CHAPTER 372

An Act to amend and reenact §§ 1, 4-a, 5 and 7 of Chapter 642 of the Acts
of Assembly of 1964, approved April 1, 1964, relating to the Fairfax
County Airport Authority. _

[(S 2

Approved April 1, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 1, 4-a, 5 and 7 of Chapter 642 of the Acts of Assembly of 1964,
approved April 1, 1964, be amended and reenacted as follows:

§ 1. Definitions.—As used in this Act the following words and terms
shall have the following meanings, unless the context shall indicate another
or different meaning or intent: )

(a) The word “Authority” shall mean the Fairfax County Airport
Authority hereinafter created or, if the Authority shall be abolished, the
board, body, commission or agency succeeding to the principal functions
thereof or upon whom the powers given by this Act to the Authority shall
be conferred by law.

(b) The word “project” shall mean an airport and appurtenant
facilities for general, commercial and private use constructed by and for
the Authority under the provisions of this Act, together with all necessary
and convenient approaches, roads and streets used in connection with such

(c) The term “cost of the project” shall embrace the cost of con-
struction, landscaping and conservation, the cost of acquisition of all land,
rights of way, property, rights, easements and interests acquired by the
Authority for the construction and operation of the project, the cost of
demolishing or removing any buildings or structures on land so acquired,
including the cost of acquiring any land to which such buildings or struc-
tures may be moved, the cost of all machinery and equipment, financing
charges, interest prior to and during construction and, if deemed advisable
by the Authority for a period not exceeding one year after completion of
construction, cost of traffic estimates and of engineering and legal services,
plans, specifications, surveys, estimates of cost and of revenues, provision
for working capital and a reserve for interest, other expenses necessary
or incident to determining the feasibility or practicability of constructing
the project, administrative expenses, and such other expenses as may be
necessary or incident to the construction of the project, the financing of
such construction and the placing of the project in operation.

(d) The word “bonds” or the words “revenue bonds” shall mean
revenue bonds or revenue refunding bonds and notes of the Authority
Issued under the provisions of this Act.

(e) The word “owner” shall include all individuals, copartnerships,
associations or corporations and also municipalities, political subdivisions
and all public agencies and instrumentalities having any title or interest in
any Broverty, rights, easements and interests authorized to be acquired

y this Act.

§ 4-a, In addition to the powers conferred by the preceding section,
the Authority is hereby empowered to lease, sell or encumber any real
or personal property owned by the Authority.

§ 5. (a) The Authority is hereby authorized and empowered to
acquire by purchase solely from funds provided under the provisions of
this Act, such lands, structures, property, rights, rights of way, franchises,
easements and other interests in lands as it may deem necessary or con-
venient for the construction and operation of the project, upon such terms
and at such prices as may be considered by it to be reasonable and can
be agreed upon between it and the owner thereof.

All public agencies and the commissions of the Commonwealth, with
the approval of the Governor, and the County of Fairfax, notwithstanding
any contrary provisions of law, are hereby authorized and empowered to
lease, lend, grant or convey to the Authority at its request upon such
terms and conditions as may be mutually agreed upon, without the neces-
sity for any advertisement, order of court or other action or formality,
any real property which may be necessary or convenient to the effectua-
tion of the authorized purposes of the Authority, including public high-
ways and other real property already devoted to public use.

