The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 19 V.S.A. § 26a)
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§ 26a. Determination of rent to be charged for leasing or licensing State-owned property
under the Agency’s jurisdiction
(a) Except as otherwise provided by subsection (b) of this section, or as otherwise provided
by law, leases or licenses negotiated by the Agency under 5 V.S.A. §§ 204 and 3405 and section 26 and subsection 1703(d) of this title ordinarily shall require the payment of fair market value rent, as determined by
the prevailing area market prices for comparable space or property. However, the Agency
may lease or license State-owned property under its jurisdiction for less than fair
market value when the Agency determines that the proposed occupancy or use serves
a public purpose or that there exist other relevant factors, such as a prior course
of dealing between the parties, that justify setting rent at less than fair market
value.
(b) Unless otherwise required by federal law, the Agency shall assess, collect, and deposit
in the Transportation Fund a reasonable charge or payment with respect to leases or
licenses for access to or use of State-owned rights-of-way by providers of broadband
or wireless communications facilities or services. The Agency may waive such charge
or payment in whole or in part if the provider offers to provide comparable value
to the State so as to meet the public good as determined by the Agency and the Department
of Public Service. For the purposes of this section, the term “comparable value to
the State” shall be construed broadly to further the State’s interest in ubiquitous
broadband and wireless service availability at reasonable cost. Any waiver of charges
or payments for comparable value to the State granted by the Agency may not exceed
five years. Thereafter, the Agency may extend any waiver granted for an additional
period not to exceed five years if the Agency makes affirmative written findings demonstrating
that the State has received and will continue to receive value that is comparable
to the value to the provider of the waiver, or it may revise the terms of the waiver
in order to do so.
(c) Nothing in this section shall authorize the Agency to impose a charge or payment for
the use of a highway right-of-way that is not otherwise authorized or required by
State or federal law.
(d) Nothing in this section shall be construed to impair any contractual rights existing
on June 9, 2007. The State shall have no authority under this section to waive any
sums due to a railroad. The State shall also not offer any grants or waivers of charges
for any new broadband installations in segments of rail corridor where an operating
railroad has installed or allowed installation of fiber optic facilities prior to
June 9, 2007 unless the State offers equivalent terms and conditions to the owner
or owners of existing fiber optic facilities. (Added 1997, No. 150 (Adj. Sess.), § 20; amended 2007, No. 79, § 10, eff. June 9, 2007; 2013, No. 12, § 17; 2015, No. 41, § 14; 2021, No. 20, § 85.)