Code of Virginia

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Code of Virginia
Title 45.1. Mines and Mining
Chapter 14.8. Emergency Seizure of Coal Properties by Commonwealth
4/22/2019

§ 45.1-161.316. Virginia Fuel Commission; powers and duties.

To act for and on behalf of the Governor in the enforcement of the powers and duties set forth in this chapter, the Governor may appoint a commission, known and designated as the Virginia Fuel Commission, hereafter the Commission. The Commission shall be composed of three residents of the Commonwealth, one of whom shall be designated by the Governor as chairman. The Commission, subject to the approval of the Governor, shall have in addition to such powers and duties incident hereto as the Governor may have and shall delegate to it, the following powers and duties:

1. To promulgate such rules and regulations and to issue such orders as may in the judgment of the Commission be necessary to accomplish in full the purposes of this chapter, which shall have the force and effect of law and the violation thereof shall be punishable as a Class 1 misdemeanor;

2. To appoint and employ such officers and personnel as in its judgment may be required to carry out the provisions of this chapter and to remove, in its discretion, any and all persons serving thereunder, and to fix, subject to approval by the Governor, the remuneration of all such officers and other personnel. Such personnel shall work subject to such safety provisions as are in force on the property at time of acquisition;

3. To acquire under the power of eminent domain, or by purchase, lease or otherwise, all the property of any person used in the business of mining, production and marketing coal, including all lands, tipples, mines, ores, rights-of-way, leaseholds, and every character and type of equipment deemed by the Commission necessary and incidental to the continuous mining and production of coal; and

4. To operate, manage and control any such properties so acquired; to purchase coal, coke and other fuel and to sell the same, either at retail or at wholesale; to enter into contracts; to allocate and provide for the distribution of coal and other fuels so as to assure distribution deemed most likely to promote the welfare, health and safety of the people of Virginia; and to do any and all things necessary and incident to the mining, production and marketing of coal.

Code 1950, § 45-149; 1950, p. 30; 1966, c. 594, § 45.1-149; 1994, c. 28.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.