(b) The Authority is authorized and empowered to acquire by the
exercise of the power of eminent domain limited to the definition of
Project” as set forth herein, any lands, property, rights, rights of way,
franchises, easements and other property, including public lands, parks,
playgrounds, reservations, highways or parkways, or parts thereof or
rights therein, of any person, copartnership, association, public service,
public utility or other corporation, or of the county, deemed necessary or
convenient for the construction or the efficient operation of the project
or necessary in the restoration, replacement or relocation of public or
private property damaged or destroyed, whenever a reasonable price can-
not be agreed upon or whenever the Authority cannot agree on the terms
of purchase or settlement with the owner or owners because of the in-
capacity of such owner or owners or because of the inability to agree on
the compensation to be paid or other terms of settlement or purchase,
or because such owner or owners are nonresidents of the Commonwealth,
or are unknown, or are unable to convey valid title to such property. Such
proceedings shall be in accordance with and subject to the provisions of
any and all laws of the Commonwealth applicable to the exercise of the
power of eminent domain in the name of the State Highway Commis-
sioner and subject to the provisions of § 25-233 of the Code of Virginia,
1950, as fully as if the Authority were a corporation possessing the power
of eminent domain; provided, however, that title to any property con-
demned by the Authority shall immediately vest in the Authority, and the
Authority shall be entitled to the immediate possession of such property
upon the deposit with the clerk of the court in which such condemna-
tion proceedings are originated, of the total amount of the appraised price
of the property and court costs and fees as provided by said laws, not-
withstanding that any of the parties to such proceedings shall appeal
from any decision in such condemnation proceedings. Whenever the Au-
thority shall make such deposit in connection with any condemnation
proceeding, the making of such deposit shall not preclude the Authority
from appealing any decision rendered in such proceedings. Upon the
deposit with the clerk of the court of the appraised price, any person or
persons entitled thereto may, upon petition to the court, be paid his or
their pro rata share of 90% of such appraised price. The acceptance of
such payment shall not preclude such person or persons from appealing
any decision rendered in such proceedings. If the appraisement is greater
or less than the amount finally determined by the decision in such pro-
ceeding or by an appeal, the amount of the increase or decrease shall be
paid by or refunded to the Authority.

The terms “appraised price” and “appraisement” as used in this
section mean the value determined by two competent real estate ap-
praisers appointed by the Authority for such purposes.

The acquisition of any such property by condemnation or by the
exercise of the power of eminent domain shall be and is hereby declared
to be a public use of such property.

(c) Title to any property acquired by the Authority shall be taken
in the name of the Authority.

In any eminent domain proceedings the court having jurisdic-
tion of the suit, action or proceeding may make such orders as may be just
to the Authority and to the owners of the property to be condemned and
may require an undertaking or other security to secure such owners
against any loss or damage by reason of the failure of the Authority to
accept and pay for the property, or by reason of the taking of property
occupied by such owners, but neither such undertaking or security nor
any act or obligation of the Authority shall impose any liability upon the
Commonwealth or upon any county, or other political subdivision of the
Commonwealth.

(e) If the owner, lessee or occupier of any property to be con-
demned or otherwise acquired shall refuse to remove his property there-
from or give up possession thereof, the Authority may proceed to obtain
possession in any manner provided by law.

(f) The Commonwealth, subject to the approval of the Governor,
hereby consents to the use of any lands or property owned by the Com-
monwealth which are deemed by the Authority to be necessary for the
construction or operation of the project.

(g) No property shall be acquired by any method by the Authority
without the prior approval of the location of the situs of such property by
the governing body of the county after public hearing held thereon.

§ 7. Trust Agreement.—lIn the discretion of the Authority any bonds
issued under the provisions of this Act may be secured by a trust agreement
by and between the Authority and a corporate trustee, which may be any
trust company or bank having the powers of a trust company within or
without the Commonwealth. Such trust agreement or the resolution pro-
viding for the issuance of such bonds may pledge or assign the tolls and
other revenues to be received. * In connection with the issuance of such
bonds or in order to secure the payment thereof, the Authority shall have
power under such agreement to mortgage all or any part of its property,
real or personal, then owned or thereafter acquired, to vest in the trustee
thereunder the right to foreclose such mortgage and to provide the terms
and conditions upon which such trustee or the holders of bonds or any
proportion thereof may exercise the right of foreclosure. Such trust agree-
ment or resolution providing for the issuance of such bonds may contain
such provisions for protecting and enforcing the rights and remedies of the
bondholders as may be reasonable and proper and not in violation of law,
including covenants setting forth the duties of the Authority in relation
to the acquisition of property and the construction, improvement, main-
tenance, repair, operation and insurance of the project, the rates of toll
or other charges to be charged, and the custody, safeguarding and appli-
cation of all moneys. It shall be lawful for any bank or trust company
incorporated under the laws of the Commonwealth which may act as
depositary of the proceeds of bonds or of revenues to furnish such indem-
nifying bonds or to pledge such securities as may be required by the
Authority. Any such trust agreement may set forth the rights and remedies
of the bondholders and of the trustee, and may restrict the individual right
of action by bondholders. In addition to the foregoing, any such trust
agreement or resolution may contain such other provisions as the Authority
may deem reasonable and proper for the security of the bondholders. All
expenses incurred in carrying out the provisions of such trust agreement or
resolution may be treated as a part of the cost of the operation of the
project.