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July 9, 1974
<br />
<br /> 74-256 - The following ordinance, approved on first reading at last meeting,
<br />taken up and read:
<br />
<br />"AN ORDINANCE TO APPROPRIATE $31,457.02 FROM THE REVENUE SHARING TRUST FUND
<br />TO THE GENERAL FUND IN THE CATEGORY OF FINANCIAL ADMINISTRATION."
<br />
<br />was
<br />
<br /> On motion of Mr.
<br />by the following vote:
<br />
<br /> Wentz and seconded by Mr. Barnes, the ordinance was adopted,
<br />
<br />Ayes: Barnes, Early, Elliott, Oast, Wentz, Davis
<br />Nays: Holley
<br />
<br />and
<br />
<br /> 74-257 The following ordinance, approved on first reading at last meeting, was
<br />taken up and read:
<br />
<br />"AN ORDINANCE TO APPROPRIATE $31,457.02 FROM THE GENERAL FUND FOR THE PAYMENT
<br />FOR AUDITS CONDUCTED ON REVENUE SHARING ENTITLEMENT III AND IV."
<br />
<br /> On motion of Mr. Wentz and seconded by Mr. Barnes, the ordinance was adopted, and by
<br />the following vote:
<br />
<br />Ayes: Barnes, Early, Elliott, Oast, l~entz, Davis
<br />Nays: Holley
<br />
<br /> 74-258 The following ordinance, approved on first reading at last meeting,
<br />taken up and read:
<br />
<br /> "AN ORDINANCE TO AMEND THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1973,
<br /> BY AMENDING SECTIONS 9-85 AND 9-86 THEREOF SO AS TO CF_~NGE THE VOTING
<br /> PLACES FOR PRECINCTS NOS. 21 AND 22.-
<br />
<br />was
<br />
<br /> On motion of Mr. Wentz and seconded by Mr. Barnes, the ordinance was adopted, and
<br />by the following vote:
<br />
<br />Ayes: Barnes, Early, Elliott, Holley, Oast, Wentz, Davis
<br />Nays: N~ne
<br />
<br /> 74-259 - The following ordinance, approved on first reading at last meeting, was
<br />taken up and read:
<br />
<br />'TAN'~ORDINANCE CLOSING A PORTION OF MILITARY ROAD NORTH OF VICTORY BOULEVARD."
<br />
<br /> On mo.tion of Mr. Wentz and seconded by Mr. Early, the ordinance was adopted, and
<br />by the following vote:
<br />
<br />Ayes: Barnes, Early, Elliott, Holley, Oast, Wentz, Davis
<br />Nays: None
<br />
<br /> 74-264
<br />Hagemeister:
<br />
<br />The following report was submitted by the Acting City Attorney D. R.
<br />
<br />'Re: Sgatus of Confederate Monument ~and
<br />
<br /> At the Council meeting of June 25, 1974, you.referred to me the question of the
<br />ownership of the parcel of land within the right of way of Court Street upon which the
<br />Confederate Monument is constructed. In accordance with your instructions, I have caused
<br />an exhaustive search of the public records to be made in order to ascertain the status
<br />of this land. I have not discovered any deed or other form of conveyance of dedication
<br />of this property made by the Ci.ty to any other party. The public records contain no
<br />evidence whatever that the City of Portsmouth has ever conveyed away this land.
<br />
<br /> An additional question propounded by the motion which Council adopted concerned the
<br />possibility that title cou,ld'have been obtained ~hrough adverse possessmon., Initially,
<br />it seems unlikely that the-requirements for adverse possession are present in this case.
<br />Adverse possession must be actual, exclusive, hostile, open, and notorious, accompanied
<br />by a bbna fide claim of right against all others and continuous for the statutory period.
<br />In this situation, it does not appear that the possession has been actual, exclusive, hosl
<br />or accompanied by a claim of right.
<br />
<br /> Even if the requisite conditions for adverse possession were present, provisions
<br />the Portsmouth City Charter would prohibit title from being acquired in this manner.
<br />The following statement is taken from Section 23 of the 1873 Charter of the City of
<br />Portsmouth:
<br />
<br />in
<br />
<br />'No encroachment upmn any street, however loB~: continued, shall constitute
<br />an adverse possession to, or confer any rights upon the person claiming
<br />thereunder as against any ~city.'
<br />
<br /> This provision has been in every city Charter from 1873 until the adoption of the
<br />present Charter in 1970. Therefore, during that period of time, title could not have beer
<br />obtained by adverse possession. For many years prior to 1970 and continuing until the
<br />presen~ l~me, the Portsmouth City Charter has contained explicit procedures governing
<br />disposition of City property. Moreover, the Virginia State Code contains provisions whicl
<br />govern the closing of streets. In my opinion, the property disposition requirements of
<br />the Charter and the street closure requirements of the State Code would preclude any part~
<br />from obtaining title to a portiontol a street through adverse possession after 1970.
<br />
<br />_te
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