219
20
4487
-
https://omeka.lib.jmu.edu/erp/files/original/2885d7d23626f4bddf617eed1a2361df.pdf
77905df9fb4f51d938f67b86f5b759e1
PDF Text
Text
ROCKINGHAM COUNi1Y
.._,/
NAME OF CLAIMANT
#345 - Morris,
Number of Acres:
lilliam F.
?
Entirely Hithin the Park area .
Location:
Deep Run .
Roads:
Three miles via dirt road to Port Republic, the nearest shipping
point .
Soil:
Sandy loam of a fair depth and fertility .
timber has been
~he remaining stand consists of
History of Tract and condition of timber: All the merchantable sa
removed from this tract .
small oaks and sone pine .
1
Improvements :
Old log dwelling: 16xl8', vith 10xl4' kitchen, shingle
roof, 1 story , log walls, poor condition, abandoned .
Acreage and value of types:
Types
Value per acre
Acreage
Total Value
Ridge:
Slope:
5
@
$5 . 00
~25 . 00
30 . 00
60 . 00
::};85 . ~o
Cove:
Grazing Land:
Fields Restocking:
Cultivated Land:
2
?
Orchard:
Minerals:
66 . 00
Value of Land:$ 85 . 00
Value of Improvements: $ 6 6 . 00
25.00
Value of Orchard: $ 25 • 00
Value of Minerals: $
Value of Fruit: $
Value of Timber: $
Value of Wood: $25 . 00
Value per acre for tract: $ 28 . 71
Incidental damages arising from the taking of this tract: $ NONE .
25 . 00
"'201.00
�11ct:L:/ ~ ---------------------------------------------_
Claim of
In the Circuit Court of~ ---~ ~---County, Virginia, No. ________ , At Law.
The State Commission on Conser.fation and Development of the State of Virginia, Petitioner, vs. ______________________________________________________________________________ _
---------------------- /10;,4; ----- ,7
: ------------------------------ ------------
more or less, of land in!~ -- ~
~
------County, Virginia, Defendants.
The undersigned, in answer to th~ petition of the State Commission on Conservation and Development of the State of Virginia, and in response to the notice of condemnation awarded
upon the filing o said petitfem and published in accordance with the order of the Circuit
•
I
Court of"C, -- L ~- ~
-- County, Virginia, asks leave of the Court to file this
as h~yan::: :: sa·-L~io;,q;;::no lice. /---------------------------------
My post office address is_-:- _ ~
------------------------ ---------I claim a right, title, estate or mterest in a tract or parcel of land within the area sought
to be condemned, containing about__l__tl._ ___________ acres, on which thero/~ t~f following
buildings and improvement~ ~--0 ' - ~_<f,_L~??(___________ _
-;~~:J;~-;~-1~~~~~-~~~~1~~z£--~~-_-_:;1~~-;~~:~~~~~~~~~~~~~;~.-;~
tha........ :::-:r~~Magisterial District of said County.
I claim the following right, title, estate or interest in the tract or parcel of land described above: (In this space claimant should say whether he is sole owner or joint owner,
and if joint owner give names of the joint owners. If claimant is not sole or joint owner,
he should set out exactly what right, title, estate or interest he has in or to the tract or
parcel of land described above.)
The land o,vners adjacent to the above de scribed tract or parcel of land are as follows:
North _____________________________________________________________________________ _
South __________________________________________________________________ ___________ _
East ______________________________________________________________________________ _
West ______________________________________________________________________________ _
I acquired my right, title, estate or interest to this property about the year __________ in the
following manner:
I claim that the total value of this tract or parcel of land with the improvements thereon is
I claim that the total value of my right, title, estate or interest,
in and to this tract or parc·e1 of land with the improvements thereon is $2.lS°'~------·
I am the owner oL _______________ acres of land adjoining the above described tract or
parcel of land but lying outside the Park are a, which I claim will be damaged by the proposed condemnation of lands within the Park area, to the extent of $------------------·
(In the space below should be set out any additional statements or information as to
this claim which claimant desires to make; and if practicable he should also insert here a
description of the tract or parcel of land by metes and bounds).
$ii£!!_______
Remarks·------------- ------------------------ ------------------------ -------------
------------------------ -------------------- (Continue remarks if necessary ?~.Jhe back).
t
an#~~~~~~~~~~~~~y
of_ ~ itness-=~-:~~a~~r1: 3 my name
ST~
VIRGINIA, COUNTY OF ___________________________ , To-wit.
.
The undersigned hereby certifies that_ _____________ __________________________________ _
the above named claimant personally appeared before him and made oath that the matters
;:i~-~~~~~~::~~~-~::i:f:~~:_:::~~~~~~- ~: A_kn:wle~:~-~ ~-e~~~~
GiePk Qf the-CoUrt, or
pecial Investigator or
NQtmcy FubHc, 01 Jasbiee of the }?g~e.
�C(JUDty:
n1 t:riot:
ookineh
Hto1ow l
orris
1!345
7·
sed
'1- -24
d g. ~4
1~1'1
ol< 2 1/ .,
010
D
tor
"
too tton:
.i..
Pe:
D r, l un.
· nt1 rely w1 thin
h
:" r,• ar
•
tone known
...
no at.1:
ot a t 1 .. uepth
dy loo
n1! tert.111 ty.
lee via dirt ro~d to ort l public •be n res · hi ping po1n.
H:1sto:2::
tl tro
:.s nn
sew
th1
111no .
•
1th 10 •• 1 4
oor ~-ondi
1 . 00
v ..1
1/alu
c eat: n
~
...lo e
J\ X'
5
-.,
·• nlehle
2
'tot l
V
l e
T'Ot"l
V
lu ot 1mp:roven n
0
Total v l
0
Totel valu
ot
AYO
lund
11:ib
t
,a ·' . BOre
ot
r
:. 7.00
10.00
11n.oo
l .0')
t "o •
·oout
o.oo
t t;.itoh n •
~
1uon
•,ht ."l
d.
~.o.oo
l?.00
~7.00
"'10
�0
r r is ,
·n . F .
County :
\oc 1cinc,ll
11
District : 3tone;all
L ..G~:~D
Slope - _'illable
. . . c·Ale - l 11 - ~ c'uins
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Source
A related resource from which the described resource is derived
Meadows, JW - Mundy, Margaret
Identifier
An unambiguous reference to the resource within a given context
morris-william-f.pdf
Title
A name given to the resource
Morris, William F.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Deep Run
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): 345
Format
The file format, physical medium, or dimensions of the resource
PDF
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Morris
-
https://omeka.lib.jmu.edu/erp/files/original/0453231f0a138f77f280d475d98e3333.pdf
133217fceb71599b2ab6a046bba91579
PDF Text
Text
ROCKINGHAM CDUNTY
NAME OF OWNE R
#219 - Morris , Wm .
Number of Acres:
8
Near Sandy Bottom
Location:
Roads:
2 miles o: fair dirt road to Spotsw ood Trail near Swift Run;
thence 4 P iles to Elkton .
Soil:
sandy clay of good depth and fair fertili ty ;
with gentle slopes and southw est exposu re .
modera tely rocky
A small portion of this tract was
History of Tract and condition of timber:
it has reverte d back to forest type .
then
since
ago,
cleared many years
Wooded area has been cut over-re peatedl y in the past . The presen t stand
to cut an avconsis ts of mixed oaks and yellow pine . It is estima ted
cords .
70
of
total
a
or
,
acre
per
od
fuelv10
of
cords
10
erage of
Improvements:
None .
Acreage and value of types :
Types
Value per acre
Acreage
Total Value
Ridge:
Slope:
7
@
$4 . 00
$28 . 00
1
@
25 . 00
25 . 00
$53 . 00
Cove:
Grazing Land:
Fields Restocking:
Cultivated Land:
Orchard:
Minerals:
Value of Land: $ 53 . 00
Value of Improvements: $
215 . 00
215 . 00
Value of Orchard: $
Value of Minerals: $
Value of Fruit: $
Value of Timber: $
25 . 00
~p303 . 00
Value of Wood: $ 25 . 00
Value per acre for tract: $
rl:>
37 .87
Incidental damages arising from the taking of this tract: $ NONE
-~ - /{p o_ ..
CLERK
2.
�county: :,ocltingham
'Oiat:riot; .'tone all
A.orea,-;e .q,l; 1140<1:
,. J7o.oo
Value p1a,i,r.J!l4:
ffoar sandy Bott om.
1929 or li30 .)
•.::endy ola.y of good de ,1tll mi·
w1 th gontla slopes rmd
hoa<ls:
L1
sto:r
. "(Said to have pnt d
BJ .. 00 per · ore t
ta:r thta 1and 1n
t1l1:r fertt11ty ; rn.ode:rotely rocky
nout t:rwoat O.Xi)osuro.
ot t'air dt:c:·t road to Spots oot.l
·
thence f.J u· "!l.1 lc~ t j ~lkton .
't o miler,;
rail near SW1!'t fo.an. ;
of traot iant\ cond tticm ot t1rob$r-:
.~ am.all portion of this tract w-as
many year@ ucoi alnca the~ tt hn" ravo:rteu baok to forest
typo . :ooaed area b s oeo i cut over rapeatedly 1n the pa~t .
