Chap. 102.—An ACT providing for maintenance by the State highway
commission of a certain section of county system road. [H B 109]

Approved March 24, 19238.

Whereas on the —————— day of February, nineteen hundred
and twenty-two, the State highway commissioner of Virginia
located route number twenty-three, of the State highway system,
between Floyd courthouse and the town of Christiansburg in
Montgomery county by the western route, known as the River
route, from which decision of the commissioner, certain citizens
of Montgomery county appealed to the highway commission of
Virginia, upon which appeal, the location and decision of the
highway commission was affirmed; and,

Whereas this action of the State highway commission con-
stitutes a permanent location; and,

Whereas afterwards certain citizens of Montgomery county
applied to the circuit court of Montgomery county for an in-
junction enjoining and restraining the highway commission
from constructing said route number twenty-three, by way of
Rainer, in which suit, evidence was taken and proceedings had;
and,

Whereas on the —————— day of March, nineteen hundred
and twenty-three, the circuit court of Montgomery county, de-
cided that that part of route number twenty-three, which lies
between Floyd county line and the town of Christiansburg, had,
prior to the ————— day of February, nineteen hundred and
twenty-two, been already located by the State highway commis-
sioner by way of the eastern route, known as the Pilot route;
and,

Whereas, pursuant to this decision, the circuit court of
Montgomery county perpetually enjoined and restrained the
State highway commission from improving or expending the
State’s money on that part of route number twenty-three, which
lies between Montgomery county line and Christiansburg by
way of Riner, from which decision of the circuit court of
Montgomery county, the said State highway commissioner of
Virginia is now appealing; and,

Whereas, the result of the above described situation is that
pending such litigation, the highway commission of Virginia
eannot legally improve and maintain either route through the
county of Floyd; and,

Whereas, the counties of Floyd and Roanoke have expended
large sums of money in improving and grading the route be-
tween Floyd courthouse and Starkey Station in the county of
Roanoke by way of Bent mountain; now, therefore, to the end
that the citizens of Floyd county may have some road main-
tained by the State, by which they may have ingress and egress,

1. Be it enacted by the general assembly of Virginia, That
the State highway commission of Virginia is empowered and in-
structed to take. over, for maintenance, those sections of the
county highway known as the Bent mountain route, which con-
nects route number three of the State highway system at a point
near Starkey, in Roanoke county, with route number twenty-
three of the State highway system, at a point near Floyd court-
house in Floyd county, Virginia, the expenses thereof to be paid
for out of the same fund and in the Same manner as provided by
law for the maintenance of roads included in the State highway
system.

- But as soon after the termination of such litigation as the
highway commission may deem best the maintenance of such
road shall cease.