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R. C. P.
<br />
<br />203
<br />
<br />October 22, 1917
<br />
<br />petty and would req-,~ire a very short line of w~li or hedging and~ while in full view of the sur-
<br />rounding lands, it is separated from the most of them by water, and still more convenient to
<br />the car line than any of the tracts offered in that loc~lity,
<br />
<br /> "Your committee, therefore, reco~.~ehds its purchase by the City if it cau be acquired at
<br />a figure which the Council thinks remsonable. Er. Bilisoly asks $500. per acre for same.
<br />
<br />"Very respectfully submitted,
<br />
<br />"M. P. Claud, Chairman.
<br />
<br />"W. H. Culpepper, Vice-Chairm~n,
<br />
<br /> ~P~blic ~slfare Dep~rt~ent."
<br />
<br /> The following opmn_on was read from the City Attorney "as to the legal right of the City
<br />to purchase the piece o£ ground west of ~nd adjolning Oak Grove Cemetery, for ~dditional ceme-
<br />tery grounds:"
<br /> "Portsmouth, Va., Oct. 22, 191?.
<br /> "To the Hon. City CO~ncil,
<br />
<br /> "Portsmouth, Va.
<br />
<br /> "Gentlemen:--
<br /> Rep2ying to your instr~ction, received by me through Mr. L. P. Slater,
<br /> City Clerk, to give my written opinion, 'ms to the legal right o£ the City to purchase the
<br /> piece of ground west of and adjoining Oak Grove Cemetery, ~or ~dditi,,n~l cemetery grouo~s,'
<br /> I beg to say, that, section i~1~ o£ the Code of Virgini~, (Vol. I, pa~e Y~9), ~s amended hy
<br /> an act in force June 15, 1910 (Vol. 3, p~ge 203), provides:
<br />
<br /> "Section I~1~- Location of Cemeteries, limitations ~s to quantity of land.
<br />
<br /> "No Cemetery shall be hereafter established within the corporate limits of any city or
<br /> town, or within one hundred ymrds o~ a~y residence, without the consent of the owner of such
<br /> residence,' &c. &c. 'And nothing contained in the four proceeding sections sh~ll be construed
<br /> so as to muthorize the conveyance o~ more th~n three hundred or the condemnation of more tha~
<br /> two acres of land for the use of a cemetery, but when d ~am~gs is done to adjacen~ lands by the
<br /> establishment by p~r~n&ee of land or eondemr~tion proceedir~s, the ore,ers who~e lands have been
<br /> ~am~ged shall h~ve the righter action against any person, Zirm, or corporation or municipal-
<br />.ity establishing said cemetery, ~mch action to be instituted within one year from the estab-
<br /> lishment of such cemetery.'
<br />
<br /> "This section, therefore, prohibits the establishment of cemeteries in cities or within
<br /> one hundred yards of &ny~esidence, without the consent of the owner.
<br />
<br /> "As the property in question is both within the limits of the city and within one hu.ndred
<br />yards of a residence, it is my opimion that the same c~n not be legally purchased for addition-
<br />a~l cemetery grounds.
<br />
<br /> "While the statute uses only the word 'estmblish,' 'no cem&tery shall be hereafter es-
<br />tablished,' yet it is also my opinion that the enlargement of cemeteries is the establishing
<br />of a cemetery on the ~ddition~l land acquired.
<br />
<br /> "This opinion is not in conflict with the opinion which we rendered to your honorable
<br />body about one year ~go in reference to a purchase then made by the City from Dr. J. A. Guth-
<br />tie; the facts differ ~mterially.
<br />
<br /> "In the former case, as we now understand, the ls~ud purchased was a cemetery and had been
<br />long used as such; we purchased the same, straightening our lines, and enclosed it within our
<br />walls; b~ that purchase no house or residence was invaded.
<br />
<br />"Resp ect~uily submitted,
<br />
<br />"Jno. W. H~pper, City Attorney."
<br />
<br /> The following communication was read from the City N~nager ss
<br />cemetery purposes:
<br />
<br /> to the sites offered for
<br />"October 22, 1917.
<br />
<br /> "Honorable City Council,
<br /> "Portsmouth,
<br /> "Vir gi nia.
<br />~ Gent lems~: --
<br /> In pursuance with the resolution in regard to including additional proper-
<br /> ty submitted for cemetery sites, and also requesting my recommendation, I'respectfuliy submit
<br /> my report in full of nine iifferent pieces of property as indicated on a map hereto attached.
<br /> ·here are four pieces of property worthy of consideration.
<br />
<br /> "ist, The Armistead tract, second the Parker tract, third tn~ Eaynard tract, and fourth
<br />the Be~ton tract.
<br />
<br />"The Armistead tract seems to be the most desirable.
<br />
<br />"lst. Because of its topographical loc~ion.
<br />
<br />Its easy accessibility e, ud the number of approaches.
<br />
<br />
<br />
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