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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>83170</law_id><section_number>33.2-226</section_number><catch_line>Authority to lease or convey airspace</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>33.2-1527</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="33.2">Highways and Other Surface Transportation Systems</unit><unit label="subtitle" level="2" order_by="1" identifier="I">General Provisions and Transportation Entities</unit><unit label="chapter" level="3" order_by="1" identifier="2">Transportation Entities</unit><unit label="article" level="4" order_by="1" identifier="3">Commissioner of Highways</unit></structure><text>
						<section><p>The <span class="dictionary">Commissioner of Highways</span> may lease or sell and convey the airspace superjacent or subjacent to any <span class="dictionary">highway</span> in the Commonwealth that is within his <span class="dictionary">jurisdiction</span> 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 <span class="dictionary">highway</span> or otherwise interfere with the free flow of traffic thereon and it cannot be reasonably foreseen as needed in the future for <span class="dictionary">highway</span> and other transit uses and purposes. The <span class="dictionary">Commissioner of Highways</span> 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 <span class="dictionary">Commissioner of Highways</span> 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 <span class="dictionary">Commissioner of Highways</span> to protect the interests of the Commonwealth and the public. The <span class="dictionary">Commissioner of Highways</span> may utilize any competitive procurement process authorized by <span class="dictionary">law</span>, including (i) competitive <span class="dictionary">sealed</span> bidding, (ii) competitive negotiation, (iii) best value procurements as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/2.2-4301/">2.2-4301</a>, and (iv) public-private partnerships pursuant to the Public-Private Transportation Act of 1995 (&#xA7;&#xA0;<a class="law" title="Definitions" href="/33.2-1800/">33.2-1800</a> et seq.), as determined by the <span class="dictionary">Commissioner of Highways</span>, 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 <span class="dictionary">Commissioner of Highways</span> 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 &#xA7;&#xA0;<a class="law" title="Priority Transportation Fund" href="/33.2-1527/">33.2-1527</a>.</p></section></text><history>1979, c. 431, &#xA7; 33.1-183.1; 2013, cc. 585, 646; 2014, c. 805; 2017, c. 278; 2020, cc. 1230, 1275.</history><metadata></metadata></law>
