Chap. 415.—An ACT to relieve counties of Virginia of, and to assist certain cities
and towns in, the maintenance and improvement, including construction and re-
construction, of certain roads, causeways, streets, bridges, landings and wharves;
to establish a secondary system of State highways; for such purpose to pre-

scribe the rights, powers, duties, and authority of the local road authorities, the
State department of highways, the State highway commission, and the State
highway commissioner ; to prohibit certain local levies; to appropriate and al-
locate funds for the purpose of this act; to provide for elections in counties for
withdrawal from the provisions of this act; and to repeal acts and parts of acts
in conflict herewith. [H B 242]

Approved March 31, 1932

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

1. That there be, and is, hereby, created and established the
secondary system of State highways, to consist of all of the public
roads, causeways, bridges, landings and wharves in the several counties
of the State as of March first, nineteen hundred and thirty-two, not
included in the State highway system.

2. The control, supervision, management and jurisdiction over the
secondary system of State highways shall from and after July first,
nineteen hundred and thirty-two, be vested in the department of high-
ways of the Commonwealth of Virginia, and the maintenance and im-
provement, including construction and reconstruction, of such secondary
system of State highways shall be by the State under the supervision
of the State highway commissioner. The boards of supervisors of the
several counties and the county road board or county road commission
of any county operating under a county road board or county road
commission shall, from and after such date, be relieved of control.
1932 | ACTS OF ASSEMBLY 873

supervision, management and jurisdiction over such public roads, cause-
ways, bridges, landings and wharves, constituting the secondary system
of State highways.

At least twice in each calendar year after January first, nineteen
hundred and thirty-three, the representative of the department of
highways in charge of such secondary system of State highways in
each county or some representative of said department designated by
the State highway commissioner shall meet with the board of super-
visors of each such county at regular or special meetings of said board,
notice of which meetings shall be posted by the county clerk at the
front door of the courthouse of such county ten days before such
meeting, and there discuss and advise with said board of supervisors
and the citizens present plans and proposals for the maintenance and
improvement, including construction and reconstruction, of such
secondary system of State highways in such county. After which dis-
cussion each such board of supervisors shall make written recom-
mendations to the department of highways as to the expenditure of
funds for such work in such county; and the department of highways
shall observe and follow such recommendations in so far as they are
compatible with the department’s general plans and available funds
will permit, having due regard to the maintenance and improvement of
all existing roads in said county in said secondary system.

Except as otherwise provided in this act, the State highway com-
mission shall be vested with the same powers, control and jurisdiction
over the secondary system of State highways in the several counties
of the State and such additions as may be made from time to time, as
is now vested in the boards of supervisors of the several counties or
in the county road board or county road commission in any county now
operating under a county road board or county road commission and
in addition thereto shall be vested with the same power, authority
and control as to the secondary system of State highways as vested
in the said commission in connection with the State highway system.

3.. The boards of supervisors of the several counties shall not make
any levy in nineteen hundred and thirty-two or in any year thereafter
of county or district road taxes or contract any further indebtedness
for the construction, maintenance or improvement of roads, and any
levy heretofore or hereafter made for the year nineteen hundred and
thirty-two of county or district road taxes in any county not with-
drawing from the operation of this act under section eleven thereof i:
hereby invalidated; provided, however, that the boards of supervisors
of the several counties shall continue to make county or district levies
as the case may be, upon all real and personal property subject tc
local taxation, in such county or magisterial district, and not embracec
within the corporate limits of any incorporated town in such counties
which maintains its own streets, and is exempt from county and distric
road taxes, unless the citizens of such town voted on the question o!
issuing county or district road bonds, sufficient only to provide for th
payment of any bonded or other indebtedness and for the interes
contracted thereon that may be outstanding as an obligation of any
county or district contracted for road purposes or for the sinking fund
for the retirement of any bonded indebtedness established for county
or district road purposes; and provided, further, that the boards of
supervisors of counties adjacent to cities of the first class may, for
the purpose of supplementing funds available for expenditure by the
State for the maintenance and improvement of roads in such counties
where such supplementary funds are necessary on account of the
existence of suburban conditions adjacent to such cities, levy county
or district road taxes, as the case may be, the proceeds thereof to be
expended at the option of the board of supervisors either by or under
supervision of the State highway commissioner, in the maintenance
and improvement, including construction and reconstruction, of roads
in such suburban district. All balances in the hands of the local
authorities for county or district road purposes and any taxes hereto-
fore levied for years prior to nineteen hundred and thirty-two for
county or district road purposes and not collected, shall, when col-
lected, and to the extent necessary, be disbursed in payment of obliga-
tions heretofore contracted for county or district road purposes and
remaining unpaid, and the balance, if any, for general county or dis-
trict purposes.