,.he pree~nt 'tl:lnd consists of mixed ouks and yellou p1 "le . lt is
eat.ithted to trit 8'"1 e vereco of 10 co:-t1s of' !" olwood pe:r 1:;ore
50¢ per c.:>rd ..... _ ~iti . 00
nr a tott..l or ? 1 cord.a va.l uod
irotal
Vnlue
"aI. oo
10. 00
• :J:!1, o'o "
rotal v 1 luo or 10.n,
"'51 . 00
Total va l 1Je or t1mbel"
66 . 00
, ve1" @e vn lue per a.ere
a . 20
�-
......
_,..
Q!nmmnuwealtl1 nf ]lirgiuta
TREASURER'S OFFICE
RICHMOND, VA.
January 18, 1 9 34
JOHN M. PURCELL
TREASURER OF VIRGINIA
This is to certify that I, J.M. Purcell, Treasurer
of Virg inia have t hi s
18 day of January
with an order of the circuit court of
date d_l/15/34
in accordance
Ro ckingham County
in the cause of the State Commission
on Conservation and. Development of the State of Virginia
vs .
Cassandra Lawson
Atkins
-- - - - -- - -- - - - -
:paid. to M. H. Harrison County Treasurer of Rockingham County
Harrisonburg, Virg inia
$ .55
being in f ull settlement of tract #219
in the above mentioned. cause.
)
/
r of Virginia.
�Qtommnuwraltl1 of ]Iirgiuta
TREASURER'S OFFICE
RICHMOND, VA.
January 18, 1 934
JOHN M. PURCELL
TREASURER OF VIRGINIA
M. H. Harrison , County Treasurer of Rocki ngham County
Harrisonburg , Virgin ia
Received of J.M. Purcell, Treasurer of
Virginia, the sum of $~-~5~5~---, in accordance
with an order of the Circuit Court of the county
of _ _~R
=o~c~k=i=n~g=h=am=--- entered on the
of January
15th day
193L, in the matter of the State
Commission on Conservation and Development v _ __
___C~a~s_s=a=n=d-r~a~L
=a~w-s~o=n~ A=t=k~ i =n~s~ __ and others , being
full and complete settlement for the tract of land
known in said proceeding as # - 2~ 1 ~9_ __
Sign original and duplicate
and return to the Trea s urer
of Virg i nia.
�o.tnmmnuwtalt11 nf lllirgiuta
TREASURER 'S OFFICE
RICHMOND, VA .
JOHN M. PURCELL
January 18 , 1934
TREASURER OF VIRGINIA
Willi am Morris
Swift Run , Virginia
Received of J.M. Purcell, Treasurer of
Virginia, the sum of$ 302 . 45
, in accordanc e
with an order of the Circuit Court of the county
of Roc k ingham
of January
entered on the
15th
day
193!_, in the matter of the State
Commissio n on Conservat i on and Deve lopment v _ __
_ ___.C~a~s.. . . ,_s=a~n~d~r~a._J~,a~w-~s~o~n.,_,.A~t~k~1.·n~s-- - and others, being
full and complete settlemen t for the tract of land
known in said proceedin g a s #--2_1_9~- -
Si gn or igin a l a nd dup li ca te
and r e turn t o t h e Tr eas u re r
of Virg i n ia.
�(ltnmmnuttttttlt4 nf lllirgiuttt
TREASURER'S OFFICE
RICHMOND, VA.
January 18, 1934
JOHN M. PURCELL
TREASURER OF VIRGINIA
•
This is to certify that I, J. M. Purcell, Treasurer
of Virg inia have this 18 clay of January in accord.ance
with an ord.er of the circuit court of Rockingham County
d.a t e d 1/15/34
in the cause of the State Commission
on Conservation and. Development of the State of Virginia
Cassandra Lawson Atkins
--------------paid to __William Morris, Swift Run, Virginia
vs.
$ 302.45
b e ing i n full settlement of tract #-2J.9
in the above mentioned cause.
/
LL-
Treasurer of Virginia.
�IN THE C IBCUIT COURT OF ROCKINGHAM COUNTY, VIRGINIA.
The State Commission on Conservation and
Development of' the State of Virginia
v.
Petitioner
#1829
Cassandra Lawson Atkins, et als,, etc .
Defendants
/""'"
On this, the / ~
day of' January , 1934, came, William
Morris and on his motion leave is given him to file his application
for the payment to him of" the sum of $303 . 00,. the am:.ount of the award
set out in the award of' condemnation for Tract No . 219, heretofcre
paid into Court .
And it a p_rearing from the report of the Board of Appraisal..
Commissioners heretofore :filed in this cause, and in the petition
for judgment and condemnation entered herein on the _
day of
November, 1933, that in the opinion of petitioner, t ,he said William
Mon-is is inwested with a superior or better right or claim of title
in and to the said Tract of land No . 219, arul thgt the record of
this cause does not disclose any denial or dispute by any party or
person in interest as to the title to the said Tract No. 219, or
to the pro·ceeds a.rising from the condemnation thereof,. and that the
said. William Morris is entitled to receive the proceeds arisirg from
the condemnation o~ said Tract No . 219, and it further appearit\g to
the Court that all taxes due or taxable upon said Tract No. 219
have been paid:a, except taxes, f'or the: year 1933, amounting to t .he
sum of' $:. 55:
Upon consid.e ration whereof',it is considered and ordered by
the Court that the said sum of j303.00 paid into Court by petitioner
as just compensation far Traet No. 21.9 be paid as follows:
To M. H.
Harrison, County Treasurer of' Rockingham County, the sum at:' $. 55,
tax.es: for the year 1933,; and that the balance of said award, towi t,, the
s·um
of' $302.45, he paid unto the sa:id: Vfilliam Morris; and
the Clerk of' this Court is directed to transmit a certif':ls d oopy of
this order to the Treasurer of Virginia, who shaJLl disburse said
award off' $303 . 00 as abo,ve set out, said sum being the amount, of' the
award set out in the judgment of' condenmtion for Tract No. 219, tak-
I
�ing f'rom. the said M. H. Harris on, County Treas urer, and William
Morris receip t there for and certif ying such payme nt to the Clerk
of this Court f'or appro priate \en try thereo f as requir ed by law.
s7
�____
_""
STATE OF VIRGINIA ,
COUNTY OF ROCKINGHAM, to-wit:
I, J. Robert Swi t zer, Clerk of the Circuit Court of
Rockingh am County do hereby certify that the records in my office do not show any delinque nt taxes agaimt the tract of 5 acres
in Stonewa ll D:ls.,tric t, assessed in the name of William Morris.
Given under my hand this 10th day of January , 1934.
Cler
!SY
�M.
H. HARRISON
TREASURER OF ROCKINGHAM COUNTY
HARRISONBURG, VIRGINIA
To Whom It l·ay Concern :
I hereby certify that the records of
my office show that William !\.orris has -oaid the taxes for
the year 1932 on his tract of 5- 0 - 0 acres or land situate
in the Blue Ridae 1ountains in stonewall District,
Rockingham County, and that the taxes for the year 1933
on said tract of land amounting to$ . 55 is unpaid .
~11 taxes prior to that time, if any
be unpaid, are a matter of record in the Clerk 's Office
of said County .
January 1934 .
1iven under my hand this 5th day of
�NOTE-This need not be filed until the record discloses that the awards have been paid into the custody of
the Courts.
Virginia : In the Circuit Court of Rockingham County
The State Commission on Conservation and Development of the State of Virginia .. PETITIONER.
V. At Law No. 1829
Cassandra Lawson Atkins and others, and Fifty-Two Thousand, Five Hundred and
DEFENDANTS.
Sixty-One (52,561) Acres of land, more or less . . . . . . . . . . .
Comes now the undersigned and shows to the Court:
That a judgment in rem has heretofore been entered in this proceeding condemning to the use of the
Petitioner the fee simple es~ate in the tract(s) of land numbered as follows: Tract No.
2-/--Jl-----:
Tract No. - ~ - - - - - : Tract No. ____________ ;
and described in the report of the Board of Appraisal Commissioners appointed herein and shown, numbered, and delineated on the County Ownership Map filed therewith, upon payment into the custody of
the Court of the sum(s) set out in the said judgment as constituting the award(s) therefor, as follows:
Award on Tract No.
'2::.L..f'_ ___ $_1_~_.f_~on Tract No.
____________ $----------; on Tract No.
------------ $----------;
That the report of the said Board sets forth that the following named persons claim, or appear to
have a claim to an interest in the said tract(s) of land or in the proceeds arising from the condemnation
thereof;
That the Petitioner has paid into the custody of the Court the said sum(s) set out in said judgment
as constituting the award(s) for the fee simple estate in the said tract(s) of land;
That your undersigned, on the date of the said judgment in rem condemning the said tract(s) of
land, owned or was (were) entitled to the following interest in the said tract(s) or in the proceeds
arising from the condemnation thereof:-
That no other person or persons than the undersigned are entitled to share in the distribution of the
said award(s) except the following named persons whose interest in said tract(s) or in the proceeds
arising from the condemnation thereof on the date of entry of said judgment was as follows:
Wherefore, your undersigned pray(s) that [he (they) be made a party (parties) herein under the
provisions of Section 21 of the Public Park Condemnation Act, and that] an order be entered for the
distribution of said sum(s) set forth in said judgment in rem as constituting the award(s) for the fee
simple estate in the said tract(s) condemned as aforesaid, and for the payment to the undersigned of the
said award(s) or of as much thereof as the Court may find that the undersigned is (are) entitled to
No._::?::..;(_£ ____
$_:ff?..i.~ Tract
receive, and which the undersigned aver(s) is as follows: Tract
No. ____ ____ ____ $ __ __ _____ _ : Tract No. ______ _____ _ $ __________ ;
The undersigned further aver(s) that: (Leave this space blank unless there is some other pertinent matter to be brought specially to the attention of the court)
NAME
/ L Y ~ - ~ - -----
P.O.ADDRESS
---~~- £~-~------
State of Virginia, County of Rockingham to-wit:
-------"ThTSda:y- persona""Ily- appeared ~efore me - William Morris -and made
oath _t.ha..t __t.~_.s.tatemen.t.s.-.con-ta..i-n-ed- in the--abo-ve--pe--ti-ti-on--su-rar --as-made
of
~~h;~~~~:et~~ ~:~:1-i~-~~-!!. .~l';-~!'~~--~d s~_f_~~-~~-P.!~9'.~ __\!p_Qn__int.orruntio.n
em ~o ue true . Given under m.-.,-~ this 8th day of
ves
- -- ---------;Not-ar y Public.
