VIRGINIA FREEDOM OF INFORMATION ACT EXECUTIVE MEETINGS DISCUSSION OF LOCATION OF STATE HIGHWAY BRIDGE

April 10, 1979

The Honorable William A. Truban
Member, Senate of Virginia

78-79 315A

You have asked whether a town council may meet in executive session for discussion of the proposed location of a State highway bridge, where the bridge would not be located upon town property and where the town would not be involved in the acquisition of easements for the bridge right-of-way.

The Virginia Freedom of Information Act (the "Act") sets forth in §§ 2.1-344(a)(1) through 2.1-344(a)(6), Code of Virginia (1950), as amended, the specific matters which public bodies may discuss in executive session. Section 2.1-344(a)(2) permits public bodies to meet in executive session to discuss the "condition, acquisition or use of real property for public purpose, or the disposition of publicly held property." Under the factual circumstances you suggest, the town council is not involved in obtaining easements for the proposed bridge from private parties and no town lands are involved. Since the council would be, nevertheless, discussing acquisition of land for a public purpose, I am of the view that § 2.1-342(a)(2) would apply.

Although the Act is to be construed liberally to promote its stated purposes, one of which is to open meetings of public bodies, the plain wording of the statute must be controlling. Commonwealth v. Gregory, 193 Va. 721, 71 S.E.2d 80 (1952). Accordingly, I am of the opinion that a town council may meet in executive session for discussion of the proposed location of a State highway bridge under the circumstances you describe.