H. B. 4554
(By Delegates Doyle and Manuel)
(Originating in the Committee on the Judiciary)
[March 3, 1998]
A BILL to amend and reenact section three, article twenty-three,
chapter twenty-nine of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
establishing the boundary line between Jefferson County,
West Virginia, and Loudoun County, Virginia.
Be it enacted by the Legislature of West Virginia:
That section three, article twenty-three, chapter twenty- nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
ARTICLE 23. WEST VIRGINIA BOUNDARY COMMISSION.
§29-23-3. Establishing and marking boundary line between Jefferson County, West Virginia, and Loudoun County, Virginia; effect of certain rights and prosecutions; transmission to members of Congress; effective date.
(a) The commissions appointed on behalf of the state of West
Virginia and the Commonwealth of Virginia to study and make a
report on the true and correct boundary between Jefferson County,
West Virginia, and Loudoun County, Virginia, have completed their
investigations and have agreed upon the boundary line.
(b) (a) The boundary line between Jefferson County, West
Virginia, and Loudoun County, Virginia, is hereby, on the part of
this state, established and declared to be the watershed line of
the top of the ridge of the Blue Ridge mountains, as established
by the survey approved by the commission on the twenty-ninth day
of April, one thousand nine hundred ninety-seven, and to be
recorded in the land books in the courthouses of Jefferson
County, West Virginia, and Loudoun County, Virginia.
(c) (b) No vested right of any individual, partnership or
corporation within the territory affected by this section may in
any wise way be impaired, restricted or affected by this section.
This section shall not be is not retrospective in its operation
nor shall it and it does not in any way affect the rights of any
individual, partnership or corporation in any suit now pending in
any of the courts of this state or of the United States wherein
the cause of action arose over, or is in any way based upon, the
territory affected. This section shall in no wise way preclude
precludes the state of West Virginia from prosecuting any individual, partnership or corporation for violation of any of
the criminal laws of this state within the territory until this
section goes into effect.
(d) (c) The secretary of state shall furnish a certified copy
of this section to the governor of the Commonwealth commonwealth
of Virginia and shall also furnish certified copies to the United
States senators from the state of West Virginia and to the
representative from the second congressional district of West
Virginia in the House of Representatives, who are requested to
have the section presented to the Congress of the United States
for ratification by the Congress.
(e) (d) The commission created by section two of this article
is continued and is directed, in cooperation with the like
commission created by the commonwealth of Virginia, or other
agency designated by the commonwealth of Virginia for the
purpose, to survey and to erect to complete its work, including:
(i) The recordation of the survey in the Jefferson County
courthouse not later than the first day of April, one thousand
nine hundred ninety-eight, which survey shall take into account
KD Map 25A Parcel 0002 through which the water shed line runs and
which includes such residence on the Virginia side of the
boundary line; and (ii) the erection of permanent markers
designating the boundary line set forth in this section. The
markers shall be of the nature and kind the commission deems considers appropriate.
(e) This section shall take effect upon the adoption
Congress of the United States and approval by the General
Assembly of the commonwealth of Virginia of appropriate
legislation ratifying the boundary line set forth herein.
NOTE: The purpose of this bill is to establish the boundary
line between Jefferson County, West Virginia and Loudoun County,
Strike throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that
would be added.