Senate Bill No. 676

(By Senators McCabe, Walker, Mitchell, Sprouse and McKenzie)

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[Introduced February 22, 1999; referred to the Committee on Government Organization.]

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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 boundary limits for expansion 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 eight-a, to read as follows:
ARTICLE 8A. STATE CAPITOL COMPLEX BOUNDARY LIMITS.
§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 securing 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, including, but not limited to, the Ggovernor's Mmansion, Holly Grove, Ccultural Ccenter, 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 in close proximity to the neighborhoods adjacent to the capitol complex, including, but not limited to, property south of the rail line adjacent to Piedmont Rroad, north of Kanawha Bboulevard, east of Sydney Sstreet and west of Michigan Aavenue.
§4-8A-3. State expansion beyond capitol complex limited.
The state of West Virginia shall be prohibited from acquiring property in the area surrounding the capitol complex in Charleston outside of the following secured boundaries:
(1) North of the capitol complex to the rail line adjacent to Piedmont Rroad;
(2) East of the capitol complex: California Aavenue from Kanawha Bboulevard to Quarrier Sstreet; Jefferson Sstreet from Quarrier Sstreet, north to midway to Washington Sstreet; Michigan Aavenue from midway between Washington and Quarrier Sstreets to the rail line adjacent to Piedmont Rroad;
(3) West of the capitol complex: Greenbrier Sstreet from Kanawha Bboulevard to Washington Sstreet; Sydney Sstreet from Washington Sstreet to the rail line adjacent to Piedmont Rroad; and
(4) South of the capitol complex to Kanawha Bboulevard: 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 neighborhoods adjacent to the secured boundaries as defined in section three of this article: 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.

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(NOTE: The purpose of this bill is to add a new article relating to boundary limits for expansion of the state capitol complex.

This article is new; therefore, strike-throughs and underscoring have been omitted.)