4. From and after July first, nineteen hundred and thirty-two, the
amount on hand from, and the proceeds of, the motor vehicle fuel tax
available for apportionment among the several counties of the State
under the law with reference to the levy, collection and expenditure
of motor vehicle fuel taxes, shall be set aside as a fund for the
secondary system of State highways and disbursed by the State under
the supervision of the State highway commissioner for the maintenance
and improvement, including construction and reconstruction of the
secondary system of State highways. An amount equal to the aggre-
gate of such tax apportioned among the several counties of the State
for the calendar year nineteen hundred and thirty-one including the
additional amount for equalization as provided by law for that year,
shall be allocated for expenditure and expended in the maintenance
and improvement, including construction and reconstruction, of the
secondary system of State highways in the several counties of the
State, upon the same basis of apportionment upon which the motor
vehicle fuel tax was apportioned among the several counties of the
State for the calendar year of nineteen hundred and thirty-one, in-
cluding such equalization. The State highway commission is authorized
and directed to allocate during each year from State highway main-
fenance or construction funds, such sums, not less than two million
dollars ($2,000,000.00) as it may deem reasonable and necessary and
for the best interests of the several counties of the State and of the
State at large, to be expended under the provisions of this act, to-
zether with any additional amounts available therefor, in the main-
‘enance and improvement, including construction and reconstruction,
of the secondary system of State highways as may be allocated by the
State highway commission. ,

5. The State highway commissioner shall, as soon as practicable,
make provision, for maps of the several counties of the State showing
thereon the roads and projects of the secondary system of State high-
ways in such counties upon which funds will be expended hereunder,
and shall file with the clerk of the circuit court of each county two
(2) copies of such map of such county, one of which copies the clerk
shall post at the courthouse door of his county and the other of which
he shall retain in the clerk’s office as a permanent county record. Such
maps shall be amended or revised from time to time, as may be neces-
sary. The State highway commission is authorized and directed to
classify the various and different roads in the secondary system of
State highways in the several counties of the State, and may establish
standards for the maintenance and improvement, including construc-
tion and reconstruction, of such classes of roads and alter such stand-
ards from time to time. Before the classification of roads under the
provisions of this act shall be finally approved by the State highway
commission, it shall hold public hearings thereon, the times and places
of such public hearings to be announced in the public press and by
mail to the boards of supervisors of the several counties, at which
public hearings such time as the State highway commission may deem
proper shall be given representatives from the several counties to
present views as to the classification of roads in their respective
counties.

6. The State highway commissioner shall, as promptly as practi-
cable, make or cause to be made, an inventory and appraisal of all road
machinery, equipment, teams, material and supplies, on hand or belong-
ing to the local road authorities of the several counties of the State or
any district thereof, which may be deemed by him suitable for work
on the secondary system of State highways, and shall file such in-
ventory and appraisal with the State highway commission. The local
road authorities may, if they so elect, turn over to the State such road
machinery, equipment, teams, material and supplies, at the appraised
value thereof, which shall be paid within two years, out of the funds
to be available, under this act for expenditure upon roads in the
secondary system of State highways, or if they so prefer, the local
road authorities may retain or sell any of such property otherwise, or
if they so elect, may turn over to the State highway commissioner all
or any of such property for use upon the secondary system of State
highways without reimbursement therefor. Any sums received by the
local road authorities under the provisions of this section shall, so far
as may be necessary, be applied on account of obligations heretofore
contracted for county or district road purposes and the balance, if any,
for general county purposes.

7. The State highway commissioner 1s hereby vested with the
power of eminent domain insofar as may be necessary for the con-
struction, reconstruction, alteration, maintenance and repair of the
secondary system of State highways hereby created, and for these
purposes and all purposes incidental thereto, he may condemn property
in fee simple and rights of way of such width and on such routes and
grades and locations as by said commissioner 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 necessary in carrying out the
purposes aforesaid, it being the intent hereof that the State highway
commissioner shall, as to the secondary system of State highways, have
the same powers of eminent domain as are vested in him by law with
reference to roads in the State highway system. Proceedings for con-
demnation hereunder shall be the same as provided by law for the
State highway system, or, if the State highway commissioner shall so
request, the board of supervisors shall proceed to acquire such property
rights of way and materials for the secondary system of State high-
ways, in the manner provided by chapter one hundred and fifty nine,
Acts of Assembly of nineteen hundred and twenty-eight, approved
March tenth, nineteen hundred and twenty-eight, and any amendments
thereto, the expenses thereof to be paid from funds available under
this act. In addition thereto, the State highway commissioner shall
succeed to all rights and powers of the boards of supervisors of the
several counties, or the county road boards or county road commis-
sions of counties operating under a county road board or county road
commission, in connection with the acquiring of property, rights of way
and materials for the maintenance and improvement, including con-
struction and reconstruction, of the secondary system of State high-
ways.

