Chap. 234.-~-An ACT to define the term “public uses,’ to repeal all acts or
parts of acts in conflict herewith, and to provide for condemnation, pur-
chase, and gift of property in cities and towns. [S B 74]

Approved March 24, 1930

1. Be it enacted by the general assembly of Virginia, That the
term “public uses” mentioned in section fifty-eight of the Constitution
of Virginia, be and it is hereby, defined to embrace all uses which are
necessary for public purposes provided that any city or town may ac-
quire by purchase, gift or condemnation, property adjoining its parks,
or plats on which its monuments are located, or other city or town
property used for public purposes, or property in the vicinity of such
parks, plats and public property which is used in such manner as to
impair the beauty, usefulness or efficiency of such parks, plats or public
property, and any acquisition of any such property is hereby declared to
be for a public use as the term “public uses” is used in section fifty-
eight of the Constitution of Virginia and the city or town so acquiring
any such property may subsequently dispose of the same, in whole o1
in part, making such limitations as to the uses thereof as it may see
fit; and provided further, that any city or town of the Commonwealth
proposing to open or widen a street by taking a part of any lot or
other sub-division of property in such manner that the remnant thereot
would, in the opinion of the council of said city or town, be so small
or of such shape as to be unsuited for the erection of appropriate
buildings thereon, may, in its discretion, acquire by purchase, gift or
condemnation the whole of such lot or other sub-division of property
of the owner whose property is sought to be acquired in the proceed-
ings, and any acquisition thereof is hereby declared to be for a public
use, as the term “public uses” is used in section fifty-eight of the Con-
stitution of Virginia, and any such city or town may subsequently re-
plat and dispose of the remnant of said property so acquired not used
for street purposes in whole or in part, making such limitations as to
the uses thereof as it may see fit.

Z. In the event that any portion of this act be held to be uncon-
stitutional, it is hereby declared to be the intent of the general assembly
that the residue thereof shall remain in full force and effect.

3. All acts or parts of acts in conflict herewith are hereby repealed
to the extent of such conflict; provided, however, that nothing in this
act shall be construed to repeal or modify section thirty-eight hundred
and thirty-two of the Code of Virginia or any part thereof, nor shall
this act be construed to give to any city or town any power to condemn
the property of any railroad company or public service corporation
which they do not possess under existing law.