SB79 SUB1
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 79
(By Senators McCabe, Deem and Sprouse)
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[Originating in the Committee on Government Organization;
reported March 20, 2001.]
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A BILL to amend chapter four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article eight-a, relating
to the boundary of the state capitol complex.
Be it enacted by the Legislature of West Virginia:
That chapter four of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended by adding thereto
a new article, designated article eight-a, to read as follows:
ARTICLE 8A. STATE CAPITOL COMPLEX BOUNDARY.
§4-8A-1. Legislative findings.
The Legislature finds that while the state of West Virginia currently maintains no plans to acquire new land for the capitol
complex, potential growth or consolidations of various state
agencies may create the need for new properties; that potential
for state expansions into the adjacent neighborhoods contributes
to the instability of the adjacent neighborhoods; that where this
threat exists, the value of renewed investments in deteriorating
properties is lessened; and that by defining boundaries on the
permissible development area by the state around the capitol
complex would ensure investment values for property owners in
nearby areas.
§4-8A-2.Definitions.
The following terms, wherever used or referred to in this
article, shall have the following meanings, unless a different
meaning clearly appears from the context:
(1) "Capitol complex" means the capitol building and
surrounding complex as described in section three of this
article, including, but not limited to, the governor's mansion,
Holly Grove, cultural center, buildings two, three, four, five,
six, seven, fifteen, sixteen and seventeen and parking lots and
garages adjacent thereto.
(2) "Area surrounding the capitol complex" means the
property within five hundred feet of the capitol complex, including, but not limited to, property south of the rail line
adjacent to Piedmont Road, north of Kanawha Boulevard, east of
Sydney Street and west of Michigan Avenue.
§4-8A-3. State expansion beyond capitol complex limited.
The state of West Virginia shall be prohibited from
acquiring or contracting to acquire, by purchase or lease
purchase, real property rights in the area surrounding the
capitol complex in Charleston outside of the following
boundaries:
(1) North of the capitol complex to the rail line adjacent
to Piedmont Road;
(2) East of the capitol complex: California Avenue from
Kanawha Boulevard to Quarrier Street; Jefferson Street from
Quarrier Street, north to midway to Washington Street; Michigan
Avenue from midway between Washington and Quarrier Streets to the
rail line adjacent to Piedmont Road;
(3) West of the capitol complex: Greenbrier Street from
Kanawha Boulevard to Washington Street; Sydney Street from
Washington Street to the rail line adjacent to Piedmont Road; and
(4) South of the capitol complex to Kanawha Boulevard:
Provided, That nothing in this article shall apply to roads and
highways as defined pursuant to section three, article one, chapter seventeen of this code.
§4-8A-4. Article not to be construed as limiting acquisition of
property.
Nothing in this article shall be construed as limiting or
interfering with the right of the state of West Virginia from
acquiring or contracting to acquire, by purchase, lease,
lease-purchase, or otherwise, real property or rights or
easements necessary or convenient for its corporate purposes and
to exercise the power of eminent domain to accomplish such
purposes in any area not included in the area surrounding the
capitol complex:
Provided, That nothing in this article shall
apply to property owned, occupied or presently used by the state
of West Virginia in the area surrounding the capitol complex.
NOTE: The purpose of this bill is to establish a boundary
within which the state capitol complex can be expanded.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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