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2008 SESSION
082219808Be 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.