Virginia Compacts

Virginia Compacts
3/29/2017

§ 1-312. Boundary with District of Columbia

§ 1-312. Boundary with District of Columbia

The boundary line between the Commonwealth and the District of Columbia shall be and remain as described by the United States Public Law 208, Seventy-Ninth Congress, approved October 31, 1945, and amended by Chapter 772 of the 1968 Acts of Assembly and Chapter 94 of the 2002 Acts of Assembly.

Code 1950, § 7-9; 1966, c. 102, § 7.1-10; 1968, c. 772; 2002, c. 94; 2005, c. 839.

Virginia and District of Columbia Boundary Line Compact of 1946

ACTS OF ASSEMBLY, 1946 CHAPTER 26

An ACT to establish a boundary line between the District of Columbia and the Commonwealth of Virginia and to consent that, subject to certain reservations and conditions, exclusive jurisdiction over certain lands shall be in the United States; and to repeal Chapter 267 of the Acts of 1942, approved March 19, 1942.

Approved February 19, 1946

Whereas there has been passed by the Congress of the United States Public Law two hundred eight-Seventy-ninth Congress, approved October thirty-first, nineteen hundred forty-five, entitled ""An act to establish a boundary line between the District of Columbia and the Commonwealth of Virginia, and for other purposes.'', Title 1 of said act being as follows:

TITLE I-BOUNDARY LINE BETWEEN THE DISTRICT OF COLUMBIA AND THE COMMONWEALTH OF VIRGINIA

""Section 101. The boundary line between the District of Columbia and the Commonwealth of Virginia is hereby established as follows:

""Said boundary line shall begin at a point where the northwest boundary of the District of Columbia intercepts the high-water mark on the Virginia shore of the Potomac River and following the present mean high-water mark; thence in a southeasterly direction along the Virginia shore of the Potomac River to Little River, along the Virginia shore of Little River to Boundary Channel, along the Virginia side of Boundary Channel to the main body of the Potomac River, along the Virginia side of the Potomac River across the mouths of all tributaries affected by the tides of the river to Second Street, Alexandria, Virginia, from Second Street to the present established pierhead line, and following said pierhead line to its connection with the District of Columbia-Maryland boundary line; that whenever said mean high-water mark on the Virginia shore is altered by artificial fills and excavations made by the United States, or by alluvion or erosion, then the boundary shall follow the new mean high-water mark on the Virginia shore as altered, or whenever the location of the pierhead line along the Alexandria water front is altered, then the boundary shall follow the new location of the pierhead line.

""Section 102. All that part of the territory situated on the Virginia side of the Potomac River lying between the boundary line as described in section one hundred one and the mean high-water mark as it existed January twenty-fourth, Seventeen hundred ninety-one, is hereby ceded to and declared to be henceforth within the territorial boundaries, jurisdiction, and sovereignty of the State of Virginia: Provided, however, That concurrent jurisdiction over the said area is hereby reserved to the United States.

""Section 103. Nothing in this act shall be construed as relinquishing any right, title, or interest of the United States to the lands lying between the mean high-water mark as it existed January twenty-fourth, seventeen hundred ninety-one, and the boundary line as described in section one hundred one; or to limit the right of the United States to establish its title to any of said lands as provided by Act of Congress of April twenty-seventh, nineteen hundred twelve (37 Stat. 93); or the jurisdiction of the courts of the United States for the District of Columbia to hear and determine suits to establish the title of the United States in all lands in the bed, marshes, and lowlands of the Potomac River, and other lands as described by said act below the mean high-water mark of January twenty-fourth, seventeen hundred ninety-one; or to limit the authority to make equitable adjustments of conflicting claims as provided for in the act approved June fourth, nineteen hundred thirty-four (48 Stat. 836).

""Section 104. The "present' mean high-water mark shall be construed as the mean high-water mark existing on the effective date of this act.

""Section 105. The United States Coast and Geodetic Survey is hereby authorized, empowered, and instructed to survey and properly mark by suitable monuments the said boundary line as described in section one hundred one, and from time to time to monument such sections of said boundary line as may be changed as provided for in section one hundred one; and the necessary appropriations for this work are hereby authorized.

