Chap. 169.—An ACT to create a State commission on conservation and de-
velopment; to prescribe its powers and duties; to vest it with powers and
duties now vested by law in the water power and development commission,
the State geological commission, the State geological survey, the office of
the State geologist, and the office of the State forester; and to vest it with
power to condemn and acquire land and other property for pee park
purposes. [H B 487]

Approved Mareh 17, 1926.

1. Be it enacted by the general assembly of Virginia, That there
be, and there is hereby created, as an agency of the Commonwealth
of Virginia, a State commission on conservation and development,
hereinafter sometimes called the commission, which shall consist of
seven (7) members, appointed by the governor, subject to confirma-
tion by the senate at its next ensuing session, if it be not in session
when any of such appointments are made. Two (2) members of the
said commission shall be appointed for a term of two (2) years each;
two for a term of three (3) years each; and three for a term of four (4)
years each. Subsequent appointments shall be for a term of four (4)
years each, except appointments to fill vacancies, which shall be for the
unexpired terms. Members of the said commission shall receive no
salaries, but shall be paid their necessary traveling and other expenses
incurred in attendance upon meetings, or while otherwise engaged
in the discharge of their duties, and the sum of ten dollars ($10.00)
a day for each day or portion thereof in which they are engaged in the
performance of their duties. The governor may remove any member
of the commission at any time. One of the members of the commis-
sion to be designated by the governor, shall be the chairman thereof.
The commission, under rules adopted by itself, may elect one of its
members as vice-chairman and another or some other person as sec-
retary. The commission shall meet at least once in every three
months and, on the call of the chairman, when, in his opinion, addi-
tional meetings may be expendient or necessary. Four (4) members
shall constitute a quorum of the commission for all purposes. The
main office of the commission shall be located in the State office build-
ing, at Richmond, in such rooms as may be assigned to it by the
governor. The commissioners appointed and their successors in
office shall constitute a body corporate under the style of the “State
commission on conservation and development,’’ and may, in such
corporate capacity, sue and be sued, contract and be contracted with,
purchase, lease, or otherwise acquire, enter, and convey property,
real and personal. All property and income of the commission of
whatever nature shall be held in the name of the State commission
on conservation and development. All contracts and agreements of
the commission shall be made in its name; and, if in writing, shall
be executed in its name by its chairman.

2. Each member of the commission shall, before entering upon
the discharge of his duties, take an oath that he will faithfully and
honestly execute the duties of his office during his continuance therein.

3. Subject to the provisions of section four hereof, the State
commission on conservation and development is hereby vested with
all the rights, powers, and duties now vested by law in the water power
and development commission, the State geological commission, the
State geological survey, the office of the State geologist, and the office
of the State forester, hereinafter sometimes called “‘said agencies’’;
and with all the rights, powers and duties now vested in any of the
members, officers, agents, or employees of the said agencies. The
title to and control of all property of every kind and description held
or controlled by the said agencies is hereby transferred to and vested
in the State commission: on conservation and development; and the
disposition and control of all unexpended appropriations standing to
the credit of all and any of the said agencies or which may be placed
to the credit of the said agencies hereafter, is hereby transferred to
and vested in the State commission on conservation and development;
provided, that no part of any appropriation made to any one of the
said agencies or of any funds placed to its credit shall be used by the
agency to which the appropriation was made or to whose credit it is
placed, except with the consent of the governor in writing, previously
obtained. All such appropriations and funds disbursed by the State
commission on conservation and development shall be by warrants
of the auditor of public accounts, issued on certificates signed by the
chairman of the commission and countersigned by its secretary.

Notwithstanding the provisions of the foregoing section, the
rights, powers, and duties, and the appropriations, funds, and prop-
erty herein transferred from the said agencies and their respective
members, officers, agents, and employees to the State commission on
conservation and development, shall in no wise be affected or held to
have been thus transferred and vested until and unless the State com-
mission on conservation and development shall so direct by appro-
priate resolutions, approved by the governor; and the said agencies,
and their members, officers, agents, and employees shall continue to
function under the laws in force at the time when this act shall take
effect, until and unless otherwise provided by appropriate resolutions
adopted by the State commission on conservation and development,
duly approved by the governor.

5. The offices, and the terms of office, and employment of any
and all of the members, officers, agents, and employees of the said
agencies, whose rights, powers, and duties are hereby transferred to
the commission, shall be terminated and shall expire on such date
after this act shall go into force as may be fixed by resolution of the
State commission on conservation and development, approved by the
governor.

