Whereas, the General Assembly of Virginia, by virtue of Chapter 472
of the Acts of Assembly of 1948, approved April 2, 1948, released the
United States of America from all claims for damages to public or leased
oyster beds as may occur from the construction, operation and maintenance
of this project, excepting that the United States shall compensate, at the
time of its occupancy, all oyster growers for crops in production who hold
leases from the Commonwealth of Virginia in the submerged lands described
in said Act or any other submerged lands on the south side of Hampton
Roads necessary for the construction, operation and maintenance of the
aforesaid project, including dredging for all material adjacent to the dis-
posal area; and,

Whereas, the Congress of the United States has appropriated the sum
of Seven Hundred Thousand Dollars ($700,000.00) for commencement of
this project in the current fiscal year and whereas, unless construction by
the government can proceed without delay, there is danger of possible
abandonment of the project; and,

Whereas, before such construction can be begun by the United States
of America, the Commonwealth of Virginia is required to secure from the
said J. H. Miles and Company, Incorporated, the cancellation and termina-
ton of certain leases which it now has on oyster beds in the affected area;
and,

Whereas, in order to secure the cancellation and termination of said
leases, it became necessary for the Attorney General of Virginia to negotiate
with a legal representative of the J. H. Miles and Company, Incorporated,
to determine the proper compensation; and,

Whereas, the Attorney General, recognizing the importance and ur-
gency of securing said leases to carry out the Commonwealth’s commitment
with the United States of America, secured the services of G. Alvin Massen-
burg, Hampton, Virginia, George C. Bentley, Hampton, Virginia and W. P.
Ballard, Norfolk, Virginia to make an inspection and investigation and
advise the value of the leasehold property in said oyster beds owned by the
J. H. Miles and Company, Incorporated; and,

Whereas, pursuant to this arrangement, the Attorney General was
advised that the affected area consisted of 87.80 acres and a fair and rea-
sonable compensation for cancellation and termination of said leasehold
property would be a minimum of $500.00 per acre; and,

Whereas, the Attorney General has further negotiated with a legal
representative of the J. H. Miles and Company, Incorporated, and an agree-
ment has been reached whereby said leases may be cancelled and termi-
nated and the Commonwealth of Virginia fully released by the said the
J. H. Miles and Company, Incorporated, from any future liability in con-
nection with the maintenance and operation of said project for the sum of
thirty-five thousand dollars.

Now, therefore, be it enacted by the General Assembly of Virginia:

1. That the sum of thirty-five thousand dollars be, and the same hereby
is, appropriated to the said J. H. Miles and Company, Incorporated, in full
satisfaction of all claims and demands which it may have against the Com-
monwealth of Virginia by virtue of the cancellation and termination of its
leasehold property in the affected area of the aforesaid project, and the
Comptroller is directed to draw his warrant on the State Treasurer for said
amount, payable to J. H. Miles and Company, Incorporated, and the said
Treasurer shall pay the same as provided by law.

The warrant shall be delivered to J. H. Miles and Company, Incorpo-
rated, contemporaneously upon its executing a proper release acknowledging
receipt of the above sum in full satisfaction of any and all claims which it
may have against the Commonwealth of Virginia by reason of the foregoing.
2. An emergency existing, this Act is in force from its passage.

CHAPTER 472

An Act to amend and reenact §§ 4 as amended, 5 and 6 of Chapter 870 of
the Acts of Assembly of 1980, approved March 24, 1980, relating to
relief of volunteer firemen in Fairfax County so as to broaden the
scope of the relief provided.

[H 778]

Approved April 3, 1954
Be it enacted by the General Assembly of Virginia:

1. That §§ 4 as amended, 5 and 6 of Chapter 370 of the Acts of Assembly
of 1930, approved March 24, 1930, be amended and reenacted as follows:

§ 4. Should any volunteer fireman be killed while actually engaged
in fighting fire, or while going to a fire in answer to an alarm or returning
therefrom, or be killed in connection with work on the fire fighting
apparatus at the fire station or testing the apparatus, or while partici-
pating in parades or drills, the board of supervisors of the county shall
pay to his personal representative for the benefit of his estate the sum of
not less than five thousand dollars, nor more than ten thousand dollars.

§ 5. Should any volunteer fireman be injured under circumstances
set forth in section four hereof, so as to be totally and permanently dis-
abled from making a livelihood he shall be paid in like manner the sum of
fifty dollars per week for * not more than two hundred weeks.

§ 6. Should a volunteer fireman be injured under circumstances set
forth in § 4 hereof, so as to be prevented from attending to his usual
occupation for a period greater than two weeks (but not permanently and
totally disabled), he shall be paid in like manner * a sum of not less than
twenty-five dollars nor more than fifty dollars per week until able to return
to his usual occupation, provided, however, that said payments shall not
continue in any event for a period greater than forty weeks. In the event
that any such volunteer fireman be injured as hereinbefore set forth so
as to be prevented from attending to his usual occupation for a period of
less than two weeks, he shall be paid in like manner the sum of * five
dollars * per day until he is able to return to his usual occupation.