Chap. 403.—An ACT to create a State highway commission; to provide for a
chairman thereof; and to prescribe the powers, duties and the compensation
of the commission and chairman; and to provide for a State highway com-
missioner ; to create road construction districts; to provide for the apportion-
ment among them of road construction funds, and to provide for road con-
struction, improvement, maintenance and preservation, also to repeal sections
1962, 1963, 1964, 1965, 1966, 1967, 1968, 1969, 1974 and 1975 of the Code of
Virginia, and to repeal an act entitled an act to amend and re-enact an act
entitled an act to establish a State highway commission; to define its powers
and duties; the term of office, salary and qualifications of the commissioner ;
to authorize the commission to call into consultation the professors of
engineering in certain State institutions, and appropriating money to carry
the provisions of this act into effect, approved March 6, 1906; to provide for
the appointment of a commission, and fixing their term of office; to give
to said commission the power of eminent domain, the power to make and
enforce rules and regulations governing the traffic and use of the State
highway system, not in conflict with the laws of this State, and to prescribe
penalties for the violation of such rules and regulations, approved September
5, 1919, and to repeal all other sections of the Code and acts or parts of
acts inconsistent with this act. [H B 281]

Approved March 24, 1922.

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

Section 1. State highway commission created, number, terms and
quahfications of members; to provide for the chairman thereof ; com-
pensation of members; meetings; quorum.—A commission is hereby
created to be known as the State highway commission, which shall con-
sist of five members, who shall be appointed by the governor, subject
to confirmation by the Senate, and who shall .be removable from office
during their respective terms by the governor at his pleasure. The
first appointments under this act shall be made to take effect on July
first, nineteen hundred and twenty-two, and shall be for terms, as
follows: One for a term of one year, two for a term of two years
and two for a term of four years. Subsequent appointments shall be
for a term of four years. Vacancies shall be filled by the governor
for the unexpired term and shall be effective until fifteen days after the
next meeting of the ensuing general assembly. Members of the com-
mission shall be chosen so as to give representation to each of the
five grand geographical divisions of the State; provided, that the chair-
man of said commission may, at the time of his appointment, be a
non-resident of Virginia, and in case of the appointment of such uon-
resident he shall be accredited to that grand division uf the State in
which the city of Richmond is located. One of the members of the
commission to be designated by the governor shall be the chairman
thereof and shall be a practical business man, and for the purpose
of this act shall be hereinafter referred to as chairman, and whose
official title shall be “Chairman of the Highway Commission.” He
shall devote his entire time and attention to his duties, and shall
receive such compensation as shall be fixed by the governor, sub-
ject to the approval of the commission, payable semi-monthly, and
his actual traveling expenses while engaged in the discharge of his
duties. The members of the commission, other than the chairman
thereof, shall each receive ten dollars per diem and their actual ex-
penses while engaged in the work of the commission; but no such
member of the commission shall receive in excess of one thousand
dollars and actual expenses in any one year. The State highway com-
mission shall meet at least once in every three months, and at such
other times, on the call of the chairman, as may be deemed necessary
to transact such business as may properly be brought before it. Three
members shall constitute a quorum of the commission for all purposes.
The main office of the commission shall be located in the city of Rich-
mond, and the first meeting be held as soon as practicable after the
appointment of the members thereof.

