Chap. 340.—An ACT authorizing the State commission on conservation and de-
velopment to acquire by gift, purchase or exercise of eminent domain, lands for
park purposes and to convey or transfer such lands to the United States of
America. [H B 367]

Approved March 26, 1932

Be it enacted by the general assembly of Virginia, as follows:

1. The short title of this act shall be the “George Washington
memorial parkway act.”

2. Unless otherwise clearly indicated herein or required by the
context, the word “State,” as used in this act, shall be construed to
mean the State of Virginia, the word “commission” shall be construed
to mean the “State commission on conservation and development.

3. The lands situated in the State of Virginia, described by the act
of congress, public number two hundred and eighty-four, approved
May twenty-ninth, nineteen hundred and thirty (forty-six stat. four
hundred and eighty-two) and included in the area therein mentioned
as lands which may be acquired, under terms and conditions therein
set out, for the establishment of a park to be known as the George
Washington memorial parkway, together with such lands lying outside
the said area contiguous or adjacent to or connected with said park
and parkway as may be found essential to proper development of the
park or parkway by the national capitol park and planning commis-
sion when approved by the governor of Virginia, and any other land
along the Potomac river in Virginia embraced within any area of land
which has been designated or may hereafter be designated in any act
of congress of the United States, as land which may be acquired by the
United States for park purposes, are hereby specifically designated and
set apart as lands suitable for use as a public park and for public park
purposes, and the State commission on conservation and development
is hereby expressly authorized and empowered to acquire title to said
lands or any part thereof for such use, but no additional lands other
than those specifically described in section four hereof shall be in-
cluded within said park or parks without the consent of the governing
body of the county or city wherein such lands are situated.

4. Without limiting or restricting the area or the grant of power
set forth in the preceding section, and for the purpose of furnishing a
more definite description of certain lands by reference to which the
powers granted to the commission in this act may be conveniently ex-
ercised, the following described lands, a substantial part of which are
included within the area mentioned in the preceding section, are hereby
specifically designated and set apart as lands suitable for use as a
public park, and the commission is hereby expressly authorized and
empowered to acquire title thereto for such use; lands situated in the
counties of Fairfax and Arlington and the city of Alexandria, in the
State of Virginia, and bounded as follows: Beginning at the inter-
section of the north boundary of the Mount Vernon estate as now
owned by the Mount Vernon ladies’ association with the State bound-
ary line between Maryland and Virginia on the Virginia bank of the
Potomac river and thence following said boundary and the boundary
between Virginia and the District of Columbia to a point one and one-
half miles above the aqueduct dam at Great Falls, thence southwesterly
up a ridge to a crest, thence following the crest parallel with and eigh-
teen hundred feet more or less from the Potomac river to the property
of the Great Falls Power Company ; thence following the western and
southern property lines of said company to the intersection with the
west property line of the Madeira school; thence across said school
property to a point on the east property line three thousand two hun-
dred and fifty feet more or less from the river measured along said
line; thence following the military crest of the bluff overlooking the
river and one thousand feet more or less from the river with diversions
up the valleys of Bullneck run, Scott run, Dead run and Turkey run to
the east property line of Newbold Noyes; thence southwest by said
line and said line extended across the Langley road to Pimmit run;
thence following said run to the Arlington-Fairfax county line ; thence
on a line to the intersection of Glebe road with the southwest line of
Sylvan Snelling; thence via said Glebe road eastward to the south-
west line of the Vanderwerken tract; thence easterly by said line and
the line of the Columbia Granite and Dredging Company with diver-
sions up the valleys of Donaldson run, Crystal spring, Windy run to
Spout run; thence by a line following the military crest three hundred
feet more or less from the river to lot number five of the Columbia
Granite and Dredging Company; thence by west and south lines of
said lot to west lines of Lucien Greathouse; thence by said line south
to Park road; thence by said road to the Lee highway and by the north
line of said highway and Hume street to a point two hundred feet
more or less from the Little river; thence south to the tracks of the
Pennsylvania rialroad and by said tracks to a point fifteen hundred
feet from the intersection of the Columbia pike and the Washington-
Alexandria road; thence on a line through such intersection to a point
five hundred feet from the west curb of. the Mount Vernon memorial
highway ; thence on a line parallel with and five hundred feet west of
the west curb, of the Mount Vernon memorial highway to the north
line of the Fort Hunt reservation; thence by the north and west lines
of the Fort Hunt reservation to a point five hundred feet north of the
torth curb of the Mount Vernon memorial highway; thence south-
vesterly parallel with and five hundred feet from said north curb of
he highway to the north line of the Mount Vernon estate ; thence by
he north line to the point of beginning ; and including that part of the
Viount Vernon memorial highway extending from the north boundary
sf the Mount Vernon estate to its terminus ; together with such lands
ying outside the above setout boundary lines contiguous or adjacent
‘0 or connected with said park and parkway as may be found essential
0 proper development of the park or parkway by the national capitol
park and planning commission when approved by the governor of
Virginia and the local governing body of the political subdivision
wherein such lands are situated; and provided that any lands lying
within the said boundary lines which may, by reason or local zoning
and planning, be deemed necessary by the local governing bodies for
other purposes or unsuitable for park purposes may be excluded from
the park area in the discretion of the governing body upon recommen-
dation of the northern Virginia park and planning commission and due
notice to the State commission on conservation and development and
the national capitol park and planning commission prior to acquisition
of title to any land herein described.