6. The chairman of the State commission on conservation and
development may engage or authorize the engagement of such officers,
agents, and employees as may be needed in the exercise of the rights,
powers, and duties herein conferred or imposed, and in order to effect
a proper organization, and to carry on its business; the duties, titles,
salaries, wages and terms of office of such officers, agents, clerks and
other employees shall be fixed by the chairman of the commission,
under rules and regulations adopted by the commission, with the
approval of the governor; proper bonds shall be required of all officers
or employees who shall handle any of the funds which may come into
the custody or control of the commission. Any and all of such officers,
agents, clerks and other employees may be removed by the chairman
of the State commission on conservation and development, with the
approval of the governor. Among the officers so appointed, the chair-
man of the commission shall name three persons, with the approval
of the governor, who shall compose what shall be known as the
“water power and development board,’’ to which board shall be re-
ferred such regulatory measures affecting the regulations, conserva-
tion and development of water powers as may now be imposed upon
the said water power and development commission, or as may here-
after be imposed upon the commission or the said board.

7. In the appointment of officers, agents, and employees, through
whom the commission shall perform the duties and exercise the powers
herein transferred from the said agencies and vested in the commission,
all positions requiring technical knowledge and experience shall be
filled by the appointment of persons possessing such technical know]l-
edge and experience, and, except for cause, set forth in a resolution
of the commission and approved by the governor, preference shall
be given to those officers, agents, and employees of said agencies now
performing duties or exercising powers requiring technical knowledge
and experience. So far as practicable, the present titles of such
officers, agents, and employees shall be retained, unless the commis-
sion by.resolution shall otherwise direct.

8. The commission, in the appointment of its officers, agents, and
employees, may, with the approval of the governor, designate such
other State officers, or officers in State-supported institutions as may
indicate their willingness to accept such appointment; in which case
such officers, agents and employees shall serve without additional
compensation, other than actual expense incurred in the performance
of their duties.

9. The State commission on conservation and development 1s
authorized and empowered to adopt all rules and regulations not in-
consistent. with the terms of this act, for its own organization, the
proper disposition and administration of any property to which it
may acquire title or over which it may have control, and for the con-
duct of its business and the exercise of its powers.

10. Wherever the words ‘‘State geological survey,’’ “State geo-
logist,’”’ State forester,’’ or words denoting any of the officers or em-
ployees of any of said agencies, appear in any statute in force at the
time when this act takes effect, they shall be construed to mean the
officers, agents or employees designated by the commission or its
chairman to perform the duties of such officers, respectively.

11. The commission shall have control of the expenditure of any
State advertising funds heretofore or hereafter created, and shall have
control of and expend such funds for advertising the resources and
advantages of the Commonwealth in such manner as it may deem
best. The said commission shall co-operate so far as it may be prac-
ticable and expedient with other organizations in the State engaged
in similar or related work, and shall have full power and authority
to acquire by gift or transfer property or funds to be so expended.
The governor may, at any time, direct that any appropriation or
other fund available to any department, officer, board, commission,
or other agency of the State for publicity or advertising purposes be
transferred to the State commission on conservation and develop-
ment, or direct that it be expended under the supervision of such
commission, in either of which events the commission shall direct the
expenditure of such appropriation or other funds in such manner as
it may deem best for the general good of the Commonwealth and the
special good of the agency concerned.

12. The commission is hereby authorized and directed to organ-
ize and develop within its own membership an efficiency department,
which shall be especially charged with the duty, under the direction
and at the request of the governor, and under and in pursuance of
rules and regulations adopted by the commission, approved by the
governor, of investigating any question as to the efficiency with which
any executive officer, agency, or department of the government is
performing or has performed the duties imposed upon him or it, and
of rendering a report of the results of its investigation to the governor;
and with the further duty, under the direction and at the request of
the governor, of investigating and reporting upon any question re-
ferred to it by the governor having to do with the efficiency of the
various industrial and manufacturing enterprises throughout the

tate.

13. (a) The State commission on conservation and development
shall examine and consider such plans and proposals as may be sub-
mitted to it by any responsible person or organization in the State,
looking to the establishment of a public park within the Blue Ridge
mountain area of this State.

(b) The commission shall submit to the governor any such plan
or proposal as, in its opinion, shall appear to be practical, with such
changes or modifications as it may deem proper.

(c) If and when such plan or proposal, or any modification
thereof, shall receive the approval of the governor, it shall be the duty
of the commission, at the request and direction of the governor, to
take all such lawful measures as it may deem proper and expedient
to foment, to forward, and to carry through such plan or proposal,
or such modification thereof as shall have received the approval of
the governor.

(d) The commission is hereby vested with the power of eminent
domain to condemn, for park purposes, land and other property, in-
cluding dwelling-houses, out-buildings, orchards, yards, and gardens
within the areas described in subsection (a) of this section.

(e) The power of eminent domain hereby conferred shall be exer-
cised under and in pursuance of rules and regulations prescribed by the
commission and approved by the governor; and under and in pursu-
ance of such approved rules and regulations, the commission may in-
stitute, and prosecute, or cause to be instituted and prosecuted, con-
demnation proceedings to acquire for park purposes any of the land
and other property with relation to which the commission is by this
section vested with the power of eminent domain. The proceedings
shall conform, mutatis mutandis, to the provisions of chapter one
hundred and seventy-six of the Code of Virginia, asamended. But no
such condemnation proceedings shall be maintained in any court
unless it appear to the satisfaction of the court that adequate and
suitable provision has been made, under some plan approved by the
governor and the commission, for the payment of all costs and awards
in such proceedings without pledging the credit of the commission
or the State, or incurring any indebtedness on the part of the com-
mission or the State.