Janua.r_y_, __ig_3 .4...________________________ ___ __ _
r the convenience of interested
NOTE- A supply of this blank form has been place
parties. No one is required to use this form, as the form is not pr ribed by law, and claimants can
either change or modify it as they deem necessary, or present thei motions in any form they may desire which meets with the apJ?roval of the Court. This blank form may not ana probably will not cover
all cases. It, has been printed merely as a suggestion of a form of a motion which may be used, subject
to the approval of the court in each case.
�IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY , VIRGINIA
THE STATE COMM I SS ION ON CONSERVATION AND DEVELOPMENT OF THE STATE
OF VIRGINIA
vs .
DASSANDRA L.AWSON ATKI :'1S ET ALS , and 52 , 561 Acres of Land , MOHE OR
LESS IN ROCKINGHAM COUNTY , VIRGINIA
This day came the parties by Counsel , and upon motion
of William Morris by Hammer and Hammer , his Attorney s , it is ordered that John Robert Switzer , Clerk of this Coart , into whose hands
there was paid under the order of this Court entered on February
1934 , by the State Commiss ion on Conserv ation and Developm ent of
the State of Virginia , the sum of $150 . 00 on account of the improv~ -
4- ~ ~ d..v ~ ~..1,t;~,;ftj)t#--L-d, _;t;;. ~ I , . ¥ - # ~ - / ; . : . , ~
ments added upon Tract No . 219 belongin g to William Morri~Ain sati -~
faction of said award , which sum , when so paid , shall be in full o
the judgmen t and allowanc e for the improvem ents on Tract No . 219
/
1
l
.
made aft er the said appraisa l report , taking a receipt for the sai~
.
amount, and certifyi ng such payment to this
Court making appropr ia 1-1..
entry as required by law .
't 1/l\ t\
vy1\ v-\
\
HAMMER a. HAMMER
ATT ORNEYS AT L AW
HARRISONBUR G , VA .
J
�.. -
�.
IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY, VIRGINIA
STATE COMMISSION ON CONSERVATION AND DEVELOPME NT OF THE STATE OF
VIRGINIA
vs .
CASSANDRA LAWSON ATKI NS ET ALS , and 52 , 561 Acres of Land MORE OR
LESS IN ROCKINGHAM COUNTY , VIRGINIA
The Petition of William Morris respect fully represen ts
That he is the owner in fee simple of tract No . 219 as
shown and delineat ed upon the map of the Park Lands in Rockingh am
County; and that there has been , under an order of the Court enter
ed on February 28 , 1934 , an allowanc e of $150 . 00 addition al for th
improvem ents on tract No . 219 made on said land since the Commiss ioners viewed the property , which sum by order of the Court was
directed paid and has been paid into the hands of John Robert Swit er, Clerk of the Circuit Court of Rockingh am County, to be disburs d .
That your Petition er is entitled to said fund and desires.th e entry of an order, directin g the said Switzer to pay the
said sum unto your Petition er .
Wherefo re, your Petition er prays that an order be ent red directin g the said John Robert Switzer , Clerk,to pay unto your I
Petition er , or to his Attorney s Hammer and Hammer, the said !jjil50 . 0 ,
and he will ever pray &c .
BY COU \TSEL
C01DJSEL
HAMMER
&
HAMMER
ATTORNEYS AT LAW
HARRISONBUR G , VA .
�·~ r Q
~ i-t )_
{,
t1
""
"(;)
\
--
-
V
�IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY, VIRGINIA.
STATE COMMISSION ON CONSERVATION AND DEVELOPMENT
OF THE STATE OF VIRGINIA
Petitioner
v.
CASSANDRA LAWSON ATKINS, ET ALS, etc.
Defendant
Received of J. Robert Switzer, Clerk of the Circuit
Court of Rockingham County, Virginia, the sum of One Hundred
Fifty Dollars,. ($150.00), being in full for the amount paid
into the hands of said Clerk for improvements on Tract No. 219,
-
belonging to William Morris, in the above styled case.
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Source
A related resource from which the described resource is derived
Meadows, JW - Mundy, Margaret
Identifier
An unambiguous reference to the resource within a given context
morris-wm.pdf
Title
A name given to the resource
Morris, Wm.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Near Sandy Bottom
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): 219
Format
The file format, physical medium, or dimensions of the resource
PDF
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Morris
-
https://omeka.lib.jmu.edu/erp/files/original/cb1e19986beb33907f6b8368e3130d9e.pdf
7febad26d31a224b751062995babea0c
PDF Text
Text
ROCKINGHAM COUNTY
\
NAME OF CLAIMANT
#166 - Moubray, A. L. & J . P.
Number of Acres: 101
Location:
On Gap Run, and entirely within the Park area .
Roads:
Two and one- half miles of good dirt road to Yancey , the nearest
shippi ng point .
Rocky sandy loam of poor fertility . A narrow strip along tge
creek is level and has moderate slopes .
There is much small
loose rock and some outcrops .
The cleared land has been worn
out and neglected .
History of Tract and condition of timber: ']he tract has be en cut over repeatedly
for farm use and other purposes .
The bark was removed in
1930 .
There has been no fire recently and there is a thin
stand of hardwood and yellow and white pine up to 6" DBH with
occasional larger trees . On the south end there is an open
stand of white and yellow pine up to 16" DBH which is of fair
quality . The estimate is 4 M. saw timber and 50 cords of f uel~ wood .
Improvements: Old house: Frame, dilapidated .
Incomplete stable;
Log 15x26xl2', poor condition , no roof .
Old shed :
Acreage and va:IUe of types :
Soil:
Types
Acreage
Value per acre
Total Value
Ridge:
Slope:
91
3 . 00
$273.00
Cove:
5
5 . 00
25 . 00
5
25 . 00
125 ~00
Grazing Land:
Fields Restocking:
Cultivated Land:
101
Orchard:
Minerals:
Value of. Land: $ 423 . 00
Value of Improvements: $50 . 00
50 . 00
Value of Orchard: $
Value of Minerals: $
50 . 00
ij>523 . 00
Value of Fruit: $
Value of Timber: $
ValueofWood: $50 . 00
Value per acre for tract: $ 5 • 17
Incidental damages arising from the taking of this tract: $ NONE .
~,
~'
CLERK. (,2
�REPORT ON THE ACREAGE
of the
A. L. & J . F . MOUBRAY TRACT #166
The lines of this tract were taken from a map of
the Yost tract and exceptions .
This map was made as
the result of a court survey by J . G. Myers, County
Surveyor .
My computation of the acreage , from Mr . Myers ' map,
gives lOl- Acres .
W. N. Sloan,
Chief Engineer, Park Service
�Y;j:2 __
Claim o L a . _ ___
In the Circuit Court of-l~ - _ ~---County, irginia, No. ________ , At Law.
The State Commission on Conservahon and Development of the State of Virginia, Petitioner, vs. _____________________________________________________________________________ _
---------------------------~
,-- ---~ ------ --------------------------------------more or less, of land in~ ---~ ~----County, Virginia, Defendants.
The undersigned, in answer to the p_etition of the State Commission on Conservation and Development of the State of Virginia, and in response to the notice of condemnation awarded
upon the ~ g o said petitim,i' and published in accordance with the order of the Circuit
Court oL~:.. --~ f ? : .~-County, Virginia, asks leave of the Court to file this
as his answer to said ,petj-ti-0n ai~aid no t~
ffi
My name
f/_L1, My post office address i s _ ~ _
I claim a right, title, estate or interest in a tract or parcel of land within the area sought
to be condemned, containin~v3--zi"Z ____________ acres, on which ther:-,:'}'7 the folio
buildi~ j ;)'FEi:_ove~ts ~ --- __
_ _ ___/j:-;_ef~ ~ ~~ ------,__
1,-"Z-d.i....<--::~
is_a~-~r-·t:£L<ffi-Z~
-
__
---~9J.~
~-~~~~- - - -------- ---~
TL~
~ t e d about __
:.f:,- ~
-/--1=,.___ _
~ - - 2 - - ~-
1-r._~ - , .
£ _____miles from-w--c:L__ _____________Virginia, in
th~
~Magisterial District of said County.
