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Developed and maintained by the Division of Legislative Automated Systems.
2008 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 2.2-1151 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-1151. Conveyance of easements and appurtenances thereto to cable television companies, utility companies, public service companies, political subdivisions by state departments, agencies or institutions; communication towers.
A. When it is deemed to be in the public interest and subject to guidelines adopted by the Department:
1. Any state department, agency or institution, through
its executive head or governing board may convey to public utility companies,
public service corporations or companies, political subdivisions or cable
television companies, right-of-way easements over property owned by the
Commonwealth and held in its possession and any wires, pipes, conduits,
fittings, supports and appurtenances thereto for the transmission of
electricity, telephone, cable television, water, gas, steam, or sewage placed
on, over or under the property for such consideration as the executive head
or governing board of the agency deems proper, when such conveyance is deemed
to be in the public interest.
B. 2. Any state department, agency or
institution having responsibility for a state-owned office building, through
its executive head or governing board, may lease space to a credit union in the
building for the purpose of providing credit union services that are readily
accessible to state employees. The lease shall be for a term of not more than five
years, with annual renewals or new leases permitted thereafter. The
department, agency or institution responsible for the building may forego all
rent or charge Such lease may be granted for no consideration or for less
than the fair market value.
C. When it is deemed to be in the public interest, and
subject to guidelines adopted by the Department, 3. Property owned
by the Commonwealth may be sold or leased or other interests or rights therein
granted or conveyed to political subdivisions or persons providing
communication or information services for the purpose of erecting, operating,
using or maintaining communication towers, antennas, or other radio
distribution devices. If any tower proposed to be erected on property owned by
the Commonwealth is to be used solely by private persons providing
communication or information services, and there is no immediate use planned or
anticipated by any department, agency or institution of the Commonwealth or
political subdivision, the guidelines shall provide a means to obtain comments
from the local governing body where the property is located. The conveyances
shall be for such consideration as the Director of the Department deems
appropriate, and may include shared use of the facilities by other political
subdivisions or persons providing the same or similar services, and by
departments, agencies, or institutions of the Commonwealth.
D. B. No transaction authorized by this section
shall be made without the prior written recommendation of by the
Department to the Governor, the written approval of by the
Governor of the transaction itself, and the approval of by the
Attorney General as to the form of the instruments prior to execution.