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.