Sec, 2. State highway commissioner and other employees.—The
chairman shall appoint a citizen of the United States, who shall be a
civil engineer and well versed in road building, as State highway com-
missioner, whose. term of office shall be for a period of four years,
beginning on July first, nineteen hundred and twenty-two. After April
first and before July first of every fourth year thereafter, the chairman
shall appoint a State highway commissioner for a like term, which
shall begin on the first day of July following his appointment. In the
event of a vacancy occurring during the commissioner’s term of office,
it shall be filled by the chairman for the unexpired term. The State
highway commissioner shall be removable by the chairman, at his
pleasure, by and with the approval and consent of the governor. He
shall receive such a salary as may be fixed by the commission, with
the approval of the governor, provided said salary shall be not less
than five thousand dollars per annum and his necessary traveling ex-
penses while engaged in the performance of his duties, said salary to
be payable in semi-monthly installments. The commission shall pre-
scribe and fix the duties of the commissioner and shall provide him
with offices and sufficient equipment to discharge his duties. The State
highway commissioner shall employ such engineers and employees
necessary to carry on the construction and maintenance of the roads
embraced in the State highway system and State aid work of the de-
partment, subject to the approval of the commission; and shall pre-
scribe and fix their duties and who shall be employed during the
pleasure of the State highway commissioner. The chairman shall em-
ploy such other clerks, assistants and employees as may be needed,
and shall prescribe and fix their duties. Such engineers, clerks, as-
sistants and employees shall receive such salaries and expenses as
may be fixed by the commission, subject to the approval of the gover-
aor. In the discretion of the chairman, such offices may be established
in the various construction districts of the State as may be necessary
or needful to carry out the provisions of this act.

Sec. 3. Oath and bonds of commission and commissioner.—The
State highway commissioner and the members of the State highway
commission shall each, before entering upon the discharge of his duties,
take an oath that he will faithfully and honestly execute the duties of
the office during his continuance therein, and each shall give a bond in
such penalty as may be fixed by the governor conditioned upon the
faithful discharge of the duties of his office, and the full and proper
accounting for all public funds and property coming into his posses-
sion or under his control. The premium on said bonds shall be paid
out of the State highway fund.

Sec. 4. Salaries and expenses; how paid.—All salaries and ex-
penses shall be paid from the State highway fund. Warrants for such
salaries and expenses shall be issued by the auditor of public accounts
on certificates of the chairman to the parties entitled thereto, and shall
be paid by the State treasurer out of the funds appropriated for that
purpose. ;

Sec. 5. General powers and duties of the State highway commis-
sion.—The State highway commission shall be vested with the follow-
ing powers and duties:

To locate and establish the routes to be followed by the roads com-
prising the State highway system between the points designated in the
act establishing said system; but where the route has already been
located and established in pursuance of law, no change shall be made
in such route by the commission; provided that appeals under section
four, chapter thirty-two of acts of nineteen hundred and nineteen,
pending or allowable on July first, nineteen hundred and twenty-two,
shall be heard by the commission created by this act. The commis-
sion, however, shall not locate and establish any such route unless and
until thirty days’ written notice of its proposed action shall have been
given to clerk of the circuit court of the county in which the route to
be located and established, or any part thereof, is situated, and also
unless and until such notice shall have been published at least once in
a newspaper published in said county or counties, or in some newspaper
having general circulation therein, not less than thirty days before
the proposed action of the commission, and until a local hearing shall
have been had by the commission, if the same be requested. Im-
mediately upon the receipt of such notice, the clerk shall notify the
board of supervisors and the local road authorities of such county.

Within thirty days after the filing of said report with the clerk of
the court, the board of supervisors, or local road authorities of said
county, or any fifty or more freeholders thereof, may apply to the
commission for a rehearing of said decision, locating and establishing
any such route and the commission shall thereupon, within a reasonable
time, hear said application and its decision on said rehearing shall
be final. |

To let all contracts for the construction, improvement and main-
tenance of the roads comprising the State highway system.

