CHAPTER 632

An Act to create the Virginia Historic Landmarks Commission; to provide
for the appointment of the members thereof; to prescribe the powers
and duties of the Commission with reference to the establishment, aesig-
nation, preservation, and marking of historic landmarks and historte
districts; to prescribe the effect on assessment for taxation of designa-
tion of historic landmarks and historic districts; to empower the Com-
mission, under certain conditions, to acquire property by purchase,
gift or lease; and to transfer to the Commission certain powers and

duties with respect to historic markers.
(S 108]

Approved April 6, 1966

Be it enacted by the General Assembly of Virginia:

1. §1. There is hereby created in the Executive Department of the
State Government the Virginia Historic Landmarks Commission, herein-
after referred to as Commission.

§ 2. (a) The Commission shall consist of ten members. Seven shall
be appointed by the Governor and the remaining three shall be the Director
of the Department of Conservation and Economic Development, the State
Librarian, and the Director of the Virginia Research Center for Historic
Archaeology, all as ex officio members, but with full voting rights.

(b) Of the seven members appointed by the Governor, one may be
chosen from a list of three names submitted to him by the Association for
the Preservation of Virginia Antiquities, one may be chosen from a list of
three names submitted to him by the Virginia Historical Society, one may
be taken from a list of three names submitted to him by Colonial Williams-
burg, Incorporated, one may be chosen from a list of three names submitted
to him by the Dean of the School of Architecture, University of Virginia, one
may be chosen from a list of three names submitted to him by the Virginia
Chapter of the American Institute of Architects and the remainder shall be
appointed from the State at large.

(c) Of the appointive members, initially two shall be appointed for
terms of four years, two shall be appointed for terms of three years, two
shall be appointed for terms of two years and one shall be appointed for a
term of one year. Thereafter, appointments shall be made for terms of four
years, except appointments to fill vacancies occurring other than by expira-
tion of term, which shall be filled for the unexpired term.

(ad) No member of the Commission shall receive compensation for his
services but they shall be reimbursed their necessary expenses incurred in
the performance of their duties.

§ 8. The Commission may employ an executive director and such
other employees, assistants, and technical personnel as may be required
for the performance of its duties.

§ 4. The Commission shall:

(a) Make a survey of, and designate as an historic landmark, the
buildings, structures and sites which constitute the principal historical,
architectural and archaeological sites which are of State-wide or national
significance. No structure or site shall be deemed to be an historic one unless
it has been prominently identified with, or best represents, some major
aspect of the cultural, political, economic, military, or social history of the
State or nation, or has had a major relationship with the life of an historic
personage or event representing some major aspect of, or ideals related to,
the history of the State or nation. In the case of structures which are to be
so designated, they shall embody the principal or unique features of an
architectural type or demonstrate the style of a period of our history or
method of construction, or serve as an illustration of the work of a master
builder, designer or architect whose genius influenced the period in which
he worked or has significance in current times. In order for a site to qualify
as an archaeological site, it shall be an area from which it is reasonable to
expect that artifacts, materials and other specimens may be found which
give insight to an understanding of aboriginal man or the Colonial and early
history and architecture of the State or nation.

(b) Prepare a register of buildings and sites which meet the require-
ments of the preceding paragraph, publish lists of such properties and in-
spect such properties from time to time; publish a register thereof from
time to time setting forth appropriate information concerning the registered
buildings and sites.

(c) With the consent of the landowners, certify and mark, with ap-
propriately designed markers, buildings and sites which it has registered.

(d) Establish standards for the care and management of certified
landmarks and withdraw such certification for failure to maintain the stand-
ards 80 prescribed.

(e) Acquire by purchase, gift, or lease and administer registered
landmarks, sites and easements and interests therein; such acquisition
may be made from funds provided by law or otherwise.

f) Lease or sell property so acquired under terms and conditions
designed to ensure the proper preservation of the landmark or site in
question.

(g) Establish historic districts for registered landmarks and desig-
nate the area thereof by appropriate markers provided the county or city in
which the district or registered landmark is located fails or refuses to take
such action as is necessary to establish and maintain such districts.

(h) Identify historical districts for registered landmarks and aid
and encourage the county or city in which the district or landmark is
located to adopt such rules and regulations as the Commission may develop
and recommend for the preservation of historical, architectural, or archaeo-
logical values.

(i) Prepare and place, from funds provided by law, State historical
markers on or along the highway or street closest to the location which is
intended to be identified upon such marker.

(j) Seek the advice and assistance of individuals, groups and gov-
ernments who or which are conducting historical preservation programs
and coordinate the same insofar as possible.

(k) Seek and accept gifts, bequests, endowments and funds from any
and all sources for the accomplishment of the function of the Commission.

. In any case in which the Commission designates a structure
or site as a certified landmark, it shall notify the official having the power to
make assessments of properties for purposes of taxation within the county
or city in which the structure or site is located and such designation and
notifiication shall be, prima facie, evidence that the value of such property
for commercial, residential or other purposes is reduced by reason of its
designation.

§ 6. When the Commission establishes an historic district, it shall
notify the official of the county or city whose duty it is to assess property
for the purpose of taxation by the county or city in which such area is
located of the fact of such establishment and the boundaries of the district,
together with the restrictions which are applicable to properties located in
such district and of the fact that commercial, industrial and certain other
uses within such district are restricted. The tax assessing official shall take
such factors into consideration in assessing the properties therein and, based
on the restrictions upon the uses of such property, place a lower valuation
upon the same.

§ 7. In the establishment of historic districts, the Commission shall
not act in any county or city in which local officials have established such
districts. In any county or city having power to establish such districts and
which hag not dnnaan tha Mammiaainn ahall. in annronriate cases dadiqnota
the same is located and request them to take such action as will enable
se, oetab listen and perpetuation through local action, of historic
istricts.

§ 8. Whenever the Commission, with the consent of the landowner,
certifies property as being a registered landmark, it may seek and obtain
from such landowner such restrictions upon the use of the property as the
Commission finds are reasonable and calculated to perpetuate and preserve
the features which led it to designate such property as an historical land-
mark. All such agreements between the Commission and the landowner
shall be in writing, and, when duly signed, shall be recorded in the clerk’s
office of the county or city wherein deeds are admitted to record and when
so recorded shall be notification to tax assessing officials of the restrictions
therein set forth. Such restrictions shall be observed by the tax assessing
officials of such county or city in placing a lower valuation upon such prop-
erty in future assessments or reassessments of real estate.

§ 9. All agencies of the State shall assist the Commission in the
disposition of its duties and functions upon the request of the Commission
or the executive director thereof.

§ 10. All powers, duties and functions of the State Librarian and
the State Library Board relating to the erection, maintenance and control
of historical markers under Article 6 of Chapter 6 of Title 42 of the Code
of Virginia are hereby transferred to, and vested in the Commission, and,
for these purposes, the Commission shall have all the powers and duties,
including the appointment of committees, heretofore exercised by the State
Library Board.

§ 11. This act being designed for the public welfare and the per-
petuation of those structures and areas which have a close and immediate
relationship to the values upon which this State and the Nation were
founded, and which serve as a means of illustrating to present and future
generations the inherent worth of such values and the unchangeable truths
thereby demonstrated, shall be broadly construed in order to accomplish
the purposes herein set forth.