411,"text":"Any additional restriction now required in any existing municipal charter relating to the powers of cities and towns in selling or granting franchises or leasing any of their property is hereby superseded; however, nothing herein contained shall be construed as affecting the term of any existing franchise, lease or right. The requirement of an affirmative three-fourths vote of council shall apply only to the sale of the listed properties and not to their franchise, lease or use.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":258412,"text":"The provisions of this section shall only apply to cities or towns and shall not apply to counties or other political subdivisions.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14214,"edition_id":1,"name":"Franchises; Sale and Lease of Certain Public Property","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13192,"metadata":{},"date_created":"2026-06-26 03:47:18","date_modified":"2026-06-26 03:47:18","permalink":{"id":154335,"object_type":"structure","relational_id":14214,"identifier":"1","token":"15.2\/II\/21\/1","url":"\/15.2\/II\/21\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13192,"edition_id":1,"name":"Franchises; Sale and Lease of Certain Municipal Public Property; Public Utilities","identifier":"21","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:44:25","date_modified":"2026-06-26 03:44:25","permalink":{"id":154333,"object_type":"structure","relational_id":13192,"identifier":"21","token":"15.2\/II\/21","url":"\/15.2\/II\/21\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71724,"structure_id":14214,"section_number":"15.2-2100","catch_line":"Restrictions on selling certain municipal public property and granting franchises","url":"\/15.2-2100\/","token":"15.2\/II\/21\/1\/15.2-2100","metadata":false},{"id":68887,"structure_id":14214,"section_number":"15.2-2101","catch_line":"Ordinance proposing grant of franchise, etc., to be advertised","url":"\/15.2-2101\/","token":"15.2\/II\/21\/1\/15.2-2101","metadata":false},{"id":86585,"structure_id":14214,"section_number":"15.2-2102","catch_line":"How bids received and to whom franchise awarded","url":"\/15.2-2102\/","token":"15.2\/II\/21\/1\/15.2-2102","metadata":false},{"id":59673,"structure_id":14214,"section_number":"15.2-2103","catch_line":"Award when no satisfactory bid received","url":"\/15.2-2103\/","token":"15.2\/II\/21\/1\/15.2-2103","metadata":false},{"id":73557,"structure_id":14214,"section_number":"15.2-2103.1","catch_line":"Solar services agreements; nondisclosure of proprietary information","url":"\/15.2-2103.1\/","token":"15.2\/II\/21\/1\/15.2-2103.1","metadata":false},{"id":56639,"structure_id":14214,"section_number":"15.2-2104","catch_line":"Bond of person awarded franchise, etc","url":"\/15.2-2104\/","token":"15.2\/II\/21\/1\/15.2-2104","metadata":false},{"id":70043,"structure_id":14214,"section_number":"15.2-2105","catch_line":"How amendments made to franchise, etc.; notice required","url":"\/15.2-2105\/","token":"15.2\/II\/21\/1\/15.2-2105","metadata":false},{"id":69573,"structure_id":14214,"section_number":"15.2-2105.1","catch_line":"Granting franchises for operation of a vehicular ferry transportation system","url":"\/15.2-2105.1\/","token":"15.2\/II\/21\/1\/15.2-2105.1","metadata":false},{"id":76839,"structure_id":14214,"section_number":"15.2-2106","catch_line":"Powers of court to enforce obedience by mandamus, etc","url":"\/15.2-2106\/","token":"15.2\/II\/21\/1\/15.2-2106","metadata":false},{"id":62360,"structure_id":14214,"section_number":"15.2-2107","catch_line":"Persons occupying or using streets, etc., contrary to law","url":"\/15.2-2107\/","token":"15.2\/II\/21\/1\/15.2-2107","metadata":false},{"id":58214,"structure_id":14214,"section_number":"15.2-2108","catch_line":"Repealed","url":"\/15.2-2108\/","token":"15.2\/II\/21\/1\/15.2-2108","metadata":false},{"id":74917,"structure_id":14214,"section_number":"15.2-2108.1","catch_line":"Regulation of open video systems","url":"\/15.2-2108.1\/","token":"15.2\/II\/21\/1\/15.2-2108.1","metadata":false},{"id":55412,"structure_id":14214,"section_number":"15.2-2108.1:1","catch_line":"Franchise fees and public rights-of-way fees on cable operators","url":"\/15.2-2108.1_1\/","token":"15.2\/II\/21\/1\/15.2-2108.1_1","metadata":false}],"next_section":{"id":68887,"structure_id":14214,"section_number":"15.2-2101","catch_line":"Ordinance proposing grant of franchise, etc., to be advertised","url":"\/15.2-2101\/","token":"15.2\/II\/21\/1\/15.2-2101","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2100\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 623; in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0587\">587<\/a>; in 2001, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?011+ful+CHAP0498\">498<\/a>.