5. Subject to the provisions of this act, the commission is hereby
expressly vested with the power of eminent domain to condemn for use
as a public park or for public park purposes, and to acquire title to all
or any part of the lands described in sections three and four hereof, in-
cluding dwelling houses, out buildings, orchards, yards, gardens and
other implements on such lands, and all or any right, title, or interest
in or to all or any part of such lands, and the improvements thereon, by
the exercise of the right of eminent domain in condemnation proceed-
ings or by gifts, devise, purchase, or any other lawful means for the
transfer of title; provided, nevertheless, that in acquiring title to any
of the said property by condemnation proceedings or otherwise, the
commission shall have no authority to pledge the credit of the State or
to incur any indebtedness on behalf of itself or of the State. In the
acquisition of such lands any appropriation hertofore or hereafte1
made by the State of Virginia for the purposes of said George Wash-
ington memorial parkway upon condition that the same shall be met
by like appropriations by local governing bodies, shall nevertheless be
available in part for the purposes of acquiring title to said lands to the
extent that the same may be met by local appropriations and any gift:
of money or of land lying within the said park area made by privat
persons by or on behalf of or to the use of the local governing bodies
shall be considered as local appropriations, provided that such land:
shall be treated as local appropriations, to the extent only of their fai,
market value as appraised by the commission.

Title to all lands and interests in lands within the areas describec
‘in section three and section four of this act, which may be acquired b:
the State commission on conservation and development under authorit:
of the provisions of this act shall be held by the commission in trust
for the State of Virginia.

6. In order to take advantage of the provisions of the act of con-
gress, public number two hundred and eighty-four, approved May
twenty-ninth, nineteen hundred and thirty (forty-six stat. four hun-
dred and eighty-two), the commission is hereby designated by the
State of Virginia as a representative of the State, and said commission
is hereby authorized under terms and conditions approved by the
governor, and subject to the provisions of section seven of this act, to
enter into such definite commitments and agreements with the national
capitol park and planning commission, or with such other agency of
the United States which congress may designate, as the commission in
its discretion may deem advisable or necessary, and the said commis-
sion is hereby vested with power to contract to give, grant, convey, and
transfer to the United States of America all and any rights, title or
interest which it or the State of Virginia, or any political subdivision
thereof, now has or may hereafter acquire in or to land or lands, or in
or to any right, title, estate or interest in land or lands within the area
described in sections three and four of this act, for use as a public park
or for public park purposes ; and the governor of the State of Virginia
and the commission are hereby vested with power to execute any law-
ful commitment or agreement, conveyance or conveyances, deed or
deeds, which they may deem proper or necessary for the execution of
any contract or contracts executed by the commission under au-
thority of this section, in the form and manner hereinafter set forth;
any commitment or agreement, deed or deeds, or conveyance or con-
veyances executed by the governor and the commission under author-
ity of this section, shall be executed in the names of the State of Vir-
ginia, and the State commission on conservation and development, by
the governor of the State, and the chairman of the commission, attested
by the secretary of the State and the executive secretary of the com-
mission, and sealed with the great seal of the Commonwealth and no
other warrant or authority shall be required for the registration of any
such instrument.

No such commitment or agreement shall be made, however, until a
suitable agreement is entered into between the national capitol park
and planning commission and the local authorities as to sewage dis-
posal, storm water flow and water mains serving the adjacent areas
and to define the rights of the State of Virginia and the local govern-
ing bodies as to public utilities, road connections and the use of such
lands or easements therein for such public, municipal or county pur-
poses as may be necessary or proper and with respect to such other
matters as the said commission or the local authorities or the national
capitol park and planning commission may deem proper to protect the
interest of the local communities.

7. The United States of America is authorized to acquire by deed
or conveyance pursuant to this act land or lands within the area speci-
fied and described in sections three and four of this act, and exclusive
jurisdiction shall be and the same is hereby ceded to the United States
of America over and within all the territory in the State of Virginia
which is included within the area described in sections three and four
of this act, and deeded and conveyed to it; saving, however, to the
State of Virginia the right to serve civil or criminal process within the
limits of the land or lands thus deeded or conveyed, in suits or prose-
cutions for or on account of rights acquired, obligations incurred, or
crimes committed, on or within said lands, prior to the date of the
giving or service of notice as hereinafter provided, of the assumption
of police jurisdiction over such land or lands by the United States ;
and, saving further, to the said State, the right to tax sales of gasoline
and other motor vehicle fuels and oil for use in motor vehicles, and to
tax persons and corporations, their franchises and properties on land
or lands deeded or conveyed as aforesaid; and saving, also to persons
residing in or on any of the land or lands deeded or conveyed as afore-
said the right to vote at all elections within any county or city in which
said land or lands are located, upon like terms and conditions and to
the same extent as they would be entitled to vote in such county had
not such lands been deeded or conveyed, as aforesaid, to the United
States of America; provided, nevertheless, that such exclusive jurisdic-
tion shall not vest in the United States of America unless and until it,
through the proper officer or officers, notifies the governor and through
him the State of Virginia, that the United States of America assumes
police jurisdiction over the land or lands thus deeded and conveyed.
Power is hereby expressly conferred on the congress of the United
States to enact such laws as it may deem necessary for the acquisition
of the said lands within the area prescribed in sections three and four
of this act. and further, to enact such laws and to make and provide
for the making of such rules and regulations of both civil and criminal
nature, and to provide punishment therefor, as in its judgment may be
proper in the exercise of the jurisdiction hereby conveyed.

8. If any section, subsection, sentence, clause or phrase of this act
is for any reason held to be invalid. such decision shall not affect the
validity of the remaining portions of this act.

None of the provisions of this act shall become effective or opera-
tive within the territorial limits or jurisdiction of any county or city
until ratified and approved by the governing body of such county or
city by resolutions legally adopted and spread upon their respective
minute books.