10.1-110 - Easements to governmental agencies and public service corporations.

§ 10.1-110. Easements to governmental agencies and public servicecorporations.

A. The Director is authorized, subject to the consent and approval of theGovernor following review as to form and content by the Attorney General, togrant to any governmental agency, political subdivision, public utilitycompany, public service corporation, public service company or authority forconsideration by proper deed or other appropriate instrument signed andexecuted by the Director in the name of the Commonwealth, any easement over,upon and across any lands or other properties held by the Commonwealth orover which it has supervision and control, provided that the easement isconsistent with and not in derogation of the general purpose for which theland or other property is held. No easement shall be granted for an initialterm longer than ten years, but may contain provisions for renewals eithercontingent or automatic at the discretion of the Director, for a like periodon the same terms and conditions as originally granted. If written notice oftermination is received by the Director from the grantee or if use of theeasement is in fact abandoned by the grantee at any time prior to the end ofthe initial term or any renewal, the Director may immediately terminate theeasement. If the Department amends its master site plan to include buildings,structures or improvements on or in the vicinity of any easement grantedunder this section, the Director reserves the right to require, upon writtennotice given 180 days in advance, the relocation of the easement at theexpense of the grantee of the easement.

B. The relocation requirement of subsection A shall not apply to any easementgranted by the Director to the Virginia Department of Transportation.

(1978, c. 835, § 10-17.114; 1980, c. 451; 1984, c. 739; 1987, c. 453; 1988,c. 891; 1991, c. 360.)