CHAPTER 373

An Act to amend the Code of Virginia by adding thereto a section num-
bered 15.1-876.1 authorizing certain cities to sell or lease airspace
over public streets, ways, lanes or alleys, under certain conditions.
Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia be amended by adding a section numbered
15.1-376.1, as follows:

§ 15.1-376.1. (1) The governing body of any city having a population of
more than 275,000 may, by ordinance, authorize the sale or lease of the air-
space over any public city street, way, lane or alley in such city; provided,
however, that no building, structure or appurtenance thereto, constructed
over any such street, way, lane or alley shall have less than a minimum
clearance of sixteen feet 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
by any city until the governing body has held a public hearing thereon
after public notice as provided in Section 15.1-431 and has obtained, in
writing, the consent of the State Highway Commissioner.

Should the construction of any building or structure in any such
airspace require the relocation of any overhead utility, the cost of such
relocation shall be borne by the grantee or lessee.