Chap. 39.—An ACT to authorize the State Highway Commissioner, with the ap-
proval of the Governor, to exercise the power of eminent domain to acquire, for
temporary use and operation by the State Highway Department, certain ferries,
steamboats, docks, wharves, facilities and equipment used in operating the
same, under circumstances where the owners or operators are unable or un-
willing to operate same. [H B 408]

Approved February 22, 1946

Be it enacted by the General Assembly of Virginia:

1. Section 1. Definition—As used in this act,

(a) The word “ferry” shall be construed as meaning any business
or enterprise conducted for private profit in the normal course of which
motor vehicles are transported by steamboats or other vessels across any
waters within the state under such circumstances that the operation of
same serves or functions as a connecting link between highways which
are a part of the State Highway System, and which service enables the
continuation or resumption of travel by the operator of any such motor
vehicle over said highways on the opposite side of said waters.
(b) The words “facilities and equipment” shall mean all personal
property customarily used in operating a ferry, including steamboats and
other vessels.

(c) “Docks and wharves” shall mean all docks, wharves, platforms,
landing places, and approaches thereto and exits therefrom, and all
buildings auxiliary or proximate thereto, customarily used in, or in con-
nection with, the operation of any ferry.

Section 2. Whenever the owner or operator of any ferry, as defined
in section one of this act, is unable for any reason to operate the same in
accordance with the normal course of business of said ferry, or for any
reason 1s unwilling to so operate same, the State Highway Commissioner
(hereinafter called the ‘““Commissioner”’), in addition to the powers of
eminent domain vested in him by section one of chapter three hundred
and eighty of the Acts of Assembly of nineteen hundred forty, 1s hereby
vested with the power of eminent domain, so far as same may be nec-
essary, to acquire for temporary use in connection with the State High-
way System any such ferry, the normal operation of which has been so
impaired or suspended, together with all “facilities and equipment”,
‘docks and wharves”, or other property necessary or proper in connec-
tion with the operation of same. In no case shall the Commissioner ex-
ercise the power hereby conferred until such exercise 1s approved in
writing by the Governor.

Section 3. Before entering into the possession of any such ferry
or other property, the Commissioner shall notify the owner or operator
of same that in his opinion the normal operation of said ferry has been
so interrupted, curtailed, impaired, or suspended, as to result in a serious
obstruction to the use and operation of the State Highway System, and
that said Commissioner requests the delivery to him and his agents of
possession of said ferry and other property which may be desired. Un-
less the owner or operator believes that the Commissioner is mistaken in
his conclusion that the ferry service has been so adversely affected as
asserted by him, said owner or operator shall forthwith deliver possession
in accordance with said request. In the event of the refusal of such pos-
session, upon application of the Commissioner any court of record of any
county or city in which any terminal point of any such ferry 1s located,
or the judge thereof, in vacation, shall issue a rule requiring such owner
or operator to show cause why the said possession should not be delivered
as requested. The rule shall be given preference over all other matters
pending before said court. The said court or judge, after reasonable
notice, shall hear the parties and determine as promptly as possible the
question of fact relating to the service, if any, being rendered by the ferry
and whether the facts require the delivery of said possession under the
provisions of this act, and render judgment requiring or denying de-
livery of possession as the case may be.

Section 4+. Upon delivery to him of possession of any such ferry
and properties, it shall be the duty of the Commissioner, by and through
his agents and emplovees, to operate the same for the account of the
State Highway Department in such manner as will best meet and satisfy
the public needs and facilitate the operation and use of the State Highway
System. He shall collect the same charges, tolls or rates as were last
customarily imposed by the ferry before delivery of such possession, and
pay the same into the State treasury for credit to the highway funds.

Section 5. Whenever the owner or operator of any such ferry shall
notify the Commissioner in writing, stating that he is in position to, and
can and will resume operation and render normal ferry service, and shall
satisfy the Commissioner of the correctness of such statement, the Com-
missioner shall restore the possession of the ferry and all property so
acquired by him to the said owner or operator upon his request. In the
event the Commissioner refuses such restoration of possession, the owner
or operator shall have the right to have a rule issued in the manner pro-
vided in section three hereof requiring the Commissioner to show cause
why such possession should not be restored, and the court shall deter-
mune the matter as 1n said section provided.

Section 6. The owner or operator of said ferry shall be entitled to
receive reasonable, proper, and lawful compensation for the use of the
ferry and other properties by the State and shall be paid same out of
the State highway funds in the State treasury. In the event the Com-
missioner and the owner or operator are unable to agree upon the amount
of such compensation either party in interest may file a petition in any
court mentioned in section three hereof for the purpose of having same
judicially determined. The court shall, without a jury, hear such evi-
dence and arguments of counsel as may be deemed appropriate and
render judgment thereon, or may refer to a commissioner such questions
as are considered proper and act upon the commissioner's reports as in
ordinary chancery proceedings. An appeal shall lie to the Supreme Court
of Appeals from any final judgment of the court rendered under this
section or under section five hereof.

Nothing in this act shall be construed to affect any ferry owned or
operated by any municipality or county or jointly owned or operated by
any municipality or county of this State.

2. An emergency exists and this act 1s in force from its passage.