To make rules and regulations, not in conflict with the laws of this
State, for the protection of and covering traffic on and use of the State
highway system and the rules and regulations so prescribed shall have
the force and effect of law, and any person, firm or corporation violat-
ing any such rule or regulation shall be guilty of a misdemeanor, and
upon conviction be fined not less than five dollars nor more than one
hundred dollars for each offense. Such person shall also be civilly
liable to the Commonwealth for the actual damage sustained by the
Commonwealth by reason of his wrongful act, which damages may be
recovered at the suit of the State highway commission, and when col-
lected, paid into the State treasury to the credit of the State highway
fund. Said rules and regulations shall be printed by the commission
and two copies thereof mailed forthwith to the clerk of every court
of record, one of which copies shall be posted immediately upon re-
ceipt by the clerk at the front door of his courthouse, and the other
copy retained in his office for the information of the public, but no
such rules and regulations shall become effective until sixty days shall
have elapsed following their adoption bv the commission. In order
properly to enforce such rules ‘and regulations, the commission is
given the power to designate and appoint any or all of the employees
of the commission special policemen with the powers of a sheriff for
the purpose aforesaid. Until such rules and regulations provided by
this section are made and promulgated, the rules and regulations
adoped by the State highway commission May twenty-fifth, nineteen
hundred and twenty, under the provisions of section four, chapter
thirty-one, acts of nineteen hundred and nineteen, shall be in force.

To give suitable names to State highways and change the names
of any highways forming a part of the State highway system, except
such roads as have been, or may hereafter be, named by the general
assembly.

To comply fully with the provisions of the present or future
Federal aid acts. The said commission is hereby authorized to enter
into all contracts and agreements with the United States- government
relating to the survey, construction, improvement and maintenance of
roads under the provisions of any present or future congressional en-
actment, to submit such scheme or program for construction or main-
tenance as may be required by the secretary of agriculture, or other-
wise provided by Federal acts, and to do all other things necessary to
carry out fully the co-operation contemplated and provided for by
present or future acts of Congress for the construction, improvement
and maintenance of rural post roads.

It shall be the duty of the commission to keep accurate minutes of
all meetings of the commission, in which shall be set forth all acts
and proceedings of the commission in carrying out the provisions of
this act.

After July first, nineteen hundred and twenty-two, the commis-
sion shall have the power during each calendar year, including the
year nineteen hundred and twenty-two, to add to the State highway
system, road mileage not exceeding two and one-half per centum of the
total mileage of said system, as now established, but said power to sa
add to the system shall not be cumulative.

At the first meeting of the commission, after it shall have con-
cluded to make any such addition to the State highway system, an orde1
shall be entered by the commission on its minute books, in which shal
be set forth the terminal points of such addition, the mileage embracec
therein, and a general description of the route thereof, and the fact tha
the same has been added to, and shall thereafter be a part of the State
highway system.

To gather and tabulate information and statistics on road building,
maintenance and improvement, and to disseminate the same throughout
the State through farmers’ institutes, the Virginia Good Roads As-
sociation, and the bulletins of the department of agriculture, or other-
wise.

Sec. 6. General powers of the chairman; maintenance of State
roads; patrol force—Except such powers as are conferred by law
upon the State highway commission, the chairman shall have plenary
powers for constructing, improving and maintaining the roads em-
braced in the State highway system. And as executive head of the
highway department, the chairman is specifically charged with the duty
of executing all orders and decisions of the commission, and power its
given him, subject to the provisions of this act, to require that all ap-
pointees and employees perform their duties under this act. All roads
embraced within the said system are hereby taken over for main-
tenance by the State, and the chairman shall, as soon as practicable,
cause to be organized a proper and sufficient patrol force to keep said
roads in good condition. The chairman may recommend to the local
road authorities of any county, and to the governor, needed improve-
ment in the public roads and he shall supply technical information on
road building to any citizen or officer of the State on application.

The chairman shall, with the aid and advice of the State accountant,
cause to be installed a complete and modern system of bookkeeping
for the highway department, and books to be kept by said depart-
ment shall show in detail all receipts and disbursements of the depart-
ment, the source of said receipts, and the purpose, amount and reci-
pient of all disbursements.

Sec. 7. Construction districts; allocation of funds.—The com-
mission shall divide the State into not less than eight construction
districts.

Work in each of the construction districts shall be started as
simultaneously as practicable, and continued in each district. The State
highway commission shall annually and as nearly as possible make an
equitable apportionment among the various construction districts, of
the available construction funds. The funds for each year shall, as
far as practicable, be allotted by April the first of each year, and
public announcement made of such allotment, but the commission shall
not approve such allotment until after a public hearing, at which
political subdivisions of the State and interested citizens may be heard.

