{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/5.1-40.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/5.1-40.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/5.1-40.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/5.1-40.html"}],"law_id":366651,"edition_id":2,"section_id":366651,"structure_id":52239,"section_number":"5.1-40","catch_line":"Lease of land acquired; approval by Department","history":"Code 1950, \u00a7 5-38; 1966, c. 576; 1979, c. 272; 2012, cc. 28, 805, 836.","full_text":"Any political subdivision or privately owned, licensed public use airport acquiring land under the provisions of this article may individually, or jointly where so operated, lease the same, or any part thereof, to any individual or corporation desiring to use the same for the purpose of operating an airport or landing field, or for the purpose of landing or starting airplanes therefrom or for other aviation purposes, and on such terms and subject to such conditions and regulations as may be provided; and any political subdivision or privately owned, licensed public use airport may enter into a contract in the form of a lease providing for the use of such land, or any part thereof, by the government of the United States for the use by the government of such land for aviation, mail delivery or other aviation purposes upon nominal or other rental or without consideration, provided the political subdivision or privately owned, licensed public use airport certifies that the lease meets the terms and provisions of any and all state and federal grants.\n\n","order_by":null,"text":{"0":{"id":1365027,"text":"Any political subdivision or privately owned, licensed public use airport acquiring land under the provisions of this article may individually, or jointly where so operated, lease the same, or any part thereof, to any individual or corporation desiring to use the same for the purpose of operating an airport or landing field, or for the purpose of landing or starting airplanes therefrom or for other aviation purposes, and on such terms and subject to such conditions and regulations as may be provided; and any political subdivision or privately owned, licensed public use airport may enter into a contract in the form of a lease providing for the use of such land, or any part thereof, by the government of the United States for the use by the government of such land for aviation, mail delivery or other aviation purposes upon nominal or other rental or without consideration, provided the political subdivision or privately owned, licensed public use airport certifies that the lease meets the terms and provisions of any and all state and federal grants.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":52239,"edition_id":2,"name":"Acquisition, Establishment and Operation Generally; Outside Easements","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":52238,"metadata":{"child_laws":14,"child_structures":0},"date_created":"2026-08-02 02:56:34","date_modified":"2026-08-02 12:27:50","permalink":{"id":1460783,"object_type":"structure","relational_id":52239,"identifier":"1","token":"5.1\/3\/1","url":"\/5.1\/3\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52238,"edition_id":2,"name":"Municipal and County Airports and Other Air Navigation Facilities","identifier":"3","label":"chapter","depth":2,"order_by":4,"parent_id":52221,"metadata":{"child_laws":21,"child_structures":3},"date_created":"2026-08-02 02:56:34","date_modified":"2026-08-02 12:27:50","permalink":{"id":1460781,"object_type":"structure","relational_id":52238,"identifier":"3","token":"5.1\/3","url":"\/5.1\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":52221,"edition_id":2,"name":"Aviation","identifier":"5.1","label":"title","depth":1,"order_by":9,"parent_id":null,"metadata":{"child_laws":218,"child_structures":28},"date_created":"2026-08-02 02:56:16","date_modified":"2026-08-02 12:27:49","permalink":{"id":1460301,"object_type":"structure","relational_id":52221,"identifier":"5.1","token":"5.1","url":"\/5.1\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":366639,"structure_id":52239,"section_number":"5.1-31","catch_line":"Authority to acquire, construct, maintain and operate; permission of Department required","url":"\/5.1-31\/","token":"5.1\/3\/1\/5.1-31","metadata":false},{"id":366640,"structure_id":52239,"section_number":"5.1-32","catch_line":"Easements and privileges outside of airport or landing field boundaries","url":"\/5.1-32\/","token":"5.1\/3\/1\/5.1-32","metadata":false},{"id":366641,"structure_id":52239,"section_number":"5.1-33","catch_line":"Public purpose declared","url":"\/5.1-33\/","token":"5.1\/3\/1\/5.1-33","metadata":{"court_decisions":{"0":{"name":"Bowling v. City of Roanoke","case_number":"Civ. A. 81-0481(R)","citation":"568 F. Supp. 446","date":"1983-07-26","url":"https:\/\/www.courtlistener.com\/opinion\/2375480\/bowling-v-city-of-roanoke\/","abstract":" .\u202f.\u202f. 568 F.Supp. 446 (1983) .\u202f.\u202f. ","court_html":"District Court, W.D. Virginia"},"1":{"name":"Hillman Flying Service, Inc. v. City of Roanoke","case_number":"Civ. A. 85-1107-R","citation":"652 F. Supp. 1142","date":"1987-01-21","url":"https:\/\/www.courtlistener.com\/opinion\/2305427\/hillman-flying-service-inc-v-city-of-roanoke\/","abstract":" .\u202f.\u202f. 652 F.Supp. 1142 (1987) .\u202f.\u202f. ","court_html":"District Court, W.D. Virginia"}}}},{"id":366642,"structure_id":52239,"section_number":"5.1-34","catch_line":"Acquisition of property; exercise of right of eminent domain","url":"\/5.1-34\/","token":"5.1\/3\/1\/5.1-34","metadata":false},{"id":366643,"structure_id":52239,"section_number":"5.1-35","catch_line":"Powers may be exercised jointly by two or more political subdivisions","url":"\/5.1-35\/","token":"5.1\/3\/1\/5.1-35","metadata":{"court_decisions":{"0":{"name":"Evans v. Smyth-Wythe Airport Commission","case_number":"Record 970016","citation":"495 S.E.2d 825","date":"1998-01-09","url":"https:\/\/www.courtlistener.com\/opinion\/1059967\/evans-v-smyth-wythe-airport-commission\/","abstract":" .