I claim the following right, title, estate or interest in the tract or parcel of land described above: (In this space claimant should say whether he is sole owner or joint owner,
and if joint owner give names of the joint owners. · If claimant is not sole or joint owner,
he should set out exactly what right, title, estate or interest he has in or to the tract or
parcel of land described above
.
- ---- - -- ~
----
--- ------------ ----------
I claim that the total value of this tract or parcel of land with the improvements thereon is
I claim that the total value of my right, title, estate or~est,
in and to this tract or parcel of land with the improvements thereon is $/f.B.$.11_________ .
I am the owner oL _____ __ ________ acres of land adjoining the above described tract or
parcel of land but lying outside the Park area, which I claim will be damaged by the proposed condemnation of lands within the Park area, to the extent of _$~OjJ~_::_ _______ .
(In the space below should be set out any additional statements or information as to
this claim which claimant desires to make; and if practkable he should also insert here a
description of the tract or parcel of land by metes and bounds).
__ ___ T _ _ __ ___~
_ _ _ _ __ _ _ _ -- - - - - - ------ - - -- --- ------ks . t.l;::;,;;:~
RemarK;f'
~
· , _ _:: / ___
$/f-.J.M~~---·
------------/'~R'~~-- -
- _______ /}f- - - - --
----=----------------------.
---------------------- -------------- --------------------------- - - --------------- --- ----- - ---------- - --- ---- - - - ----- - - ----------- --- (Continue remarks if necessary on the back).
of__:'.~~~s-~~-:'.~:~~::t~.my name and ~ar: :~;~~~~~
STATE OF VIRGINIA, COUNTY OF_
-
_ --, To-wit:
The undersigned hereby certifies that __ ____ - - - ----------- - ------- - ---- --- ------- --the above named claimant personally appeared before him and made oath that the matters
and things appearing in his ab~ swer are true to the best of his knowledge and belief,
this __ _ __.rL_ ________
day oL _c--§:i"-L --::~_1_n_B_L~~
, ..n(./4.,;; ._____ _
G½1ik @i tl:i.e Goa~ or CSpecial Investigator or
Netu:r P::hH e, : Jcm4iee 8f th A Pep•
�-~ I I
Cotm ty; .. ~ookinc:;&;"lu
!'' lstri et: :Jton-o tvall
!"..e~dt 07 A,
n
on Onp
nun
''500 . 00 (J.92;1)
1
(AGOO?'din(; to tflo !liOt~s f;
and tlntir tily fti thin
bound$
the J nrlt a~.
Of' ~1
court surve 1
thtr:t"1:t • s 101 eo~es )
Rocky oandy loam of' ·p oor torti li ty. 1 nn:rJ:>ott strip nlc.infi tbo
o:r<;1e:-.: lt» le.vol and has mQt'iernto nlopn s. 'l'bo:re 1tt t:iuoli
l.oos~ rook o.nd t,.()17,io outc:ro1H·.1.. r::1:w. ol~aX'EHl lani::1 lltui b<>eu amall
oorn
out a.ntwnogle otod.
i'WO
eat
. lt\\NJ:G, ,9 f•. :t,.r:ac,t
,:: •
;11-.,.
.
ane on&~balt m1lon of.
• 1p11,1n~. potn ·· •
(;t)tlt1
.~.._*t grui6~.tr&¥~· ,Rt: Jt&1,,pq:ri
tUrt
:r~cl
to Ye.n,m:, * tiie ni~ir-
Ttux
htUl eon out over
:repea ttw<Yly ?or ~e.~ US<) nnti othor t:it·a.ot
}'Hll."poa<HJ.
'!'he,
vino
r~ov od in 1950 . 'I~hol\"'!; luan been no f'ir,t) rooein tl::rlml."k
O!l<l th~r.e
it:¾ tl thin otr..nd o:r hardw ood r~tl yolloi 1 un<1 rthi te p1no
WP to
f:I" D'3:r.£ ~,1 t~:
oot:H'.l.a;,onal la.t-a.;,:r treea . : h tt:o sou;th end
d1e:re 10 a~ open atand o::r t1'1h1 ·tt:) ana yello ii pin<., ·11) to lo"
Th'3U which $ of fa.tr qu.$l 1ty. 'rho rmt.1r~tttc ta ,t i . saw
timbEir o ~4 . 00 per a* ....
no
oorda of i;"uel~ooa .. t:>0¢
}"10.0 0
'I"\•
~~
5
·88
...:.1 -.
11ra1n-0 ,,d1l.a;p1tt.a ted ~~~~...,;;;:..~t.·o~l;..i;o..,: !,,oe; l.fbt2B xl2 • • poot• contU tt,:>n .... . 10 . 00
30.oo
Tota l value of lnn.d
Total v~ uo of :t:rriprov~.rr.&nto
~o tal valne of t1t1b r
Total value of tract
A.-e:rage value per a.ere
�,I
<I/
:z
J:,
I'\ ' -
:; •
z, 2 JD
!? = 0
"' ffl
0
:z "C0 m
STATEMENT
D
m
-4
m J. IJ
C
XI
z,;"'
i
. ;' -I
ti
I>
,c:
CO -I ::z
OF
)
Chas . A. Hammer, p.q.
OR~ <
::ir -. N
:::, m
<
DI N
- 3 ..
II n n
Co-
A. ', L. MOUBRAY_and J. F. JlrOUBRAY
"II
II
Ill
-4
0
- :,
C .,
"'
:z
;~=""
STA ti.'MENT OF CQS TS, POSTAGE, ETC .. :
J
•
7'1
�(·
.
To The
Hon. Phillip illiams ,
Chairman of the Land Tract Arbitration Board:
We , A. L. Moubray and .r. F. M:>ubray, have employed Messra o Hammer &
Hamn.er of Harrisonburg, to represent us in al1 comdemnation proceedings in
connection with our land tract #166 in the Shenandoah National Park Area , as
it appears upon the
Ill3PS
filed in the Clerk ' s Office of' Rocmingham Countyo
Given under our hands this 22nd day of' .August, 19330
-'
.
15
�IN THE CIRCUIT COURT OF ROCEINGHAivl COUNTY, VIRGINIAo
THE STATE COMlvITSSION ON CONSERVATION AND DEVELO:EMENT OF
~
STATE OF VIRGINIA,
Vs.
CASANDRA. LAWSON ATKINS i et als. , and 52,501 acres of land in Roak!i.ngham County.
fi\ed in the C\erkts Office
Rockingham County, Va,
To The
Hono H,. Wo Bertram , Judge of the Said Court:
AUGJ-/ 1933
g _ ~ ~ Clerk
(1)
The motion of Ao L. Moubray and J. F. Moubray #f~ng the said Court
to,disapprove and to decline to accept the findings of the Board of Appraisal
Commissioners heretofore appointed by the said Court in the above matter, wherein the said Board reported under No . 166 of' its findings, as filed in the Clerk's
Office of the said Court that moveants are only entitled to the sum of FIVE HUNDRED ($500000) DO~ for the tract of 87 acres of land, which was conveyed to
X
these movel!IBJhs by the executors of John Eo Roller, dec 'do
... ,-~
~;ft.A,,, -~
The tract conveyed to
moveants/\by the said execut1111rs was known as the "Sipe Tract", and the Park Commissioners by actual survey ascertained that it contained 101 acres instead of
87 0
(2)
The amoo,tj.t allowed for the said land is wholly inadequate and amounts
to taking the property without just compensationo
(3}
The property is improved by a frame dwelling 16 x 22 feet, sealed in-
side, composition roof, containing 4 rooms, of the value of TWO HUNDRED .AND FIFTY
$$250.00) DOLLARS;
a small frame stable 12 x 16 feet, with shingle roof, of the
value of' TWENTY FIVE ($25000) DOLLARS;
of 'mN ($10 0 00) DOLLARS;
one chicken house 6 x 8 feet of the value
one log barn 16 x 26 feet, two stories high with metal
roof, of the value of ONE HUNDRED AND FIFTY ($150.00) DOI.LABS;
one cellar 8 x 12
feet, With board roof, of the value of FORTY ($40000) DOI.LARS;
one frame chicken
house at the log barn, 6 x 10 feet, with metal roof, of the value of FIFTEEN ($15.00)
DOI.LA.RS;
and one small buil.ding 8 x . 10 feet, with metal roof, of the value of
'.mN ($10 000) DOI.LA.RS.
The entire 87 acres is of cove land with never failing running water
through it, and is adapted to and use't:l. by the moveants for agricultural and grazing purposes, and is worth easily TEN ($~0.00) DOLLARS per acreo
_ _ _ _ 71,g.
�-2-
Ill' addition to the above there is at least 15,000 feet of saw timber
worth FIVE ($5000) per thousand.
Your petition~s state that moveants parents
ocoupy this land, and that the sums named above are reasonable an4 fair.
·Moveants prefer to have a trial by jury, and ask that they be allowed
the sum of FIFTEEN HUNDRED AND ONE ($1501000) DOLLARS which is justly due 0
7
~
Hammer & Hammer,Counsel
VIRGINIA, CITY OF HARRISONBURG; TO-WIT:
I, A.C.Moubray, the father of A.Lo~IDUbray and J.F.~IDubray, Whose name is
signed on the margin hereof, this day personally appeared before me in my said
City and made oath that he is the acting agent and in charge of the lands of
.L.
• and J" oF . uoubray, known as Tract No . 166 in the Park proceedings, and further affi:rms that the facts as stated in the foregoing motion are trueo
Given under my hand and seal this 22nd day of August, 1933.
