Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-02-21
HITS BILL TO SELL
LAND ON POTOMAC
Davis Does Not Object to
Ceding Battery Cove to
State of Virginia.

-Cretary Davis has informed the
iSouse committee on military affairs
Rat the War Department. has no oh
lection to the ceSSiun OF sovereignty
10 the State Of Virginia Of the re
claimed area at Battery Cove, Alex
andria. but does not approve the sale
or the area TO the Virginia Shipbuild-
Ing Corporation for $4,000, as APP
praised in 1917. Provision for, the ces-
sion and sale are made in a bill now
under consideration by the commit
tee.
The land in question covers 4G.o7
acres. about one acre Of which lies
within the District of Columbia under
the original boundary charter eStab-
fishing the Maryland boundary of the
Potomac River n tn" high water
mark on the Virginia s'srrc. Like
Potomac Park and CO umbi.. Island.
The Battery Cove area was made By
the deposit of material dredged from
the channels OF the Potomac River by
United States Engineers several years
ago in execution OF acts of Congress
providing for the Improvement OF the
navigation of the stream.
Title Is Established.
Following considerable litigation,
Secretary Davis explained III his let
ter to the liouS" committee. the title
and right OF possession of the entire
reclaimed area at Battery Cove by the
United States Government have been
clearly established by law
The United States by virtue of its
ownership of the bed of the river.
said the Secretary OF War, had the
undoubted right to fill In the sub
merged soil to hiGh-water mark on
the Virginia shore and to hold ana
exercise absolute property in the
filled-ln area. That has been definitely
settled by judicial decision, but 1t
does not seem to be equally we'll
established that the United States can
arbitrarily change the boundary line
and deprive the State Of Virginia Of
the right to have its boundary run
With the high-water line of the river.
BY filling In Battery Cove. d part OF
the river has been otliterated and
converted into fast land attached 10
the Virginia shore. by the United
States the sovereignty having the
legal capacity to do SO. The effect
Of the filling Is TO withdraw that area
from rhe river, extend the original
shore line outward for a distance of
500 feet or more and establish a new
high water line along a front of 1900
feet. While venturing no opinion as
to the purely legal consequence of
this action. it is suggested for con-
SiderattOn that as Il matter Of comfy
the territorial boundary Of Virginia
ought to be allowed to follow this new
high water line.
Sees No Objection.
Il see no objection, therefore. to
appropriate legislation by Congress
ceding the reclaimed area to the terri
tory Of Virginia. Such cession would
not affect Federal ownership of the
land or Federal sovereignty over the
Potomac River
The bill in question authorizes the
sale of the land to its present tenant,
the Virginia Shipbuilding Co., for $780,
900, an option price fixed in the rent
agreement of December I. 1917. The
secretary said that such was consid-
cred a fair value of the property at
the date given, but due to extensive
Improvements made since then the
value of the property has been greatly
enhanced and at present is estimated
at s372,56o.
I'm my opinion" says Secretary
Davis. $4,000 does not adequately
represent the value of the land, and
as the essential object of the bill Is
to authorize its sale at that price. I
do not recommend favorable consider.
alton Of the measure by Congress"