\u202f.\u202f. 495 S.E.2d 825 (1998) .\u202f.\u202f. ","court_html":"SCV<\/abbr>"}}}},{"id":366645,"structure_id":52239,"section_number":"5.1-36","catch_line":"Agreement for joint exercise of powers; governing board, etc., to act on behalf of political subdivisions; powers of board, etc","url":"\/5.1-36\/","token":"5.1\/3\/1\/5.1-36","metadata":false},{"id":366644,"structure_id":52239,"section_number":"5.1-36.1","catch_line":"Contributions by counties to construction of certain airports","url":"\/5.1-36.1\/","token":"5.1\/3\/1\/5.1-36.1","metadata":false},{"id":366646,"structure_id":52239,"section_number":"5.1-37","catch_line":"Public waters and submerged lands","url":"\/5.1-37\/","token":"5.1\/3\/1\/5.1-37","metadata":false},{"id":366647,"structure_id":52239,"section_number":"5.1-38","catch_line":"Right to zone property not limited","url":"\/5.1-38\/","token":"5.1\/3\/1\/5.1-38","metadata":false},{"id":366649,"structure_id":52239,"section_number":"5.1-39","catch_line":"Use, disposal and termination of rights acquired","url":"\/5.1-39\/","token":"5.1\/3\/1\/5.1-39","metadata":false},{"id":366648,"structure_id":52239,"section_number":"5.1-39.1","catch_line":"Use of airport property for industrial development purposes","url":"\/5.1-39.1\/","token":"5.1\/3\/1\/5.1-39.1","metadata":false},{"id":366651,"structure_id":52239,"section_number":"5.1-40","catch_line":"Lease of land acquired; approval by Department","url":"\/5.1-40\/","token":"5.1\/3\/1\/5.1-40","metadata":false},{"id":366653,"structure_id":52239,"section_number":"5.1-41","catch_line":"Operation by local governing body or special officer or board","url":"\/5.1-41\/","token":"5.1\/3\/1\/5.1-41","metadata":false},{"id":366652,"structure_id":52239,"section_number":"5.1-41.1","catch_line":"Local governing bodies authorized to require boarding fee","url":"\/5.1-41.1\/","token":"5.1\/3\/1\/5.1-41.1","metadata":false}],"previous_section":{"id":366648,"structure_id":52239,"section_number":"5.1-39.1","catch_line":"Use of airport property for industrial development purposes","url":"\/5.1-39.1\/","token":"5.1\/3\/1\/5.1-39.1","metadata":false},"next_section":{"id":366653,"structure_id":52239,"section_number":"5.1-41","catch_line":"Operation by local governing body or special officer or board","url":"\/5.1-41\/","token":"5.1\/3\/1\/5.1-41","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/5.1-40\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1966, chapter 576; in 1979, chapter 272; in 2012, chapters 28<\/a>, 805<\/a>, and 836<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1460829,"object_type":"law","relational_id":366651,"identifier":"5.1-40","token":"5.1\/3\/1\/5.1-40","url":"\/5.1-40\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/5.1-40\/","token":"5.1\/3\/1\/5.1-40","dublin_core":{"Title":"Lease of land acquired; approval by Department","Type":"Text","Format":"text\/html","Identifier":"\u00a7 5.1-40","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any political subdivision or privately owned, licensed public use airport<\/span> acquiring land under the provisions of this article may individually, or jointly where so operated, lease the same, or any part thereof, to any individual or corporation desiring to use the same for the purpose of operating an airport<\/span> or landing field<\/span>, or for the purpose of landing or starting airplanes therefrom or for other aviation purposes, and on such terms and subject to such conditions and regulations as may be provided; and any political subdivision or privately owned, licensed public use airport<\/span> may enter into a contract<\/span> in the form of a lease providing for the use of such land, or any part thereof, by the government of the United States for the use by the government of such land for aviation, mail delivery or other aviation purposes upon nominal or other rental or without consideration, provided the political subdivision or privately owned, licensed public use airport<\/span> certifies that the lease meets the terms and provisions of any and all state and federal grants.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLEASE OF LAND ACQUIRED; APPROVAL BY DEPARTMENT (\u00a7 5.1-40)\n\nAny political subdivision or privately owned, licensed public use airport\nacquiring land under the provisions of this article may individually, or jointly\nwhere so operated, lease the same, or any part thereof, to any individual or\ncorporation desiring to use the same for the purpose of operating an airport or\nlanding field, or for the purpose of landing or starting airplanes therefrom or\nfor other aviation purposes, and on such terms and subject to such conditions\nand regulations as may be provided; and any political subdivision or privately\nowned, licensed public use airport may enter into a contract in the form of a\nlease providing for the use of such land, or any part thereof, by the government\nof the United States for the use by the government of such land for aviation,\nmail delivery or other aviation purposes upon nominal or other rental or without\nconsideration, provided the political subdivision or privately owned, licensed\npublic use airport certifies that the lease meets the terms and provisions of\nany and all state and federal grants.\n\nHISTORY: Code 1950, \u00a7 5-38; 1966, c. 576; 1979, c. 272; 2012, cc. 28, 805, 836.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}