(f) The commission is hereby vested with power, under the di-
rection and with the approval of the governor, to acquire title or con-
trol of land and other property, including dwelling-houses, out-
buildings, orchards, yards and gardens, within the area described in
subsection (a) of this section, by gift, purchase, exchange, lease or any
other lawful means for the transfer of title; provided, nevertheless,
that in thus acquiring title to or control of any of the said land or other
property, the commission shall have no authority in consideration
therefor to pledge the credit of the State or to incur any indebtedness
on behalf of itself or of the State.

(g) The commission, under terms and conditions approved by the
governor, is vested with power to give, grant, convey and transfer
to the United States of America, for national park purposes, all right,
title, and interest which it or the Commonwealth of Virginia or any
political subdivision thereof now have or may hereafter acquire in
land and other property within or adjoining the area described in
subsection (a) of this section.

(h) The commission, under rules and regulations prescribed by
it and approved by the governor, may employ or cause to be em-
ployed the services of such officers, agents, clerks, and employees as
may be necessary or useful from time to time, in carrying out the
provisions of this section, and may prescribe the duties, compensation
and terms of service of such officers, agents, clerks and other em-
ployees; provided, that adequate and appropriate provision is made
for the compensation of such officers, agents, clerks and employees,
under some plan, approved by the commission and the governor,
whereunder no financial obligation is assumed or incurred by the
State, or the commission, for the payment of compensation on account
of such services. Authority is expressly denied the commission to
assume or agree to assume any financial obligation, or to impose any
financial obligation upon the State, or to pledge the credit of the
State, for or on account of any such services as are mentioned in this
subsection.

(i) The commission is authorized and empowered to adopt all
rules and regulations, not inconsistent herewith, for the proper dispo-
sition and administration of any property to which it may acquire
title or over which it may gain control under the provisions of this
section.

(j) The commission under this section is authorized and em-
powered to institute, prosecute or defend, in its own name, any suits,
actions or other proceedings before any court, commission, or other
body, for the protection of its rights, or interests, under this section,
and to appear, intervene or interplead in any proceedings in which
its rights or interests may be involved.

(k) If for any reason the governor shall advise the commission
that, in his opinion, any plan which it is fomenting or forwarding for
the establishment of a national park is not feasible, practicable, or
expedient in the best interests of the State, it shall be the duty of the
commission to suspend its activities in connection with such plan and,
at the request of the governor, to examine and consider any other
plan which may be submitted to it by any responsible person or or-
ganization within the State, and to submit to the governor any rec-
ommendations it may deem proper as to the modification or abandon-
ment of any plan or plans under which it has been proceeding, or the
substitution therefor of some other plan looking to the establishment
of a public park State or national, within the area described in sub-
section (a) of this section.

14. The State commission on conservation and development shall
have full power and authority to acquire by gift or purchase or by the
exercise of the power of eminent domain, areas, properties, lands or
any estate or interest therein of scenic beauty, recreational utility,
historical interest, remarkable phenomena or any other unusaul fea-
tures which in the judgment of the commission should be acquired,
preserved and maintained for the use, observation, education, health
and pleasure of the people of Virginia; provided, that such power and
authority of acquisition shall be within the limits of any appropriation
which may be made by the general assembly for the purchase of such
properties, or of voluntary gifts or contributions placed at the dis-
posal of the commission for such purposes; and the commission shall
have no power to purchase or contract for the purchase of any prop-
erty beyond the amount contained in such appropriation or provided
by such voluntary gifts or contributions. The commission shal
have the power to institute and prosecute any proceedings in the exer-
cise of the power of eminent domain for the acquisition of such prop-
erties for public use in accordance with the laws relating to the exer-
cise of such right and power, being chapter one hundred and seventy-
six of the Code of Virginia, as amended. Before any such property
shall be purchased or acquired by condemnation, the commission
may call upon the attorney general to examine and render a report
upon the title thereto, and it shall be the duty of the attorney general
to make such examination and report at the request of the commis-
sion.

15. Upon the request of the chairman of the commission, ap-
proved by the governor, it shall be the duty of the attorney genera!
to act in his official capacity for and on behalf of the commission in
any matter or proceeding wherein his services may be requested, and
to furnish to the commission his written advice and opinion touching
any matter in which the commission may be properly interested.

16. Both the property and the income of the commission shall be
exempted from taxation, State and local.

17. All laws or parts of laws in conflict with this act are hereby
repealed.
18. If any section or provision of this act shall be held to be un-
constitutional, the other sections or provisions of this act shall not be
affected thereby.

19. The sum of ten thousand dollars ($10,000.00) annually, or
so much thereof as may be necessary, is hereby appropriated for the
purpose of carrying into effect the provisions of this act.