Sec. 8. Advertising for bids.—All contracts, except in cases of
emergency, over five thousand dollars that the commission may let for
construction, or any other kind of work necessary to carry out the
provisions of this act, shall be let after public advertising. The com-
mission shall advertise for bids for said work at least twenty days
prior to the letting of any contract therefor. The advertisement shall
state the place where bidders may examine the plans and specifications,
and the time and place where bids for said work will be opened by the
commission. Each bidder shall accompany his bid with a certified
check, payable to the State treasurer, for a reasonable sum to be fixed
by the commission, as a guarantee that if the contract is awarded to
him, he will enter into a contract with the commission for the con-
struction of the road, or for the doing of the work mentioned in the
bid. The contract shall be let to the lowest responsible bidder for the
particular work covered in the bid, and the successful bidder shall
enter into a bond, payable to the Commonwealth of Virginia, in the sum
of at least thirty per centum of the estimated cost of the work,
which bond must be approved by the chairman, and conditioned upon
the faithful performance of the work in strict conformity with the
plans and specifications for the same, which bond shall be kept on file
in the office of the State highway commission. The commission 1s
authorized to reject any and all bids. In the event that all bids are
rejected the commission shall advertise for new bids as in the first
instance. All bids filed with the commission and all contracts awarded
by it shall be kept on file in its office and be public records, subject to
inspection at all times, provided, however, that the commission may, in
its discretion, build or maintain, by force account, any of the roads
in the State highway system.

Sec. 9. Contracts—Every contractor whose bid is accepted shall,
before commencing work, enter into a contract with the chairman,
which contract shall fully set out the time when work shall commence,
and when the contract shall be completed, as well as the time and
manner for the payment for the work, and the chairman shall require
that a fixed percentage of the contract price, or a certain fixed sum,
shall not be paid to the contractor until after the expiration of some
certain date, to be fixed by the chairman, from the completion of the
work and the acceptance thereof.

Sec. 10. Eminent domain.—The chairman is hereby vested with
the power of eminent domain in so far as may be necessary for the con-
struction, reconstruction, alteration, maintenance and repair of the
roads embraced in the State highway system, and for these purposes
and all purposes incidental thereto, may condemn rights-of-way of
such width and on such routes and grades as by said chairman may
be deemed requisite and suitable; and lands, quarries, and locations,
with rights of ingress and egress, containing gravel, clay, sand, stone,
rock, timber, and any other road materials deemed useful or neces-
Sary in carrying out the purposes aforesaid.

Proceedings for condemnation hereunder shall be instituted and
conducted in the name of “the chairman of the highway commission
of Virginia,” and the procedure shall, except in so far as altered hereby,
be mutatis mutandis the same as is prescribed by law for railroad cor-
porations, and the rights of all persons affected shall be subject to the
general laws of this State in so far as the same may be applicable under
the general purposes of this act, and except as ‘hereby altered or
modified.

The proceedings for condemnation shall be by petition to the
circuit court of the county in which the land, property and nghts or
the major portion thereof sought to be acquired are located, or to the
judge of such court in vacation, which petition shall set forth with
reasonable particularity a description and designation of the interests,
rights and property intended to be taken, the name or names of the
landowners whose property is to be taken or affected, and such other
facts as may be deemed necessary by the chairman to give full informa-
tion to the court and all persons in interest, and shall be certified by
oath of the chairman or by his duly authorized agent or attorney.

Upon the return of the report of the commissioners or viewers ap-
pointed in such proceedings the sum ascertained thereby as compensa-
tion or damages to the property owners may be paid to the person or
persons entitled thereto, or for them into court or to the clerk thereof,
upon which title to the property and rights condemned shall vest in the
Commonwealth of Virginia in fee simple, or to such extent as may be
prayed for in the petition, and the chairman shall have the right to
enter upon such construction upon or use of the property and rights
condemned as may be authorized by said report, provided the right of
appeal from or review of said report on exception thereto is hereby
given to the property owner, or to the chairman, to the circuit court,
on the question only of damages or compensation.

