Evening star., 1943-08-27
Penalty Is Proposed
For Cities Defeated in
Annexation Actions
Salem Man Would Bor
Renewed Attempt to
Expand for l0Yeurs4 i
BY the Associated Press.

oy tue associated PresS. n f9EtE
RICHMOND, Aug. 27.--A pro-
posal that cities. losing annexation
cases be penalized through an ex-
tension of time before such suits
may be renewed was presented at e
public hearing yesterday as county
and city representatives offered op-
posing views on annexation law
changes to an advisory legislative
committee.
Furman Whitescarver, Salem,
member of the Annexation Com
mittee of the Virginia League of
Counties, said he believed the
statute of limitations in cases where
the municipalities are not awarded
the entire areas embraced in their
ordinances should be increased from
three years as at present to 10 years.
ut is my thought" he said, that
the cities should suffer some penalty
for losing all or any portion, of their
cases, to the end that they would
not seek unreasonable areas, nor too
frequently disrupt governmental
functions and engender bitterness
between peoples of the cities and
counties"
Newport News Case Cited.
j. c. Biggins, city manager, and
w. V. Ford, city attorney, of New
port News, contended that their
city was prevented from expanding
by the Massenburg bill designed to
protect Elizabeth City County from
being reduced in area to the point
where the county would not be able
to function properly ..-.
The alternative for the small
counties so threatened, Mr.. Ford
said, was law providing for their
consolidation
Martin E. Greene, business man.
ager of the Alexandria Chamber OF
Commerce, and W. E. Moore, CITY
attorney of Waynesboro, said they
were satisfied with the present law
Mr., Greene, stating that Alexandria
authorities believed their city's pres
ent population, estimated at $4,000
would continue to increase, said he
would hate to see any restrictions
placed on any city" in the matter
of expanding through annexation.
Fears for Alexandria.
II there are any such restric-
tlons,' he added, I'VE are done for
and we'll De finished city"
H. c. Thompson, commemorative S
attorney Of Elizabeth City County
and a representative of the League
of Counties, said he knew of no
other State in which "a government
may be forced upon a people against
their will" and that under "ordi-
nary annexation law in Virginia the
city is empowered to enforce its gov
ernment on people"
Since 1904, when the basic annexa-
ton laws were promulgated, there
has developed class of property
owners taking residence through
choice outside of a city. These peo-
pie, he said, should have the op-
portunity Jf expressing their desire.
The committee of the Virginia
Advisory Legislative Council as
signed to make the study of annex
alton laws will resume its work at
a two-day executive session here
September l0-11. The committee is
headed by Delegate Edward l..
Breeden, jr, of Norfolk, who pre-
sided yesterday.
In addition to the suggested pro-
longing of the statute of limitation
beyond the three-year period, the
League of Counties proposed:
That the citizens of an area pro-
posed for annexation be granted the
right to vote on the proposal before
annexation can become effective,
and
5 That the city may not increase
the tax rate nor the assessed valu-
ations within the annexed area for
a period of five years after the
annexation decree becomes effective.