<\/p>","references":[{"id":71811,"section_number":"15.2-107","catch_line":"Advertisement and enactment of certain fees and levies","order_by":null,"url":"\/15.2-107\/"},{"id":68887,"section_number":"15.2-2101","catch_line":"Ordinance proposing grant of franchise, etc., to be advertised","order_by":null,"url":"\/15.2-2101\/"},{"id":83742,"section_number":"15.2-2108.23","catch_line":"Regulation of rights-of-way; fees","order_by":null,"url":"\/15.2-2108.23\/"},{"id":81245,"section_number":"15.2-2108.30","catch_line":"Renewal","order_by":null,"url":"\/15.2-2108.30\/"},{"id":55243,"section_number":"2.2-3112","catch_line":"Prohibited conduct concerning personal interest in a transaction; exceptions","order_by":null,"url":"\/2.2-3112\/"},{"id":59772,"section_number":"2.2-3705.6","catch_line":"Exclusions to application of chapter; proprietary records and trade secrets","order_by":null,"url":"\/2.2-3705.6\/"},{"id":83571,"section_number":"32.1-163.6","catch_line":"Professional engineering of onsite treatment works","order_by":null,"url":"\/32.1-163.6\/"}],"refers_to":[{"id":86585,"section_number":"15.2-2102","catch_line":"How bids received and to whom franchise awarded","order_by":null,"url":"\/15.2-2102\/"}],"permalink":{"id":154337,"object_type":"law","relational_id":71724,"identifier":"15.2-2100","token":"15.2\/II\/21\/1\/15.2-2100","url":"\/15.2-2100\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2100\/","token":"15.2\/II\/21\/1\/15.2-2100","dublin_core":{"Title":"Restrictions on selling certain municipal public property and granting franchises","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2100","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> No rights of a <span class=\"dictionary\">city<\/span> or <span class=\"dictionary\">town<\/span> in and to its waterfront, wharf property, public landings, wharves, docks, streets, avenues, parks, bridges, or other public places, or its gas, water, or electric works shall be sold except by an <span class=\"dictionary\">ordinance<\/span> passed by a recorded affirmative vote of three-fourths of all the members elected to the <span class=\"dictionary\">council<\/span>, notwithstanding any contrary provision of <span class=\"dictionary\">law<\/span>, general or special, and under such other restrictions as may be imposed by <span class=\"dictionary\">law<\/span>. Notwithstanding any contrary provision of <span class=\"dictionary\">law<\/span>, general or special, in case of a veto by the mayor of such an <span class=\"dictionary\">ordinance<\/span>, it shall require a recorded affirmative vote of three-fourths of all the members elected to the <span class=\"dictionary\">council<\/span> to override the veto. <a id=\"paragraph-258409\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2100\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> No franchise, lease or right of any kind to use any such public property or any other public property or easement of any description, in a manner not permitted to the general public, shall be granted for a period longer than forty years, except for air rights together with easements for columns for support, which may be granted for a period not exceeding sixty years.\n\t\t\tBefore granting any such franchise or <span class=\"dictionary\">privilege<\/span> for a term in excess of five years, except for a trunk railway, the <span class=\"dictionary\">city<\/span> or <span class=\"dictionary\">town<\/span> shall, after due advertisement, publicly receive bids therefor, in such manner as is provided by &#xA7; <a class=\"law\" title=\"How bids received and to whom franchise awarded\" href=\"\/15.2-2102\/\">15.2-2102<\/a>, and shall then act as may be required by <span class=\"dictionary\">law<\/span>.\n\t\t\tSuch grant, and any <span class=\"dictionary\">contract<\/span> in pursuance thereof, may provide that, upon the termination of the grant, the plant as well as the property, if any, of the grantee in the streets, avenues and other public places shall thereupon, without compensation to the grantee, or upon the payment of a fair valuation become the property of the <span class=\"dictionary\">city<\/span> or <span class=\"dictionary\">town<\/span>; but the grantee shall be entitled to no payment by reason of the value of the franchise. Any such plant or property acquired by a <span class=\"dictionary\">city<\/span> or <span class=\"dictionary\">town<\/span> may be sold or leased or, if authorized by general <span class=\"dictionary\">law<\/span>, maintained, controlled, and operated by such <span class=\"dictionary\">city<\/span> or <span class=\"dictionary\">town<\/span>. Every