15.2-2030 - Localities may sell or lease airspace over public streets, public rights-of-way, etc., under certain conditions.
§ 15.2-2030. Localities may sell or lease airspace over public streets,public rights-of-way, etc., under certain conditions.
Notwithstanding the provisions of § 15.2-2000 A, subject to the provisions ofArticle VII, Section 9 of the Constitution of Virginia when applicable, anylocality may by ordinance authorize the sale or lease of the airspace over orunder any public street, lane, alley or other public right-of-way in suchlocality owned by it in fee simple; provided, that any building, structure orappurtenance thereto, constructed over any such street, lane, alley or otherpublic right-of-way shall have a minimum clearance of sixteen feet six inchesand providing further that nothing herein shall be construed to relieve anysuch grantee or lessee of such airspace of the liability for negligence ontheir part. No such ordinance shall be adopted until the governing body hasheld 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 aprescriptive easement for maintenance and public travel, the airspace shallbe conveyed or leased only with the consent, in writing, of the CommonwealthTransportation Commissioner.
Should the construction of any building or structure in any such airspacerequire the relocation of any utility, the cost of such relocation shall beborne by the grantee or lessee.
(1964, c. 373, § 15.1-376.1; 1966, c. 44; 1970, c. 570; 1979, c. 431; 1997,c. 587.)