8. The local road authorities shall, however, continue to have the
powers now vested in them for the establishment of new roads in their
respective counties, to become parts of the secondary system of State
highways, within such counties, and the jurisdiction and procedure for
abandonment of roads in the secondary system of State highways shall
remain in such local road authorities as now provided by law; provided,
however, that the State highway commissioner shall be made a party
to any proceeding before the local road authorities for the establish-
ment or abandonment of any such road; and provided, further, that
no expenditures by the State shall be required upon any new road
established by the local road authorities except such as may be ap-
proved by the State highway commissioner. The State highway com-
missioner, by and with the approval of the State highway commission
and the board of supervisors shall have power and authority to make
such changes in routes in, and additions to, the secondary system of
State highways from time to time, as the public safety or convenience
may require.

9. The State highway commissioner, subject to the approval of
the State highway commission shall select such streets and roads, or
portions thereof, in incorporated towns and cities having more than
thirty-five hundred (3,500) inhabitants according to the census of nine-
‘een hundred and twenty as may, in his judgment, be best for tne
handling of traffic in such towns and cities, from or to any road in the
State highway system, and from time to time make such changes in
the selection thereof as may be reasonable and proper. If such streets
and roads, or portions thereof, in such towns or cities so selected by
the State highway commissioner shall, in the opinion of the State high-
way commission, be maintained up to the standard of maintenance of
the State highway system adjoining such town or city, the State high-
way commissioner shall cause to be paid to such town or city, to be used
by it in the maintenance and improvement, including construction and
reconstruction, of streets, roads and bridges within such town or city,
subject to the approval of the State highway commission, the sum of
fifteen hundred dollars each year for each mile of such streets and
roads, or portions thereof, selected by the State highway commis-
sioner under the provisions of this section within such town or city,
one-third thereof to be paid from State highway maintenance funds
and the remaining two-thirds thereof to be paid from State highway
construction funds allocated to the construction district in which such
town or city is located. In addition thereto, the State highway com-
missioner is authorized and directed, whenever in the opinion of the
State highway commission it is advisable that any such street or road,
or portion thereof, including bridges, in any such town or city, selected
by the State highway commissioner under the provisions of this section,
be constructed or reconstructed, to pay, or cause to be paid, to such
town or city on account of such construction or reconstruction, from
State highway construction funds allocated to the construction district
in which such town or city is located, such sum as the State highway
commission may determine, not to exceed five hundred dollars annually
for each mile of such streets and roads, or portions thereof, selected by
the State highway commissioner under the provisions of this section,
within such town or city, provided such construction or reconstruction
shall be done in accordance with plans and specifications approved by
the State highway commissioner.

10. The department of highways shall set up such additional or-
ganization and forces and provide such additional equipment as may
be necessary for carrying out the provisions of this act, the expenses
thereof to be paid from funds to be available for expenditure on the
secondary system of State highways; provided that the existing road
personnel may be utilized wherever the same may be available and in
the judgment of the State highway commissioner, may be used ef-
ficiently and economically. ,

11. In order that the qualified voters of each county may deter-
mine whether or not such county shall withdraw from operation unde
this act and continue to receive as heretofore the amount of moto1
vehicle fuel tax to which it was entitled for the calendar year of nine-
teen hundred and thirty-one, with normal increase if any but not in.
cluding any additional amount for equalization as provided by law
for that year, and retain control, supervision, management and jurisdic
tion over the public roads, causeways, bridges, landings and wharves
of such county under existing law, the circuit court of the county, o:
the judge thereof in vacation, upon the petition of qualified voters o!
such county, not less than twenty-five (25) per centum of the numbe:
counted for presidential electors in the last presidential election in saic
county but in no event less than two hundred and fifty (250), filed on
or before July first, nineteen hundred and thirty-two, but not there-
after, shall forthwith make an order requiring the judges of electior
at a special election to be held on August ninth, nineteen hundred and
thirty-two, to open a poll and take the sense of the qualified voters
of the county on the question of whether or not such county shall
withdraw from the operation of this act. The form of the ballot for
use in such election shall be as follows:

“SG ge cna scua@eaeuens county (the name of such county to be
inserted) withdraw from the operation of the act of the general as-
sembly of Virginia, of nineteen hundred and thirty-two, establishing
the secondary system of State highways for maintenance and con-
struction by the State? ,

Yes
No”

The clerk of such court shall forthwith send a certified copy of
such order to the State comptroller and to the State highway com-
missioner at their offices in Richmond, Virginia.

