CODE OF VIRGINIA

LOCALITIES MAY SELL OR LEASE AIRSPACE OVER PUBLIC STREETS, PUBLIC RIGHTS-OF-WAY,
ETC., UNDER CERTAIN CONDITIONS (§ 15.2-2030)

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.

HISTORY: 1964, c. 373, § 15.1-376.1; 1966, c. 44; 1970, c. 570; 1979, c. 431;
1997, c. 587.