Chap. 135.—An ACT to authorize the State Highway Commission to acquire by
purchase, condemnation, or gift, ferries which are connecting links in the State
highway systems, and to purchase all equipment and other things necessary
for the establishment of new ferries to become connecting links in the State
highway systems, and to operate or lease the same, and to repeal Chapter 453
and Chapter 449 of the Acts of Assembly of Virginia of 1924. [S 93]

Approved March 6, 1944

Be it enacted by the General Assembly of Virginia:

1. Section 1. The State Highway Commission is hereby authorized
and empowered to acquire by purchase, condemnation, or gift, any ferry
within the State of Virginia which forms a connecting link in a State
highway. and to purchase all equipment and other things necessary for
the establishment of new ferries to become connecting links in the State
highway systems, whenever it shall determine such action to be advisable
and expedient. The Commission may expend from State highway con-
struction funds of the highway district or districts where the ferries are
located and are untler its control at any time such sums as may be neces-
sary to acquire or establish, maintain and operate any such ferry:
- Section 2. The State Highway Commission may operate any ferry
acquired or established under the provisions of this act or heretofore
acquired or established under the provisions of chapter four hundred
fifty-three or chapter four hundred forty-nine of the Acts of Assembly
of Virginia of nineteen hundred twenty-four either as a free or toll ferry
or may, for such consideration and under such terms and conditions as
are deemed by it to be proper, lease any such ferry to any city, town, or
county of this State, or any combination thereof, or to any person, firm,
association, or corporation, reserving unto the State Highway Commis-
sion the right to fix the rates of ferriage and reserving also the right to
terminate the lease at any time upon giving written notice of intention
to do so to the lessee six months prior to the date the State Highway
Commission desires the lease terminated. All receipts collected by the
State Highway Commission from the operation or lease of any such
ferry shall be paid into the State Treasury to the credit of the State
highway construction fund.

Section 3. Whenever the receipts collected by the State Highway
Commission from the operation or lease or both of any ferry menttoned
in section two of this act equal the original cost of such ferry and of all
things necessary for its operation plus the amount expended by the
State Highway Commission on the previous operation and maintenance
of the same, the rates of ferriage charges for the use of such ferry by the
public shall not be fixed above the rates necessary to defray the future
cost of operation and maintenance of the same. Subject to the foregoing
limitation, the State Highway Commission may establish a system of
ferriage charges for the use by the public of any such ferry at such rates
as are deemed by the State Highway Commission to be reasonable and
proper and may at any time raise or lower the rates of ferriage charges
whenever it deems such action necessary, reasonable and proper. The
State Highway Commission may also at any time discontinue the charge
of toll for the use of any such ferry whether the amount theretofore col-
lected from the operation or lease of such ferry equals the original cost
of the same or not. Oo

Section 4. No permission shall be granted at any time for the op-
eration of a ferry to compete with any ferry acquired or established by
the State Highway Commission under the provisions of this act or here-
tofore acquired or established by the State Highway Commission under
the provisions of chapter four hundred fifty-three or chapter four hun-
dred forty-nine af the Acts of Assembly of Virginia of nineteen hundred
twenty-four.

Section 5. Nothing in this act contained shall apply to ferries op-
erated between Portsmouth City and Norfolk City, or between Ports-
mouth Citv and Berkeley or to any ferry plying across the waters of
Elizabeth River or Hampton Roads, or between Cape Charles and Little
Creek or Cape Charles and Old Point and Norfolk. y

Section 6. Nothing in this act shall repeal, amend, alter or con-
flict with any of the provisions of chapter three hundred ninety-nine of
the Acts of Assembly of nineteen hundred forty, approved April one,
nineteen hundred forty, and known and cited as the State Revenue Bond
Act.
- 2, Chapter four hundred fifty-three of the Acts of Assembly of Vir-
ginia of nineteen hundred twenty-four, entitled an act to authorize the
State Highway Commission to acquire, by purchase, condemnation, or
gift, ferries which are connecting links in the State highway system, and
to operate or lease the same, approved March twenty-first, nineteen
hundred twenty-four; and chapter four hundred forty-nine of the Acts
of Assembly of Virginia of nineteen hundred twenty-four, entitled an
act to authorize the State Highway Commission to expend, out of the
funds allocated for the construction of the State highway system, such
sum of money as may be necessary for the purpose of purchasing ferries,
equipment and other things necessary for the operation of ferries con-
necting State highways, and to provide for the collection and disposition
of ferries, approved March twenty-first, nineteen hundred twenty-four ;
are hereby repealed.