77
�filed in the Clerkrs Office
Rockingham County, Va.
MOUBREY , A. L. and J" . F .
f
SEP
166
1933
~r~
ROOKI NGHAM COUNTY
IN RE . ARBITRATION AGREEM:ENTS submitted to the Governor ar1s1ng
in or out of Condemnation proceedings pending in the Circuit Court
of Virgini a under authority of the Shenandoah National Park Act .
SUMJ.ARY STATEI-/rEHT
EXCEPTANTS:
OF PETITIONER:
Mouhrey , A. L. and ;r . ·F •
ORIGINAL CL.AIM:
Acreage 87 : Vu.lue $4 , 350 . 00 : Inc . Damages, $2 ,000
VALUE PLACED ON TRACT
BY
TR.ACT NO.
V
PETITIONER ' S APPRAISERS :
\.LUE
$406 . 00
166
D ' CIDEFTAL
DAMAGES
None
BO_.RD OF APPR_uSAL COUMISSI ON.CRS Fr:t-mr-Gs :
MAP
NUI.IBER
OF TR.,.CT :
166
VJ.LUE OF IB..,.CT:
TRACT NO .
1 66
VALUE
523 . 00
INCID~lfTAL D_ :'U. GES
None
�The basic differences between Petitioner and these exceptants
are as to the classification a nd value of the land and improvements, buildings, ti mber values, and amount of incidental damages .
Although we believe the values reported by the Petitioner ' s
appraisers were very liberal and that the findings of the Board of
Appraisal Commiss i oners as to values are substantially too high, we
have accepted a nd will not seek a lower valuation than their findings as shown on the above tables in this case .
As to the classification of the land and the other elements
of value we submit that these matters are correctly set forth in
the Work Sheet of the Board with reference to this case , and not
as set forth in exceptants 1 statements .
This Work Sheet is filed
with the record and a copy of this Work Sheet is submitted with copy
of the record tendered herewith, and additional cop:ie s of the Work
Sheet in this case will be furnished if desired.
Subscribed to and verified before me this the 1'~ay of September,
1933 .
~cvd!~
1
Emma K. ~tokes , Notary Public
7'!
�::>TA'l1E 0 ...,L1I.5.:iICN OJ JO:l.3£RV.b'.L1I J:r
•1 ~
O.b' VIRGI./IA
J~m
D1U..:LOP1,GLlT LJ ..i.'H.r:,; .3T.ATt.:
V3 .
C ss :{DRA AT.i:CLrn lW.!.i Ot_fl{.&RS , aND .b'I: TY T JO Tli0U3A:rn ]' IV£ HUUDRED AIJ
SIXTY mm ( 5&:! , 561) ACR:3.3 01!' LA.Lrn LJ ID JXI!IGH.Ai.1 0OUlJTY .
TO the Honorable H• • Bertram, Judg e of the Circuit Court of
Rcokinghsm County • .
'l'he Petition of .A .
• a oubrey and J, F . i. oubrey , respectfully
re pre sen ts :
THAT they are the owners of track No ./t,'
upon the map of th
supposed to be t · ,{ en for ParK purposes in Ro-Jkinghar.n Jaunty
and sup p osed to .Jontain ab ou t One h undred and One Ecres and that
they object to the allowances nade and except to the report filed
n the Uircuit Court of Roo.kingham Cou 11ty by the Boa.rd of appraisal
a
Commissioner s in that the amou1t allowed ..eetitioners is unjust E:nd
unfair.
'..L'he property cost
·x.Jepta.n t
.!!' ive
11und rea. uo lla rs to begin
with and ~xce_ptants h-ave cl.e red and fenced the land snd constructe
thereon sundry buildings and the lands are now iVOrth at le £st
Hundred .1)0.Ll::. rs .
1wel.ve
1
he lands. , while not of the best quality , are
still creek botto,n through which there is ru1mint?; water at all ti.,1e
and furnishes Exceptants a good hoille .
1he t 8k ing o f the p rop ert y a
1 1
the prices proposed by the .Appraisal uo.n.nissioner s will a'.nount to
confiscation of t he sane .
they therefore ask for a hearing before the court to the end
that such reasonable allowances be made them f or their l ands as to
the Gourt may s eem pro-per .
B3 ~;m:s: l
.~
�-- 2
VI ffi I NU ,
CITY Ot HARRIS01LBU.G , 'i.1 0- wit :
I , Bessie~ . uo oKe , a~ otary PubliJ in and ror the City of
:qa_rrisonbur~ and
.
t"'te of Virginia , a.o certify thst
~~ ~
Q_
~
•
d.
1,Ioubrey ,
whose names ~signed ~:te:-e-~ a, , th is day personally appes red
before me and made oath that the facts stated in the foregoing
petition are true .
Given under my hand this 30th day of depte :noer , 19:12.
liSO
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Source
A related resource from which the described resource is derived
Meadows, JW - Mundy, Margaret
Identifier
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moubray-a-l-and-j-f.pdf
Title
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Moubray, A. L. & J. F.
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Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Gap Run
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Tract(s): 166
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PDF
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Contributor
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Pake Davis, Tristan Nelson, Liana Bayne
Moubray
-
https://omeka.lib.jmu.edu/erp/files/original/58ffd020f1cd4d7191e4d2a508baeeab.pdf
1c1c17226546e58bc04dc47a9405045f
PDF Text
Text
ROCKINGHAM COtnfrY
NAME OF CLAIMANT
{}358 - M'.oubray , R. L. (Claimed by A. L. and J• F.
t!oubruy )
Number of Acres: 3
ntirely within the Park area .
Location:
Gap Run .
Roads:
Three miles of good dirt road to Yancey , the nearest shipping
point .
Soil:
Gravelly loam of fair depth and fertilit y and with a conside rable amount of creek rock , it is level .
History of Tract and condition of timber:
None .
Frame, 15x35' , 3 room~, 1 story , paper
Improve ments: Tenant house:
roof, no chimney , poor conditio n.
Stable: .i:!re..rr.e, 8xl8xl0 ', board roof, poor conditio n .
Frame, 8x8x8' , board roof, poor conditio n .
cJ WI~
Acreage and value of types:
Types
Acreage
Value per acre
Total Value
Ridge:
Slope:
Cove:
Grazing Land:
Fields Restocking:
Cultivated Land:
3
'.)25.00
75 . 00
Orchard:
Minerals:
230 . 00
Value of Land: $ 75 . 00
Value of Improvements: $ 230. 00
Value of Orchard: $ 1~ . 00
Value of Minerals: $
Value of Fruit: $
Value of Timber: $
Value of Wood: $
Value per acre for tract: $106. 66
Incidental damages arising from the taking of this tract: $ NON.... .
U5 . 00
~320 . 00
�.
,
01nmtttnuwtalt4 nf lllirgiuta
TREASURER'S OFFICE
RICHMOND, VA.
March 22, 1934
JOHN M. PURCELL
TREASURER OF VIRGINIA
This is to certify that I, J.M. Purcell, Treasurer
of Virginia have this
22 day of March
in accordance
with an order of the circuit court of Rockingham County
dated
3/12/34
in the cause of the State Commission
on Conservation and Development of the State of Virginia
Lawson
Atkins
vs. - - -- - - -Cassandra
---------- - - - - - - - - - paid to
$ 379.17
A. L. Moubry and J. F . Moubry
being in full settlement of tract# 358 and 166
in th e above mentioned cause.
)31,,
�O!nmmnumtalt11 nf ]lirgiuta
TREASURE R'S OFFICE
RICHMOND , VA,
JOHN M, PURCELL
March 22 , 1934
TREASURER OF VIRGINIA
A. L. Moubry and J . F . Moubry
Received of J.M. Purcell , Treasur er of
Virginia , the sum of $ 379 . 17
, in accordan ce
with an order of the Circuit Court of the county
of Rockingh am
of March
192r-t_
entered on the
12th
day
, in the matter of the State
Commiss ion on Conserv ation and Developm ent v _ __
___ C_a_s_s_a_n_dr_a_L_a_w_s_o_n_A_t_k_i_n_s_ _ and others, being
full and complete settleme nt for the tract of land
known in said proceed ing as
#
358 and J..66
Sign origina l 'and duplica te
and return to the Treasur er
of Virginia .
•
13
�........
Qtnmmnuwrttltl1 nf 1lfirginttt
-
TREASURER 'S OFFICE
RICHMOND, VA .
JOHN M . PURCELL
March 22, 1934
TREASURER OF VIRGINIA
This is to certify that J,
of Virginia have this
J.M. Purcell, Treasurer
22 day of March
i n accordan c e
with an o r der of the circuit court of Rockingham County
dated __3~/_2_2~/_3_4_ _ in the cause of the State Commissio n
on Conservat ion and Developme nt of the State of Virginia
vs .
Cassandra Lawson At~ins
- -- ~ - - - - - - - - - - -
:paid to __!ohn E . Roller ' s estate, George G. Grattan , Jr.
and R . E . Cabell , Executors
$ 450.00
be ing in full settlemen t of tract# 358 and 166
in the above mentioned cause .
142-
�-
.
"'--
Q!nmmnuwrnltb of ]lirgiutn
TREASURER'S OFFICE
RICHMOND, VA.
