CHAPTER 200

An Act to authorize and empower the State Highway Commissioner to
convey on behalf of the Commonwealth certain minerals and mining
rights underlying Highway No. 52, in Wythe County. 1H

445

Approved March 10, 1954

Whereas, C. Arthur Jackson and his predecessor in title, M. J. Jack-
son, conveyed to the Commonwealth the fee simple title in certain strips
of land in Wythe County upon which Highway No. 52 has been con-
structed; and,

Whereas, the said Jacksons failed to reserve the minerals underlying
said strips of land; and,

Whereas, The New Jersey Zinc Company, a corporation authorized
to do business in Virginia, has acquired from the said C. Arthur Jackson
the mineral interest underlying the lands on either side of said strips
and in the proper mining thereof may require the right to pass under
the said highway; and, |

Whereas, all of the mining proposed to be done will be at a depth
and done in such manner as not to interfere with the use of said strips
for highway purposes; and,

Whereas, the price paid per acre for the Jackson mineral interest
was $80.00; and,

Whereas, The New Jersey Zinc Company has offered to pay the same
price per acre for the mineral interest underlying said strips, being a
total price of $253.60, now, therefore

Be it enacted by the General Assembly of Virginia:

1. Subject to the approval of the Governor first obtained and upon
payment to the Treasurer of Virginia of the sum of two hundred fifty-
three dollars and sixty cents the State Highway Commissioner is author-
ized to convey to The New Jersey Zinc Company, a corporation, the ores,
metals, minerals and mineral substances underlying said strips of land
together with the right to remove the same and to remove and appro-
priate to its uses such other material as good mining practices dictate
and all other necessary or convenient mining rights and privileges appro-
priate to the convenient and economic mining and removing said ores,
metals and mineral substances, and the right to transport in its under-
ground workings under said strips men and materials necessary or con-
venient for removing the mineral or other substances from this or other
properties owned, leased or worked by The New Jersey Zinc Company
and to drain water therefrom through said underground workings, pro-
vided that adequate safeguards, approved by the State Highway Com-
missioner, shall be taken by The New Jersey Zinc Company to protect
the said highway and the traveling public from damage because of such
underground workings, and nothing in this act or in the deed of con-
veyance shall be construed as authorizing or permitting said company,
without the consent of the State Highway Commissioner, to break the
surface of said strips of land or use said surface in any way differently
from the general traveling public. The said strips of land are bounded
and described as follows:

1. A strip or parcel of land being as shown on a plat or survey of
the said road, along, through, or over said lands, on file in the Office of
the State Highway Commission at Richmond, Virginia, identified as
Sheet No. 4-5, Project No. 111 A and D, Route No. 15 (now 52). The said
strip or parcel of land being in Wythe County, Virginia, and described
as follows:

Beginning at point on the center line of Route 15 (now 52) between
Jackson’s Ferry and Carroll County line, shown on plans as Sta. 38 + 90
and adjoining the lands of M. H. Jackson; thence S 35° 21’ E a distance
of 372.9 feet to Sta. 42 + 62.9; thence to the right on a 5° curve, a dis-
tance of 880.0 feet to Sta. 51 +42.9; thence S 8° 39’ W, a distance of
256.5 feet to Sta. 53 + 99.4; thence to the left on a 6° curve, a distance
of 348.3 feet to Sta. 57 + 47.7; thence S 12° 15’ E, a distance of 512.3
feet to the center of the present public road, being Sta. 62 + 60, and
adjoining the lands of R. J. Alford.

The land herein described being a strip or parcel 50 feet in width,
25 feet lying on either side of and adjacent to the hereinabove described
center line and containing 2.72 acres more or less.

(2) A strip or parcel of land being as shown on a plan or survey
of the said highway, on file in the Office of the Department of Highways
at Richmond, identified as Sheet No. 3, Project No. 111-DR1, H, B3,
BR1, Route No. 52, and also as shown on Sheet 1 of Right of Way map
prepared from said survey and plan, said land being in Wythe County
and described as follows:

Being as shown on said right of way map approved December second,
nineteen hundred forty-eight, and lying on both sides of and adjacent
to the center line of said project from the beginning of project at or
near Sta. 59 + 00 to the lands of R. W. Alford at or near Sta. 62 + 60;
also including the connection with present Route 52 and containing 0.45
acre, more or less.

Any conveyance proposed to be made under this act shall be subject
to approval as to form and legal effect by the Attorney General of
Virginia.

8. An emergency exists and this act is in force from its passage.