The chairman, however, without the institution of condemnation
proceedings, may take from the most convenient lands so much wood,
stone, gravel, earth or other material as may be necessary to be used
in the construction, reconstruction and maintenance of any of the roads
and bridges embraced in the State highway system. If the owner or
tenant of any such land shall deem himself injured thereby and the
chairman or his agent can agree with such owner or tenant as to the
amount of damage caused by said taking, they shall pay said damage
to the owner or tenant, as the case may be, but if an agreement cannot
be reached, then a justice of the peace in the county wherein the land
is situated shall, upon application to him by said owner or tenant,
issue a warrant to three freeholders of said county requiring them to
view the said land and ascertain and report what is a just compensa-
tion to such owner or tenant for the damage done to him by such
taking. The said freeholders, after being sworn, shall ascertain such
compensation and report the same to the chairman or his duly au-
thorized agent. The chairman may thereupon allow the full amount
so agreed upon or reported by said freeholders, or so much thereof as
to him may seem reasonable, subject to the right of such owner or
tenant to appeal to the circuit court of the county wherein the land
lies, as in other cases.

In addition to the exercise of the power of eminent domain as
provided by the preceding part of section ten of this act, the chair-
man is hereby authorized to enter upon and take possession of such
rights-of-way for the purposes set out in section ten of this act, as
the chairman may deem necessary, and proceed with the construction
of such highway. Within sixty days after the completion of the con-
struction of such highway, if the chairman and the owner or owners
of such lands are unable to agree as to compensation and damages, if
any, caused thereby, the said chairman shall institute condemnation
proceedings as provided by section ten of this act; and the amount of
such compensation and damages, if any, awarded to the owner in such
proceedings shall be paid out of the State highway fund, the said
chairman to pay to the landowner or into court for his benefit stich
sum as he shall estimate to be the fair value of the land taken and
damage done, before entering upon such land for construction pur-
poses, provided such payment shall in no wise limit the amount to be
allowed under proper proceedings. It is the intention of this section
to provide that such rights of way may, in the discretion of the chair-
man, be condemned after the construction of the highway as well as
prior thereto, and to direct the fund out of which the judgment of the
court in condemnation proceedings shall be paid, and to provide that in
all other respects the provisions of section ten of this act shall apply,
whether the rights of way are condemned before or after the con-
struction of the highway, but the authorities constructing such high-
way, under the authority of this paragraph, shall use diligence to pro-
tect growing crops, pastures, and to prevent damage to any property
not taken. So far as possible all rights of way shall be acquired or
contracted for, before any route is definitely located. But this section
is subject to the following qualifications: That the chairman shall not,
under the provisions hereof, in the construction of any road not now
under construction, invade the dwelling house of any person, or any
space within sixty feet thereof, without the consent of the owner,
except when it is decided by the court confirming the report of the
commissioners (appointed to ascertain the value of the land or other
property, or the interest or estate therein, to be taken) that it would
otherwise be impracticable without unreasonable expense, to construct
any such road.

Sec. 11. Repair of road detour.—It shall be mandatory upon the
chairman to select, lay out, maintain and keep in as good repair as
possible suitable detours, by the most practical route, while said high-
ways or roads are being improved or constructed, and it shall be
mandatory upon the said chairman to place or cause to be placed ex-
plicit directions to the traveling public during repair of said highway
or road under process of construction. Provided, however, that as
far as practicable roads already laid out shall be connected with and
used for such detours.

The chairman is hereby authorized: to enter into agreements with
the local road authorities of the county or counties in which construc-
tion or maintenance work is to be done, to pay all or any part of the
cost of laying out and maintaining said detours. All expense to the
State of laying out and maintaining said detours shall be paid out of the
State highway fund.