March 22 , 1934
JOHN M. PURCELL
TREASURER OF VIRGINIA
J ohn E. Roller 's estate , George G. Grattan , Jr .
and R. E . Cabell , Executors
Received of J.M. Purcell, Treasurer of
Virginia, the sum of$ 450 . 00
, in accordance
with an order of the Circuit Court of the county
of
Rock ingham
of March
193L
entered on the
12th
day
, in the matter of the State
Commission on Conservation and Development v _ __
~t=k=i=·n=s___ and others, being
=w~s~o=n~A
___C~a=s=s=a=n~dr~a~L~a
full and complete settlement for the tract of land
k nown in said proceeding as# 358 and 1Q6
Sign original and dupli cat e
and ret u rn to t h e Treasur e r
of Virginia.
.,
�Qlnmmnuwtaltq of ]Itrgiuta
TREASURE R'S OFFICE
RICHMOND , VA.
JOHN M. PURCELL
March 22, 1934
TREASURER OF VIRGINIA
This is to certify that J, J.M. Purcell, Treasur er
of Virginia have th is
22 d.ay of
March
with a n order of the circuit court of
dated
3/ 12/34
in accordan ce
Rock ingham Cmmty
in the cause of the State Commiss ion
on Conserv ation and Developm ent of the State of Virginia
vs.
C a s ~n Atkins an d others
paid to
$
J. Rob e rt Swit~er , Cl e r k o f Rock ingham County
Harri s onburg , i rgini a
8 .20 _ __ _ b eing in f ul l s ett l ement of tract #Iilifi and 166
in the ab ove menti oned. cause.
13<2,
�...
·-
-
o.tnmmnuwtalt11 nf llfirgiuta
TREASURER ' S OFFICE
RICHMOND , VA .
March 22 , 1934
JOHN M . PURCELL
TREASURER OF VIRGINIA
J. Robe r t Switzer , Clerk of Rock ingham County
Ha~r iaonburg , Virginia
Received of J.M. Purcell, Treasurer of
Virg i n ia, the sum of $_8~1 =2~0___ , in accordance
wi th an order of the Circui t Court of the c ount y
of___R
_ o_c_
k_i_ng_h _am
_ __
of
March
1 93L
entered on the
12th
day
, in the matter of the State
Commi s sion on Cons ervati on a nd Deve lopment v ___
Cas s andr a Laws on At k i n s and others , being
full and complete settlement f or the tract of l and
kn own in s aid proceeding as# 358 and ~66
Sign ori g inal and dupl i cat e
and return to t he Treasurer
of Virginia .
�- :;- -
Qlomtttnuwraltfy nf Birgiuta
TREASURER'S OFFICE
RICHMOND, VA.
'
March 22 , 1934
JOHN M. PURCELL
TREASURER OF VIRGINIA
This is to ce r tify t hat I , J.M. Purcell, Treasurer
of Virg inia h ave this
22 day of March
with an ord e r o f the c ircuit court of
3/12/34
dated
in accordance
Rockingham County
in t he cause of the State Commission
on Conservation and Development of the State of Virginia
Atkins
Cassandra Lawson
---------------
vs .
pa id t
0
_!1•
H . Harrison, Treasurer of Rec kingham County
Harrisonburg , Virginia
$_5_._6_3______ being i n full settlement of tract
#liliB..
and 166
i n t h e above menti oned cause.
11.f
�Q!nmtttnuwtaltl1 nf l!Iirgiuta
TREAS URER' S OFFIC E
RICHM OND, VA,
JOHN M. PURCELL
TREASl,JRE R OF VIRGINIA
March 22 , 1934
M. H. Harri son, Treas urer of Ro cking ham Coun ty
Harri sonbu rg , Virgi nia
Recei ved of J.M. Purc ell, Treas urer of
Virg inia, the sum of $~5"'-Z.•=6~3_ _ _ , in accor dance
with an order of the Circu it Court of the count y
Rocki ngham
f
0 - - - - - = - - - - - - enter ed on the
12th day
of March
193~ , in the matte r of the State
Comm ission on Cons ervat ion and Devel opme nt v _ __
___ _C
_a_s_s_a_n_d_r_a_L_a_w_s_o_n_A_t_k_i_n_s__ and other s, being
full and comp lete settle ment for the tract of land
known in said proce eding as #_ 3_5_8_ a_n_d_ ~66
Sign origi nal and dupli cate
and retur n to the Treas urer
of Virg inia.
II.fl
�County: Rockingh am
District : Stonewa ll
£358 - Moubray, R. L.
Aoreage Claimed :
-- ~
.....:--.
Assessed : Not
V,alue Cle.tmed:
Location :
Deed: Not availab le
"
Gap Run.
tl
Enttrely within the Park Area.
lnoumbr ances, counter claims or laps: Mineral rights belong to Jacob
Yost, Trustee .
-
Soil:
Gravelly loam of fair depth and fertilit y and wi t h a
eonsider a'ble amount of creek rook, 1 t 1s level.
·
Roa.de:
Three miles of good dirt road to Yanoey, the nearest sh1pp1ng point .
H1storz of tre.ot and conditio n of timbei:: None.
Im12rovements:
Tenant house, frame 15X35' , 3 rooms, 1 story, paper roof,
no chimney , poor oonditio n.
-$120.00
Stable: Frame ,8xl8xlO . boa.rd r oof, poor conditio n- 10.00
Hen house: Frame axaxs•; board r">Of, poor
"
5.00
1!35.oo
Orchard: 5 apple trees - 25 years old - tair
oondi t1on - .M3,00
Value
~er ao,re
Aoreage
.:20. 00
3
Total val ue of land
Total
Value
~iern. oo
$60.00
Total value of improvem entsl35 .00
·rotal value of orchard
'f o t al value ot tract
11.verage value per aore
8.00
205.00
67.67
IS
�'\
\
IN THE CIRCUIT COUHT OF ROCKINGHAM COUNTY , VIRGINIA'
THE STATE COMMISSION ON CONSERVATION AND DEVELOPMENT OF THE STATE
OF VIRGINIA
vs.
CASSANDRA LAWSON AT·KINS Et .Als and 52 , 561 Acres of Land more or les
in Rockingham County
On the Petition filed in the above cause by A. L. Moubry
and J. F . Moubry .
This Cause came on to be again heard this
/t,/
day of
March, 1934, upon the papers formerly read and proceedings had, the
exhibits filed and was argued by Counsel .
Upon consideration whereof, it appearing to the Court
that A. L. Moubry and J . F . Moubry heretofore filed their Petition
in the above entitled caus~ wherein they asserted title to the trac
or parcel of land No . 358 as it appears upon report of the Board of
Appraisal Commissioners of Rockingham County, and it further appear
ing that by an order entered therein it has been decreed that A. L.
Moubry and J. F . Moubry are the fee simple owners of the said tract
of land, and that R. L. Moubry had no interest therein, and it appearing that the said tract of land by a judgment in rem has been
condemned in the aforesaid Cause to the State Commission on Conser vation and Development of the State of Virginia, upon the payment
into the custody of the Court of $320 . 00 and it appearing to the
Court that said sum of $320 . 00 had been deposited into the custody
of the Court, and that the taxes for the three years last past were [
s
improperly and erroneously a 4l~sed, it is so ordered and decreed,.. an~
it is adjudged, ordered and
'
decreed
!
that the Clerk of this Court do l
I
transmit a certified copy of this order to the Treasurer of Virginia
I
who shall pay the said sum of $320 . 00 , the amount of said judgment
!
in rem for the said condemnation of the said tract No . 358, to the
i
· said A. L. Moubry and J. F . Moubry as hereinbefore set forth, and
HAMMER & HAMMER
ATTO~ NeYs A.ND COUNSf:LORS AT U,',11'
HARRISON8UR6 . VA .
it ~urther appearing to the Court that tract No . 166, as it appears
iupon the plat and report of the said Board of Appraisal . Commission - !I
ers for the County of Rockingham has been likewise condemned by a
�2
judgment in rem in said cause whereby said Commission is invested
,with the title to the said lands , upon the payment by it into the
i
!custody of the Court of the sum of $523 . 00, and it further appear 1ing to the Court that the said sum of $523 . 00 has been paid into th
custody of the Court , it is accordingly ordered and decreed that
the clerk of the Court shall certify this fact to the Treasurer of
Virginia who shall pay said sum to the said A . L. koubry and .r. F .
iMoubry as hereinafter set forth .
I
And it appearing to the Court that the two tracts of land
namely , No . 358 and No . 166 constitute and compose the tract of 87
acres, known as the John Sipe Patent1 and that there is due to M. H.
Harrison , Treasurer of Rockingham County ;5 . 63 taxes thereon for th
,ear 1933 , and that there is due to J. R. Switzer, Clerk of Rocking
ham County, the sum of $8 ~20 delinquent taxes for the year 1932, an
that all other taxes which are assessable thereon have been paid,
and it further appearing to the Court that the said two tracts of
l1and are tncumbered by a Deeu of Trust executed thereon by A. L.
Moubry and J. F . Moubry to George W. Shaver, Trustee , to secure to
John E. Rollerts Estate , George G. Grattan , Jr . and R. E. Cabell ,
Executors, the sum of $325 . 00 , evidenced by four bonds , one in the
sum of ~125 . 00 , another in the sum of $ 83 . 00, another in the sum of !
$ 84 . 00 and another in the sum of ~83 . 00 executed by the said A. L.