Any voter qualified to vote at the latest general election of county
officers in such county, and any since qualified in such county at least
thirty (30) days prior to the special election held hereunder shall be
qualified to vote on the question herein provided.

The regular election officers of such county shall open the polls
at the various voting places in the said county, including the voting
places in any incorporated town located within such county whose
qualified voters are eligible to vote under the provisions of this act,
and shall conduct such election and close the polls in such manner as is
provided by law in other elections. The ballots to be used in such
election shall be printed and furnished by the county election officials
as in regular elections. At said election each qualified voter who shall
approve the withdrawal of such county from operating under the
provisions of this act and continuing to operate under existing law,
shall answer the question propounded, “Yes” by striking out the word
“No” on the ballot, and each qualified voter who shall disapprove the
withdrawal of such county from operating under the provisions of
this act and shall disapprove continuing to operate under the provisions
of existing law, shall answer such question, “No” by striking out the
word “Yes” on the ballot.

The judges of election at the several voting places shall immediately
after the closing of the polls at each of the said places, count the ballots
deposited and shall within two davs after said election make returns
thereof, as is provided in other elections.
The commissioners of election of such county shall, within two
days after the judges of election have made return of the poll books
and ballots as aforesaid, meet at the office of the clerk of the circuit
court of said county and, having taken an oath before him to faithfully
discharge their duties, canvass the returns and certify the results to the
circuit court, or to the judge thereof in vacation, and the said court,
or judge in vacation, shall thereupon enter of record in the current
common law order book an order setting out the results of the said
election and confirming the decision of the qualified voters of such
county in such election, and shall cause copies of such order, duly
certified by the clerk to be transmitted to the State comptroller and
the State highway commissioner at their offices in Richmond, Vir-
ginia. Such order shall require the supervisors or the State comptroller
and State highway commissioner, as the case may be, to carry out the
wishes of the majority of the voters voting, as expressed at said
election. ,

Any election held under the provisions of this act and the returns
thereof shall be subject to the inquiry, determination and judgment of
the circuit court of the county in which such election was held, upon
the written complaint of twenty-five (25) or more of the qualified
voters of such county, of an undue election or false returns, at least
two of whom shall take an oath that the facts set forth in such com-
plaint are true to the best of their knowledge and belief, and the court
shall, in the judging of such election and returns, proceed upon the
merits thereof and determine the same, according to the Constitution
and laws of this State, but no such complaint shall be valid unless it
shall have been filed within fifteen (15) days after said election, in
the clerk’s office of said circuit court. The board of supervisors shall
be made a defendant to such complaint by summons or notice to its
chairman of the filing thereof and a copy of such complaint shall be
served on the attorney for the Commonwealth in and for such county,
who shall defend the same. After such service on the chairman of
the board of supervisors, either party, upon reasonable notice to the
other, shall be at liberty to take depositions to sustain or invalidate
such election. Service of notice on any three (3) of the complainants
or upon the attorney of record for the complainants shall be sufficient.
Immediately upon the filing of any such complaint, the clerk of such
county in whose office it is filed shall notify in writing the State comp-
troller and the State highway commissioner thereof. The court shall
proceed at the next term after the serving of such summons or notice
to determine the contest, without a jury, on the evidence, oral or writ-
ten, unless good cause be shown for a continuance, and shall make a
proper record of its judgment, and the judgment of such court shall
be final. Copies of such judgment, duly certified, by the clerk shall
forthwith be filed with the board of supervisors, the State comptroller
and the State highway commissioner.

In event of an election to be held in any county under the provisions
of this act, the amount available for expenditure in such county under
the provisions of this act shall be held by the State, pending the final
determination of such election. If, as a result of such election, such
county shall withdraw from the operation of this act, it shall continue
to receive from the motor vehicle fuel tax, for expenditure under
existing law, as heretofore the amount of motor vehicle fuel tax to
which it was entitled for the calendar year, nineteen hundred and thirty-
one, including the normal increase if any but not including any addi-
tional amount for equalization as provided by law for that year and
shall continue with county and district road levies for the year. nine-
teen hundred and thirty-two and thereafter, and shall continue to
operate under the general county road law or as otherwise provided
by law.

12. All laws and acts, or parts of acts heretofore enacted, so far as
in conflict with this act, are hereby expressly repealed.