Sec. 12. Closing State highways during construction; injury to
barriers, warning signs, et cetera.—If it shall appear necessary to the
chairman to close any road or highway coming under his jurisdiction
so as to permit of proper completion of-work which is being performed,
such chairman may close, or cause to be closed, the whole or any
portion of such road or highway deemed necessary to be excluded
from public travel. While any such road or highway, or portion
thereof, is so closed, or while any such road or highway, or portion
thereof is in process of construction or maintenance such chairman or
contractor, under authority from such chairman, may erect, or cause
to be erected, suitable barriers or obstructions thereon, may post, or
cause to be posted, conspicuous notices to the effect that the road or
highway, or portion thereof, is closed, and may place warning signs,
lights and lanterns on such road or highway, or portions thereof. When
such road or highway is closed to the public or in process of construc-
tion or maintenance, as provided herein, any person who wilfully
breaks down, drives into new construction work, removes, injures or
destroys any such barrier or barriers, or obstructions, on a road being
constructed, or tears down, removes or destroys any such notices, or
extinguishes, removes, injures or destroys any such warning lights or
lanterns so erected, posted or placed, shall be guilty of a misdemeanor.

Sec. 13. Annual reports—-The State highway commission shall
submit to the governor in writing on or before the first day of Decem-
ber of each year a report of its acts and doings for the preceding year,
and at such other times as the governor may request. Such report
may also contain the recommendation of the commission as to changes
in the State highway system, and such other recommendations as to
reads and road legislation as it may deem proper to make. There
shall be appended to every such report the annual report of the chair-
man, which he 1s hereby directed to make, and which shall contain a
detailed statement of the work done by him during the preceding year
and an itemized account of all expenditures for the same period. The
reports required by this section shall be biennially transmitted by the
governor to each house of the general assembly as soon as possible
after the opening of the regular session thereof.

Sec. 14. Effect if part of act declared unconstitutional—If anv
section or provision of this act, or any part of any section, shall be
declared unconstitutional by the supreme court of appeals of Vir-
ginia, or the supreme court of the United States, the part so declared
unconstitutional shall cease to be operative, but the remainder of the
act and every section or part thereof not so declared unconstitutional
shall continue to be the law of this State.

Sec. 15. Laws repealed—Sections nineteen hundred and sixty-
two, nineteen hundred and sixty-three, nineteen hundred and sixty-
four, nineteen hundred and sixty-five, nineteen hundred and sixty-
six, nineteen hundred and_ sixty-seven, nineteen hundred and
sixty-eight, nineteen hundred and_ sixty-nine, nineteen hundred
and seventy-four and nineteen hundred and seventy-five of the
Code of Virginia, and an act entitled an act to amend and re-
enact an act entitled an act to establish a State highway commis-
sion, to define its powers and duties; the term of office, salary and
qualifications of the commissioner; to authorize the commissioner to
call into consultation the professors of engineering in certain State
institutions, and appropriating money to carry the provisions of this
act into effect, approved March sixth, nineteen hundred and six; to
provide for the appointment of a commission, and fixing their term
of office; to give to said commission the power of eminent domain;
the power to make and enforce rules and regulations governing the
traffic on and use of the State highway system, not in conflict with
the laws of this State, and to prescribe the penalties for the violation
of such rules and regulations, approved September fifth, nineteen hun-
dred and nineteen, and all other sections of the Code and acts or parts
of acts inconsistent with this act are hereby repealed. Wherever the
words “State Highway Commission” or “State Highway Commis-
sioner,” or other words denoting either, appear in any statute hereto-
fore enacted and not repealed, the same shall be construed tq mean
the State highway commission or the chairman, as the case may be,
provided for by this act, and:the terms of office of the present State
highway commissioner and the members of the State highway com-
mission who may be in office on June thirtieth, nineteen hundred and
twenty-two, under appointments made in pursuance of previous enact-
ments, shall expire on that date.