Moubry and J. F . Moubry to the said John E . Roller ' s Estate, George
G. Grattan , Jr . and R. E . Cabell , Executors , dated October 16, 1929~
and due and payable one , two, three and four years after date re~
I
pectively, with interest thereon from date, and that interest on
~
each of said bonds ha¥-e been paid until November 10, 1930, and that I
I
I
lthere ls due unto the said John E , Roller's Estate , Geor ge G, Grat ltan, .rr . and R. E . Cabell, Executors , as of March 10, 1934 , the sum
jof $450 . 00 and that the same is a lien upon the said su~s coming to
il the sai d A. L. :tloubry and J . F. Moubry, it is accordingly ad judged, ,
HAMMER & HAMMER
ATTOA N l!!YS AND COUNSl!!I.OflS AT U.W
HARRISONBURG, VA .
!ordered
and decreed that the Treasurer of Vir ginia
i
1
t"o pay
said sums of $320 . 00 and ~'523.00 as :allows, to-wit~
1
(1)
out the
pay
~ . H. Harrison, Treasurer of Rockingham County, the sum of $5 . 63
�,I,I taxes on said lands for the year 1933 ;
\! Clerk of Rockingh am County , the sum of
t:
i! said land for the year 1932;
!
(2) pay J . Robert Switzer ,
.;s . 20 Delinqu ent taxes on
(3) pay unto ' John E . Roller t s estate ,
I
! Geor~e G. Grattan, Jr . and R. E . Cabell, Executo rs, J450 . 00 princi
I
pal and interest due on said bonds to said Estate as of March 10th,
1934, and (4) the remainin g ~b 379 .17 he shall pay to the said A. L.
~oubry and J. F . ~oubry in full of the two awards aforesai d, which
said several sums , when so paid, shall be in full of, the judgmen ts
in rem for tract No . 358 and tract No . 166, taking from said part ies receipts for the several amounts so paid to them and certify ing such payments to this Court , and make appropr iate entry thereof
as required by Law .
I,
:1
1'
..~!~.~'.':. !.~:~.~!;"...i
HARRISONBURG. VA.
"
!
I
!'
~I
�,,
,,'
!1
!
;
, IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY , VIRGINIA
THE STATE COMMISSION ON CONSERVATION AND DEVELOPMENT OF THE STATE
;: OF VIRGINIA
I'
vs .
CASSANDRA LAWSON ATKINS Et Als and 52 , 561 Acres of Land more or
less in Rockingham County
I
I
IA. L. MOUBRY AND J . F . MOUBRY
vs .
On Petition filed in the above cause
R. L. MOUBRY
This Cause came on to be a gain heard this
/ ~ a y of
March , 1934 , upon the papers formerly read and proceedings had,
~
I
1.r.
deed from John E . Roller t s Executors etc . to A. L. Moubry and
F . Moubry , the exhibits filed and was argued by Counsel .
Upon consideration whereof , it appearing to the Court th t
an order was entered in this Cause on January 3rd , 1934 , directing
1
process to issue against R. L. Moubry , returnable to rules , requir
ing him to show cause , if any he could , why the sum of ~~320 . 00 al lowe_d in his name for tract No . 358 should not be paid unto A. L.
Moubry and J . F . Moubry , and it appearing that process issued , Jan
uary 3rd , 1934 , from the Clerk ' s Office of this County in accordance with said order, and that the said process was executed Jan uary 5th , 1934 , by W. E. Lucas , Deputy for C. R. Fawley , Sheriff
of Rockingham County 1 by delivering a true copy of the said process ;I
to R. L. Moubry in person , and it further appearing that the sRid
I
R. L. Moubry has failed to appear , plead or answe~ the petition ~
I, taken fa:J confessed and cause set for hearing1 and was argued by
Counsel .
Upon consideration whereof , it appearing to the Court
that A, L. Moubry
and J . F . Moubry are invested with the fee sim-
1
ple title to the tract No . 358 as it appears upon the report and
HAMMER & I-IAMMER
,H TO RNeYS ANO COUNSELORS AT LAW I
HARRI SONSURG, VA .
the plat accompan,r:g the same1 of the Board of Appraisal Commission ;
"
�~
-
.
,,, ers for Rockingham CountyI they having derived good title thereto
!1
,' by the conve ance aforesaid of J . E. Roller ' s Estate to the said
11
,,
Petitioners, the Court doth adjudge , order and decree that A. L.
!i Moubry and J . F . Moubry are the owners in fee simple of the tract
i
[ of land described in s a id Petition as tract No . 358 and the Court
I
/'
1r;r.;_JU{t further of opinion that the said R. L. Moubry has no interes
1 "'- 7
11
1; therein, doth accordingly so adjud ge , order and decree ~
And all matters being ended this Petition is retired from
the docket .
HAMMER & HAMMER
AT TOR N EY S ANO CO UN$ t! LOfl S AT U.W
H-'R R ISO NSURG, VA .
�STATE OF VIRGINIA,
COUNTY OF ROCKINGHAM, towi t:
I, J. Robert switzer,Qlerk of the Circuit Court of
Roe kingham County do hereby certify that the records in my
office do not show any delinquent taxes against the tract of
82 acres situate at PineyMount in Stonewall District, assessed
in the name of A. L. and J. F. Moubray , EXCEPT for the tax
year H~32, and which tax is $8.200
Given under my hand this 6th day of February, 1934.
of the Circuit Cour
County, Virginia .
O. K.
Attorney
�M. H. HARRISON
TREASURER OF ROCKINGHAM COUNTY
HARRISONBURG, VIRGINIA
TO WHOM IT MAY CONCERN:
I hereby certify that the records of
this office show that the t axes for the year 1933
amounting to$ 5 . 63, on a tract of 87-0- 0 acres of land
situate in Park Area in Stonewall District, Rockingham
County , and assessed in the name of A. L. Mowbray and
J . F . Mowbray, is unpaid.
All taxes prior to that time, if any
be unpaid , are a matter of record in the Clerk{s Office
of said County.
March 1934 .
Given under my hand this 6th day of
Treasurer .
�...
.-c.:.··
INrHE: CIBCUIT COURT OF ROCKINGHAM COUNTY, VIBGINIA.
IN THE NAME OF THE COMMOIBV"EALTH OF VIRGINIA.,
TO mE SHERIFF OF ROCKINGHAM COUNTY, GREETING:
You are hereby eommanded to summon R. L. Moubr}' to
appear at the Cl erk' s Off ice of the Circu.i t Court of Rockingham.
County, Virginia, on the thi.rd Monday in January, to show cau.se,
if any he can, why the
sum of $320.00
allowed for Tract No. 358
in the report of the Board of Appraisal Commiss1.oner s in the
case of The State Commission on Conservation and Development or
the State of Virginia v. Cassandra Lawson Atkins, et als, etc.,
sho,u l.d not be paid untp
A._.
L. and J. F. Moubry as prayed for in
their petition filed in the sa_id cause on January 3, 1954.
And this you sha11 in no wise omit under penalty or ~100.
And have then and tl:ere this Wtti t •
Witness. J'. Robert Switzer, Clerk of our said Court,
at the Court House thereof, in Harrisonburg , Virginia, this3d
day of January, 1-934, in the 100th year of the Co.mmonweai th.
�I
I,
11
I
I
Th:.... 't,t'3 Jo aiss · o .. ,J.1.
of VirgL1iu. , p,,3titio1Lr .
I,
11
]u.1b.LCV
tio,1
c.11d
D,v .LOplllt
+
t. e Jt1..1te
vs .
assa~iciru 1·~;:0011 t::i1s c..nd 52 , t,Gl
Roci:j ;_;hun iJ,.,unty , Virfi11ia .
U
1011
~
tho . ution of
•
c.c3::... o.f
La.1 ... u,
,l.ro orL;b, , in
• 1-Iou ory a.nd J • ./ . iiou ory l . . avo
is g.r~1t9d the~ to fil~ thair p titian in thJ aoove ~ntitLud c~usel
I
1
w.d the s~na is ~c~ordingly filed .
A~d it ~pp3~ring th r . . f.roJ that th~ s. id A. 1 .
J • .I! •
toub.ry clai.n
a.cieinG froJ tt
tho fund of ~320 .
Io u o ry
i
uHO.
r
~
I
conde. na-
i
! tion of tr&ct =c . 358, and thA f~nd of ~523 . 00 arjslnt from tho con-
lj de ..1r1ation of tract ~ro . lul) , and it also upp,arinf; fro:.1
potition
,I
,,
\ fi J.ed iu th'3 C!l0 r,.: ' s Off i
Y3
'y R. L . : :o:.lbr;1 that ho is clt...i :i.in•"
,.
II .t320 . 00 arisi n,; f ro ,:i th '3 c onde .11a t j o.• in thG ubove on tit led
II
cause of tract Jo. 350 , it is ac~ordingly o.cdo r ,3d oll mot io11 of ;\ .
\1
1,
L . ui1d· J. F .
