CHAPTER 390

An Act providing for the release of the United States of America from
all claims for damages to public or leased oyster beds and oyster crops
on account of the construction, operation and maintenance of certain
anchorages in the Norfolk Harbor off Lambert Point Piers; and to
appropriate funds to pay claims for damages which may occur from
this project, as a result of the termination of the leasing of certain
oyster beds, and also as a result of the destruction of certain oyster

crops.
(H 318]
Approved March 29, 1958

Whereas, the Congress of the United States in ‘The River and Harbor
Act of September 8, 1954” (Chapter 1264 Public Law 760) adopted a
project, as provided in Senate Document number 122, 88rd Congress for
the construction of certain anchorages in the Norfolk harbor off the Lambert
Point Piers, south of Craney Island and west of the Elizabeth River
channel, provided provision is made by the Commonwealth of Virginia to
release the United States of America from all claims for damages which
may occur to public or leased oyster beds from the construction, operation
and maintenance of this project, and from all claims of oyster growers
for crops and production where the oyster growers hold leases from the
Commonwealth of Virginia in the said submerged lands; and

Whereas, said anchorages are badly needed in the Norfolk harbor at
the present time on account of the great increase in harbor traffic; and

Whereas, the federal government plans to expend at least the esti-
mated amount of $1,880,000 in the construction of said anchorages; and

Whereas, the federal government plans to construct in the hereinafter
described submerged lands one anchorage 38 feet deep, 1500 feet by 1500
feet; one anchorage 35 feet deep, 1500 feet by 1500 feet; and one anchorage
20 feet deep, 1,000 feet by 3,000 feet, all located south of Craney Island
and off Lambert Point; and
Whereas, such anchorages will contribute much to the development of
Hampton Roads area and to the Commonwealth of Virginia; and .

Whereas, the area necessary for the construction, operation and main-
tenance of this project consists of that certain piece or tract or submerged
land containing 245.6 acres, more or less, lying, situate and being in the
harbor of the city of Norfolk, Virginia, all of which is shown on a map on
file in the office of the Commission of Fisheries, State of Virginia, and
entitled “Norfolk Harbor, Va. Oyster Grounds Within Limits of Author-
ized Anchorages, October 18, 1957, Geo. H. Badger, Jr., Engineer, Com-
monwealth of Virginia, Commission of Fisheries”, and being more par-
ticularly described as follows, to-wit:

Beginning at a point having co-ordinate values of Y 203,293.51
X 2,633,491.55, said point being located on the west channel line of the
Norfolk Harbor, 40-Ft. Channel, N 09°-07’-18” W, 348.83 ft. from the
intersection of the west channel lines of the Norfolk Harbor 40-Ft. Chan-
nel at the angle point in the vicinity of Lambert Point coal piers, said
intersection of west channel lines having co-ordinate values of Y 202,954.29
X 2,633,545.60; thence S 80°-52’-45” W, 2,900 feet to a point having co-
ordinate values of Y 202,833.77 X 2,630,628.22; thence N 09°-07’-18” W,
3,800 ft. to a point, said point having co-ordinate values of Y 206,585.71
X 2,630,025.80; thence N 80°-52’-45” E, 2,900 feet to a point having co-
ordinate values Y 207,045.45 X 2,682,889.18; thence S 09°-07’-18” E,
3,800 feet to the point of beginning. .

All of the above co-ordinates are referred to the Lambert Grid (Va.
Bout Section), which is also identified as the Virginia State Grid System;
an

Whereas, before construction on this project can be begun by the
United States of America, the Commonwealth of Virginia is required to
secure from J. H. Miles & Co., Inc. and Rodger West, the owners of certain
oyster leases and oyster crops upon the above described property, the
cancellation and termination of said leases which these parties now have
on said oyster beds, and the purchase of their oyster crops; and

Whereas, in order to secure the said cancellation and termination
of said leases and the purchase of said oyster crops, it became necessary
for the Attorney General of Virginia to negotiate with representatives of
the said J. H. Miles & Co., Inc. and the said Rodger West in order to
determine the proper compensation; and

Whereas, the Attorney General recognizing the importance and ur-
gency of securing the cancellation and termination of said leases, and the
purchase of said oyster crops, secured the services of G. Alvin Massenberg,
Hampton, Virginia; George C. Bentley, Hampton, Virginia; and W. P.
Ballard, Norfolk, Virginia, to make an inspection and investigation and
advise the value of the leasehold property in said oyster beds and of the
oyster crops thereon owned by the said J. H. Miles & Co., Inc. and by the
said Rodger West; and

Whereas, pursuant to this arrangement, the Attorney General has
been advised that J. H. Miles & Company, Inc. is the lessee of 85.2 acres
in the above described area and Rodger West of 10.1 acres in said area,
a total of 95.3 acres; and that a fair and reasonable compensation for the
cancellation and termination of the leasehold properties would be a mini-
mum of $500 per acre, and that this would include the oyster crops on
said property and any damages of any kind to said crops accruing to
J. H. Miles & Company, Inc. or Rodger West on account of the proposed
dredging and construction; and

Whereas, the Attorney General has further negotiated with repre
sentatives of these two parties and an agreement has been reached with
J. H. Miles & Co., Inc. whereby said leases may be cancelled and terminated
and the crop owned by said Company be purchased and the Commonwealth
of Virginia fully released by the said J. H. Miles & Co., Inc, from any
future liability in connection with the construction, maintenance and opera-
tion of said project for the sum of $42,600.00; and .

Whereas, a similar agreement has been reached with Rodger West
whereby his leases may be terminated and his crop purchased and the
Commonwealth of Virginia fully released by him from any future liability
in connection with the construction, maintenance and operation of said
project for the sum of $5050.00; now, therefore,

Be it enacted by the General Assembly of Virginia:

1. § 1. That the Commonwealth of Virginia by this act does hereby

release the United States of America from all claims for damages which

may occur to public or leased oyster beds in the above described area

from the construction, operation and maintenance of this project, in-

cluding claims of oyster growers for crops in production who hold leases

a me Commonwealth of Virginia, in and on the submerged lands above
escribed.

§ 2. That the sum of $42,600.00 be and the same hereby is appro-
priated to the said J. H. Miles & Company, Inc. and the sum of $5050.00
to Rodger West in full satisfaction of all claims and demands which they
or either of them may have against the Commonwealth of Virginia by
virtue of the cancellation and termination of their respective leasehold
properties in the affected area of the aforesaid project, and in full satis-
faction of the value of their oyster crops in said affected area, and the
Comptroller is directed to draw his warrants on the State Treasurer for
said amounts payable to J. H. Miles & Company, Inc. and to Rodger West
in the amounts aforesaid, and the said Treasurer shall pay the same as
provided by law.

The said warrants shall, at the direction of the Governor, in his dis-
cretion, be delivered to the respective parties contemporaneously with their
executing proper releases acknowledging receipt of the above sums in full
satisfaction of any and all claims which they may have against the Com-
monwealth of Virginia by reason of the foregoing.