""Section 106. The provisions of sections two hundred seventy-two to two hundred eighty-nine, inclusive, of the Criminal Code (U.S.C., title eighteen, sections four hundred fifty-one-four hundred sixty-eight) shall be applicable to such portions of the George Washington Memorial Parkway and of the Washington National Airport as are situated within the Commonwealth of Virginia. Any United States commissioner specially designated for that purpose by the District Court of the United States for the Eastern District of Virginia shall have jurisdiction to try and, if found guilty, to sentence persons charged with petty offenses against the laws of the United States committed on the above-described portions of the said parkway or airport. The probation laws shall be applicable to persons so tried. For the purposes of this section, the term "petty offense' shall be defined as in section three hundred thirty-five of the Criminal Code (U. S. C., title eighteen section five hundred forty-one.) If any person charged with any petty offense as aforesaid shall so elect, however, he shall be tried in the said district court.

""Section 107. The State of Virginia hereby consents that exclusive jurisdiction in the Washington National Airport (as described in section one (b) of the act of June twenty-ninth, nineteen hundred forty (fifty-four Stat. six hundred eighty-six)), title to which it now in the United States, shall be in the United States. The conditions upon which this consent is given are the following and none others: (one) There is hereby reserved in the Commonwealth of Virginia the jurisdiction and power to levy a tax on the sale of oil, gasoline, and all other motor fuels and lubricants sold on the Washington National Airport for use in over-the-road vehicles such as trucks, buses, and automobiles, except sales to the United States: Provided, That the Commonwealth of Virginia shall have no jurisdiction or power to levy a tax on the sale or use of oil, gasoline, or other motor fuels and lubricants for other purposes; (two) there is hereby expressly reserved in the Commonwealth of Virginia the jurisdiction and power to serve criminal and civil process on the Washington National Airport; and (three) there is hereby reserved in the Commonwealth of Virginia the jurisdiction and power to regulate the manufacture, sale, and use of alcoholic beverages on the Washington National Airport (as described in section one (b) of the act of June twenty-ninth, nineteen hundred forty (fifty-four Stat. six hundred eighty-six)).

""Subject to the limitation on the consent of the State of Virginia as expressed herein exclusive jurisdiction in the Washington National Airport shall be in the United States and the same is hereby accepted by the United States.

""This act shall have no retroactive effect except that taxes and contributions in connection with operations, sales and property on and income derived at the Washington National Airport heretofore paid either to the Commonwealth of Virginia or the District of Columbia are hereby declared to have been paid to the proper jurisdictions and Commonwealth of Virginia and the District of Columbia each hereby waives any claim for any such taxes or contributions heretofore assessed or assessable to the extent of any such payments to either jurisdiction.

""Any provision of law of the United States or the Commonwealth of Virginia which is to any extent in conflict with this act is to the extent of such conflict hereby expressly repealed.

""Section 108. This title shall not become effective unless and until the State of Virginia shall accept the provisions thereof.''

Whereas, the said boundary line as established by the said Act of Congress is acceptable and satisfactory to the Commonwealth of Virginia; and

Whereas, it is desirable that the Commonwealth consent that exclusive jurisdiction over the Washington National Airport, subject to the reservations and conditions prescribed in section one hundred seven of said Act of Congress, shall be in the United States; now, therefore,

Be it enacted by the General Assembly of Virginia:

1. That the boundary line between the District of Columbia and the Commonwealth of Virginia is hereby established as set out in said Act of Congress hereinabove quoted.

2. The Commonwealth of Virginia hereby accepts the provisions of Title I of said Act of Congress, said acceptance to be effective upon the passage and approval of this act.

3. The Commonwealth of Virginia consents that exclusive jurisdiction over the Washington National Airport, subject to the reservations and conditions prescribed in section one hundred seven of said Act of Congress hereinabove quoted, shall be in the United States, and the powers reserved to the Commonwealth of Virginia in said section one hundred seven shall be vested, reside and remain in this Commonwealth.

4. Nothing contained in this act shall be construed as repealing any special acts heretofore or at this session passed ceding jurisdiction to the Federal Government to acquire any specific tract of land.

5. Chapter two hundred and sixty-seven of the Acts of Assembly of nineteen hundred forty-two, approved March nineteen, nineteen hundred forty-two, be, and the same is hereby, repealed.

6. An emergency exists and this act is in force from its passage.