CHAPTER 65

AN ACT to amend and reenact §§ 21-8 and 21-6 of the Code of
1950 relating to definitions and the State Soil Conserva-
tion Committee, respectively, so as to clarify the term, “land
occupier’ and to provide for the appointment of 3 farmer
members to the State Soil Conservation Committee.

{ H 120 ]

Approved February 27, 1950

Be it enacted by the General Assembly of Virginia:

1. That §§ 21-3 and 21-6 of the Code of 1950 be amended and
reenacted as follows:

§ 21-8. Definitions —Whenever used or referred to in
this chapter, unless a different meaning clearly appears from
the context: |

(1) “Agency of this State” includes the government of
this State and any subdivision, agency, or instrumentality,
corporate or otherwise, of the government of this State.

(2) “Committee” or ‘State Soil Conservation Committee’”’
means the agency created in § 21-6.

(3) “District” or “soil conservation district” means a
governmental subdivision of this State, and a public body cor-
porate and politic organized in accordance with the provisions
of this chapter, for the purposes, with the powers, and subject
to the restrictions hereinafter set forth.

(4) “Due notice’ means notice published at least twice,
with an interval of at least seven days between the two publi-
cation dates, in a newspaper or other publication of general
circulation within the appropriate area, or if no such publica-
tion of general circulation be available, by posting at a reason-
able number of conspicuous places within the appropriate area,
such posting to include, where possible, posting at public places
where it may be customary to post notices concerning county
or municipal affairs generally. At any hearing held pursuant
to such notice, at the time and place designated in such notice,
adjourment may be made from time to time without the neces-
sity of renewing such notice for such adjourned dates. .

(5) “Government” or “governmental” includes the gov-
ernment of this State, the Government of the United States,
and any subdivision, agency, or instrumentality, corporate or
otherwise, or either of them.

(6) “Land occupier” or ‘“‘occupier of land” includes any
person, firm or corporation who shall hold title to, or shall be in
possession of, any lands lying within a district organized, or pro-
posed to be organized, under the provisions of this chapter, ** in
the capacity of owner, lessee, renter, tenant, or * cropper. Pro-
vided that the term “land occupier’ or “occupier of lands’’ shall
not be construed to include an ordinary employee or hired hand
who may be furnished a dwelling, garden, utilities, supplies, or
the ke, as part payment, or payment in full, for his labor.

(7) “Nominating petition” means a petition filed under
the provisions of § 21-33 to nominate candidates for the office of
supervisor of a soil conservation district.

(8) “Petition” means a petition filed under the provisions
of § 21-12 for the creation of a district.

(9) “Qualified elector’? means any person who is qualified
under the Constitution and laws of this State to vote for mem-
bers of the General Assembly and other officers elective by the

people.

(10) “State” or “Commonwealth” means the Common-
wealth of Virginia.

(11) “Supervisor” means one of the members of the gov-
erning body of a district, elected or appointed in accordance with
the provisions of this chapter.

(12) “United States” or “agencies of the United States’ in-
cludes the United States of America, the Soil Conservation
Service of the United States Department of Agriculture and
any other agency or instrumentality, corporate or otherwise,
of the United States of America.

§ 21-6. How constituted.—There is established, to serve
as an agency of the State and to perform the functions con-
ferred upon it in this chapter, the State Soil Conservation Com-
mittee. The Committee shall consist of not less than * seven and
not more than * eight members. The following shall serve, ex
officio, as members of the Committee: the director of the State
agricultural extension service, the director of the State agricul-
‘ural experiment station located at Blacksburg, and the State
Commissioner of Agriculture and Immigration. One member
of the committee shall be appointed by the Governor to serve at
the pleasure of the Governor, for a term coincident with that of
the Governor making the appointment; vacancies in the office
of such appointed member shall be filled by the Governor. Three
members of the committee shall be farmers, appointed by the
Governor from a list of six qualified nominees submitted by the
Executive Committee of the Association of Soil Conservation
District Supervisors and the State Soil Conservation Committee
in joint session, each for a term of three years; provided that
those first appointed shall serve for one, two and three years
respectively; an appointment to fill a vacancy shall be made in
the same manner as described above, except that such appoint-
ment shall be for the unexpired term only. The committee may
invite the Secretary of Agriculture of the United States of
America to appoint one person to serve with the above-
mentioned members as a member of the committee; the term of
any member so appointed shall be for one year, except that an
appointment to fill a vacancy shall be for the unexpired term.
The committee shall keep a record of its official actions, shall
adopt a seal, which seal shall be judicially noticed, and may per-
form such acts, hold such public hearings, and promulgate such
rules and regulations as may be necessary for the execution of
its functions under this chapter.