H. B. 4554
(By Delegates Doyle and Manuel)
[Introduced February 25, 1998; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact section three, article twenty-three,
chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
establishing the boundary line between Jefferson County,
West Virginia and Loudoun County, Virginia.
Be it enacted by the Legislature of West Virginia:
That section three, article twenty-three, chapter twenty- nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 23. WEST VIRGINIA BOUNDARY COMMISSION.
§29-23-3. Establishing and marking boundary line between Jefferson County, West Virginia and Loudoun County, Virginia; effect of certain rights and prosecutions; transmission to members of Congress; extending the commission studying the boundary; effective date.
(a) The boundary line between Jefferson County, West Virginia
and Loudoun County, Virginia is hereby, on the part of this
state, established and declared to be the watershed line of the
top of the ridge of the Blue Ridge Mountains, as established by
the survey approved by the commission on the twenty-ninth day of
April, one thousand nine hundred ninety-seven, and recorded in
the land books in the courthouses of Jefferson County, West
Virginia and Loudoun County, Virginia.
(b) No vested right of any individual, partnership or
corporation within the territory affected by this section may in
any way be impaired, restricted or affected by this section.
This section is not retrospective in its operation and it does
not in any way affect the rights of any individual, partnership
or corporation in any suit now pending in any of the courts of
this state or of the United States wherein the cause of action
arose over, or is in any way based upon, the territory affected.
This section in no way precludes the state of West Virginia from
prosecuting any individual, partnership or corporation for
violation of any of the criminal laws of this state within the
territory until this section goes into effect.
(c) The secretary of state shall furnish a certified copy of
this section to the governor of the commonwealth of Virginia and shall also furnish certified copies to the United States senators
from the state of West Virginia and to the representative from
the second congressional district of West Virginia in the House
of Representatives, who are requested to have the section
presented to the Congress of the United States.
(d) The commission created by section two of this article is
continued and is directed, in cooperation with the like
commission created by the commonwealth of Virginia, or other
agency designated by the commonwealth of Virginia for the
purpose, to complete its work, including: (i) The recordation of
the survey in the Jefferson County courthouse not later than the
first day of April, one thousand nine hundred ninety-eight, which
survey shall take into account KD Map 25A Parcel 0002 through
which the water shed line runs and which includes such residence
on the Virginia side of the boundary line; and (ii) the erection
of permanent markers designating the boundary line set forth in
this section. The markers shall be of the nature and kind the
commission considers appropriate.
(e) This section shall take effect upon the adoption and
approval by the General Assembly of the commonwealth of Virginia
of appropriate legislation ratifying the boundary line set forth
herein.
NOTE: The purpose of this bill is to establish the boundary
line between Jefferson County, West Virginia and Loudoun County,
Virginia.
This section has been rewritten; therefore, strike-throughs
and underscoring have been omitted.
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