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 instit
§ 2.2-1151. Conveyance of easements and appurtenances thereto to cabletelevision companies, utility companies, public service companies, politicalsubdivisions by state departments, agencies or institutions; communicationtowers.
A. When it is deemed to be in the public interest and subject to guidelinesadopted by the Department:
1. Any state department, agency or institution, through its executive head orgoverning board may convey to public utility companies, public servicecorporations or companies, political subdivisions or cable televisioncompanies, right-of-way easements over property owned by the Commonwealth andheld in its possession and any wires, pipes, conduits, fittings, supports andappurtenances thereto for the transmission of electricity, telephone, cabletelevision, water, gas, steam, or sewage placed on, over or under theproperty.
2. Any state department, agency or institution having responsibility for astate-owned office building, through its executive head or governing board,may lease space to a credit union in the building for the purpose ofproviding credit union services that are readily accessible to stateemployees. The lease shall be for a term of not more than five years, withannual renewals or new leases permitted thereafter. Such lease may be grantedfor no consideration or for less than the fair market value.
3. Property owned by the Commonwealth may be sold or leased or otherinterests or rights therein granted or conveyed to political subdivisions orpersons providing communication or information services for the purpose oferecting, operating, using or maintaining communication towers, antennas, orother radio distribution devices. If any tower proposed to be erected onproperty owned by the Commonwealth is to be used solely by private personsproviding communication or information services, and there is no immediateuse planned or anticipated by any department, agency or institution of theCommonwealth or political subdivision, the guidelines shall provide a meansto obtain comments from the local governing body where the property islocated. The conveyances shall be for such consideration as the Director ofthe Department deems appropriate, and may include shared use of thefacilities by other political subdivisions or persons providing the same orsimilar services, and by departments, agencies, or institutions of theCommonwealth.
B. No transaction authorized by this section shall be made without the priorwritten recommendation by the Department to the Governor, the writtenapproval by the Governor of the transaction itself, and the approval by theAttorney General as to the form of the instruments prior to execution.
C. This section shall not (i) apply to any lease or conveyance of a licenseor other interest in a communication tower for use in the deployment ofwireless broadband service within an unserved area of the Commonwealth madepursuant to § 2.2-1150.2 or (ii) be construed to alter the control orownership of towers currently maintained by other agencies of theCommonwealth.
(1984, c. 641, § 2.1-504.4; 1986, c. 536; 1989, c. 710; 1996, c. 442; 2001,c. 844; 2008, cc. 356, 676, 690.)