Evening star., 1952-01-17
Donovan 10 Ask
Bill Clarity
Fairfax zoniinq
Change Would Permi,
Amendments to Law
Without Referendum
By Alex R. Preston
Sfar Staff Correspondent

County's coming ordinance coul
be amended by the Board {
Supervisors without a referendum
vote of the people. under terms G
legislation now being drafted fo
General Assembly action.
The plan is incorporated in
bill being drawn by Senator job,
A. K. Donovan of Fairfax. TIL
measure had been delayed pend
ing a ruling from Attorney Gen
eral Lindsay Almond. jr., on it
constitutional aspects, and tn
attorney general has ruled tina
Senator Donovan's plan is valid.
AS the law is interpreted il
Fairfax now, every rezoning re
quest has to be submitted to
referendum vote. The Fairfa.
supervisors have decided to refus
all rezoning applications unit
legislation is adopted eliminatin,
the referendum requirement.
Fairfax County voters last No
vember approved a changeover t,
a county executive form of gov
ernment which took effect Jan
uary. l.
Albemarle County, however, l1as
been operating under the sam,
system for several years, and II
1850 State Senator E. O. McCue
jr.., obtained approval of al
amendment to the act requirins
a referendum on coming Law
changes.
Bound Fairfax Also.
Consequently, when Fairfax
adopted the plan it was boune
by the same restriction.
The State constitution pro-
hibits certain types of local legis-
1ation so, to get around this, some
counties obtain laws which are
local in application but phrase6
so that they apply to all coun-
ties.
Senator Donovan's proposal
gives the supervisors authority te
amend the zoning ordinance BY
exempting from the McCue pro-
vision any county which hao
adopted a zohing ordinance prior
to 1850, whether or not it was
operating under a county execu-
tive plan. Albemarle had not
adopted such an ordinance but
Fairfax had. ...
The Attorney General ruled
that this language would stand q
constitutional test.
Meanwhile, Delegate J. Mayn-
ard Magruder of Arlington said his
county delegation will introduce a
resolution calling on Congress to
compensate localities for tax reve-
nues lost when the Federal gov
ernment acquires land.
Loses Quarter Million.
He estimated that Arlington
loses about a quarter of a million
dollars annually in tax revenues
from Federal installations there
Some includes such idle lands
as the Nevius tract on Lee boule.
ward which the Veterans Admins
tration acquired but never used
for q hospital site several years
ago.
Mr.. Magruder said the problem
was the same as that in the Dis
trict of Columbia, where efforts
have been made for many years
to have Congress make an equit-
able appropriation to compensate
for extensive Federal property
holdings.
Mr.. Magruder disclosed his
plans after Delegate Paul Crockett
of York introduced resolution
yesterday asking the Government
to end its land-acquiSition pro-
gram in Virginia.
The resolution was aimed spe-
cifically at the Army's plan to
acquire about $4,000 acres In
James C~y County for expansion
Of Fort Eustis.
United States Senator's Byrd and
Robertson, Virginia Democrats
announced earlier this week they
would protest this project to Army
Secretary Pace. Senator Robert
son said Senator Byrd would op-
pose the plan before the Armed
Services COMMITTEES.
The Crockett resolution here ex-
presses opposition to further Fed
eral encroachments unless such
taking is absolutely necessary in
the furtherance of the proper
functions of the United States
Government"
Causes Huge Tax Loss.
It said the Government has
acquired more than 2 billion
acres In Virginia representing a
10 per cent loss to localities In
tax revenue sources.
Unless some check is imposed
the measure states. Virginia may
become totally dependent upon
the central Government.
But the Norfolk delegation OBJ
jected to immediate consideration
Of the resolution on the grounds
there may be some advantages to
Federal expansion. The House
then referred it to q committee.
Gov. Battle said at a press con-
ference that he would like to see
the localities compensated for
revenue lost through expansion
Of the Federal Government.
Bills introduced in both Senate
and House yesterday embody O
study commissions recommends
tions to revise the States an
nexation laws to give annexation
courts powers to enforce their
DEGREES for five years.
Requirement Raised.
The bills. introduced by Sena-
tor Robert Y. Button Of Culpepel
and Delegate Henry Gordon oi
Charlottesville were accompanied
by resolutions to amend the con.
stitution to raise the population
requirements for formation Of new