such grant shall specify the mode of determining any valuation therein provided for and shall make adequate provisions by way of forfeiture of the grant, or otherwise, to secure efficiency of public service at reasonable rates and the maintenance of the property in good <span class=\"dictionary\">order<\/span> throughout the term of the grant. <a id=\"paragraph-258410\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2100\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> Any additional restriction now required in any existing municipal charter relating to the powers of cities and <span class=\"dictionary\">towns<\/span> in selling or granting franchises or leasing any of their property is hereby superseded; however, nothing herein contained shall be construed as affecting the term of any existing franchise, lease or right. The requirement of an affirmative three-fourths vote of <span class=\"dictionary\">council<\/span> shall apply only to the sale of the listed properties and not to their franchise, lease or use. <a id=\"paragraph-258411\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2100\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The provisions of this section shall only apply to cities or <span class=\"dictionary\">towns<\/span> and shall not apply to counties or other political subdivisions. <a id=\"paragraph-258412\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2100\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nRESTRICTIONS ON SELLING CERTAIN MUNICIPAL PUBLIC PROPERTY AND GRANTING\nFRANCHISES (\u00a7 15.2-2100)\n\nA. No rights of a city or town in and to its waterfront, wharf property, public\nlandings, wharves, docks, streets, avenues, parks, bridges, or other public\nplaces, or its gas, water, or electric works shall be sold except by an\nordinance passed by a recorded affirmative vote of three-fourths of all the\nmembers elected to the council, notwithstanding any contrary provision of law,\ngeneral or special, and under such other restrictions as may be imposed by law.\nNotwithstanding any contrary provision of law, general or special, in case of a\nveto by the mayor of such an ordinance, it shall require a recorded affirmative\nvote of three-fourths of all the members elected to the council to override the\nveto.\n\nB. No franchise, lease or right of any kind to use any such public property or\nany other public property or easement of any description, in a manner not\npermitted to the general public, shall be granted for a period longer than forty\nyears, except for air rights together with easements for columns for support,\nwhich may be granted for a period not exceeding sixty years.\n\t\t\tBefore granting any such franchise or privilege for a term in excess of five\nyears, except for a trunk railway, the city or town shall, after due\nadvertisement, publicly receive bids therefor, in such manner as is provided by\n&#xA7; 15.2-2102, and shall then act as may be required by law.\n\t\t\tSuch grant, and any contract in pursuance thereof, may provide that, upon the\ntermination of the grant, the plant as well as the property, if any, of the\ngrantee in the streets, avenues and other public places shall thereupon, without\ncompensation to the grantee, or upon the payment of a fair valuation become the\nproperty of the city or town; but the grantee shall be entitled to no payment by\nreason of the value of the franchise. Any such plant or property acquired by a\ncity or town may be sold or leased or, if authorized by general law, maintained,\ncontrolled, and operated by such city or town. Every such grant shall specify\nthe mode of determining any valuation therein provided for and shall make\nadequate provisions by way of forfeiture of the grant, or otherwise, to secure\nefficiency of public service at reasonable rates and the maintenance of the\nproperty in good order throughout the term of the grant.\n\nC. Any additional restriction now required in any existing municipal charter\nrelating to the powers of cities and towns in selling or granting franchises or\nleasing any of their property is hereby superseded; however, nothing herein\ncontained shall be construed as affecting the term of any existing franchise,\nlease or right. The requirement of an affirmative three-fourths vote of council\nshall apply only to the sale of the listed properties and not to their\nfranchise, lease or use.\n\nD. The provisions of this section shall only apply to cities or towns and shall\nnot apply to counties or other political subdivisions.\n\nHISTORY: Code 1950, \u00a7 15-727; 1962, c. 623, \u00a7 15.1-307; 1971, Ex. Sess., c.\n64; 1997, c. 587; 2001, c. 498.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}