I
r
tU.C :la.\J.l.O
to
1ouo.r;v t hat p roc3ss do isl::lue
.L'tll.::;t; / £3
c<J
rj
vLy t11 ' ~aJa sun of .·620 . 00
.lg
ri
,..l
~AMMER & ~AMMER
ATTORN EYS AT LAW
~hO,/
Cu.Uo J ,
if c.;._ly
Ilv
Cc..t.<1 ,
.J..lo·,.rea for t..r,1-Jt Jo. 65b sLo:.ild not
be pb.id unto th ,; d o.id li. • L . d.Ild J •
their sajd p 3tition .
to
g:....irist :1. L. ::oub.cy ,
21 •
a
Ion ory
u.l:;
p raJ .3d i'o.r iu
�State of Virginia,
County of Rockingham, to - wit :
I , J . Robert Switzer, Clerk of the
Rockingham County do hereby certify that the
do not show any delinquent taxes against the
Stonewall District , assessed in the name of
Circuit Court oP
records in my office
tract of land in ·
R. L. Moubray .
Given under my hand this 20th day of December, 1g33 .
�M.
H. HARRISON
TREASURER OF ROCKINGHAM COUNTY
HARRISONBURG, VIRGINIA
To Whor.i It May Concern :
I hereby certify that the records
of my office show that the taxes assessed against ct
certain tract of 3- 0- 0 &cres of land in the name of
R. L. :Moubray situate in Stonewall District, Rockingham
County, for the years 1933, 1932 and 1931 amounting to
$ 1 . 10, 1 . 39 and 1.99, respectively are unpaid .
All taxes prior to that time, if
any be unpaid, are a matter of record in the Clerk's
Office of said County .
of December 1933 .
Given under my hand this 20th day
Treasure'r ~f Fockingharn 'county.
,--
�NOTE-This need not be filed until the record discloses that the awards have been paid into the custody of
the Courts.
Virginia : In the Circuit. Court of Rockingham County
The State Commission on Conservation and Development of the State of Virginia .. PETITIONER .
V. At Law No. 1829
Cassandra Lawson Atkins and others, and Fifty-Two Thousand, Five Hundred and
Sixty-One (52,561) Acres of land, more or less
. . . . . . . .
DEFENDANT S.
Comes now the undersigned and shows to the Court:
That a judgment in rem has heretofore been entered in this proceeding condemning to the use of the
Petitioner the fee simple estate in the tract(s) of land numbered as follows: Tract No.
Tract No. ____________ : Tract No. -------- ----;
_(J_~-~:
and described in the report of the Board of Appraisal Commissioners appointed herein and shown, numbered, and delineated on the County Ownership Map filed therewith, upon payment into the custody of
the Court of the sum(s) set out in the said judgment as constituting the award(s) therefor, as follows :
Award on Tract No.
a£C $_2-2:-_~; on Tract No. ------------ $----------; on Tract No.
------------ $----------;
That the report of the said Board sets forth that the following named persons claim, or appear to
have a claim to an interest in the said tract(s) of land or in the proceeds arising from the condemnation
thereof;
That the Petitioner has paid into the custody of the Court the said sum(s) set out in said judgment
as constituting the award(s) for the fee simple estate in the said tract(s) of land;
That your undersigned, on the date of the said judgment in rem condemning the said tract(s) of
land, owned or was (were) entitled to the following interest in the said tract(s) or in the proceeds
arising from the condemnation thereof :-
~~
That no other person or persons than the undersigned are entitled to share in the distribution of the
said award(s) except the following named persons whose interest in said tract(s) or in the proceeds
arising from the condemnation thereof on the date of entry of said judgment was as follows:
Wherefore, your undersigned pray(s) that [he (they) be made a party (parties) herein under the
provisions of Section 21 of the Public Park Condemnation Act, and that] an order be entered for the
distribution of said sum(s) set forth in said judgment in rem as constituting the award(s) for the fee
simple estate in the said tract(s) condemned as aforesaid, and for the payment to the undersigned of the
said award(s) or of as much thereof as the Court may find that the undersigned is (are) entitled to
receive, and which the undersigned aver(s) is as follows: Tract No. __ ______ __ __ $---------- : Tract
No. _____ ___ ____ $ --- - ------: Tract No. ______ ____ __ $ ______ ____ ;
The undersigned further aver(s) that : (Leave this space blank unless there is some other pertinent matter to be brought specially to the attention of the court)
NAME
STATE O
r,&~l'tl..
P. 0. ADDRESS
---- ~ r~tr-_~/ __
OF ROCKINGHAM to-wit:
iIY- --appeared--b-ef-ore-me---R.--1.-.-- Moubray--a nd--made oath
--------~m-s -- y--:per-so
that_ the_state mnts _contained_ in t he _above_~e tition _so _far _as_made on his
own informati_on are true and so far as made upon informatio n of others he
~~;;:ves-the m-t-o--be-- tru-e-.---G± -ven u n ~ t h ± __ -~-- _tari~~~~ emb er,
NOTE-A supply of this blank form has been placed ~~!'~lerk's office f
e convenience of interested
parties. No one is required to use this form, as the form is not pres ri ed by law, and claimants can
either change or modify it as they deem necessary, or present their
tions in any form they may desire which meets with the approval of the Court. This blank form may not and probably will not cover
all cases. It has been printea merely as a suggestion of a form of a motion which may be u sed, subject
to the approval of the court in each case.
�I
I TF ·
T; Cu.::: IL.dIQ.,_T 0:: ~· r
OF VI31LII , P"'.i.1 1.uc:·.c_ .
L-
vs
~C), \-
RO)
:r'
1
r • e •
J.: ..N
TIO:::- _.dD D ,Y
'
' .L
~
i ST ~1E
peti tio.
of
n:
"'S OF LC;D , :t":1O3~!Su
.EL,
• L . ·1 ub:cy a 1d J . F .
r..:ub.cy r ~'"poJt.Lully
l
11
!i
'.
• d situ tJd .i..1 ',lh
or l.Jls , of
t is
f .co.u
J
py of ti:
•
JO.Ll J .:: ,
us Pinoy G ) · .• the
~ .1.0W 1
.o...:.:l.it.:·r ,.u Juu11ty ,
,,:1
I
!
~
..A.1-. >-z~::::"u nt als ,,.JD 52 , 56,
::r1:r C LI':.'Y •
Th
rr
rm
·p·
.l.J
...
\i .i...Ll
d .J
,-'-uit
fl
...
•
)
,no..c·, ful.1..y
'""· J.
, I
t;<.l,.l
!
II
'
£t ne.rao.r' .
Th t tr
1;;
id J0n1
...,
' • _tell ,r in his lif, ti.
u bJ d Jd fro~ 'h ~ .
r
iii
jj L'U.Zi
.... ..lJ .[' ,
th· Cl c.,.,we.cy c use
.C
il(l
otr
i 11
C.CL ,
,;
J.c.i.v\;)d.
J.
80,1L,U
8Sic1}-
JIo u,..,
h:r
cte
JO
nd Sa .ia 1 ut u
u d t ,d .
Thr..:..t at
b"tuldt..cL.s of
j .1 ,
tinJ -bout thr e
1hc:..t was
sold to s,n 11tL
"' n 1 t
O!L
13 l .ct o
t.
~
fot,1).CY
Is
of . . . b.lld ~:itl i
~till house
J
..11
on th
.r·.itt,d a1d -.:u!ltinu...1d to
id tr ct of L.nd .
Tlut in th0
or&lly
Th' t
ade .
~OL'ris, th-3 Luso 1d of
1:1
tre
as the Joh1 0Jpe P,at n t, wuf
Io.eris, but . o deed thJr for· was
• L . ·fourn·y 0ona:.:ict d
R. L .
~ .. now
':lC:!'3''
pro e.ct;· ,
:CJbJUO
.p
11
t
d one
·-1.tia
thut
S,:;.id .1..u.1d
Jh i1.~~ry ..,ui t of 0-C-ot ~3.c
1-lAMMER & 1-lAMMER
ATTORNEY S AT LAW
1oubry vs PolJ.y .t!'ro.zi.J.L' &c institut3d to tne C.L.:ond
lSOL. , tn
:3_1ti.cv .l. 1d inc.Lu ding th
idJ ·, •
tnr o u...:.c 1s wni '"' h
Jc.1k...
.L'Y rt..1..
I
i:,~
atna
'1 I
�:torris h d
V ·'.l r-':lall Y
d to ourch~se , but for which no deed
c13r
~ ~
V
Wo.S
>
r ..l d e in £.uid ~han0ery .JD.~i.83/ and tho s id :a::.itutha -rol.~ris
I\
mti.n t:.cuct of land , that th.,reo.fter ..,ho
bid in tlu
,j
0.1d
and ,
llor , \Jho pCJ.id for the
tn.11sf "1:L; .d h::,r '>urchas"3 to Joh!1
1
csi.g.ed
and that Cha.s .
of the Jou rt , .xecu t
0,
Jlu.
th
.Iorris
C01lV eyL1b
1;1.l
of the said.
S'
:1
..
id
d
>.;
ShOW11
L>tl
a. ld
deed to the suia ... lle r , ill which the
3i.i :.ct O 1
,.Iorris ,
s
_ro .
forn one tr ct J.n
.r: l
lH::l ba..
{Oller an
I
-
lb-lld to saij_
in th-1 report of thJ Boc.:.r<1 of
the p o.t
il(.,
a , united ,
..i..S the Sa e HOW
ppraisal CoiiL 1issj Ol~er~
lot) and !Jo . b56 , ,ind whiuh tuo p&rcelf-, of land
You r
o,,lo11gs to potitio11ers in fee s·r.ulo .
ouJ.d show unto the .,ourt that the thr")e acr., 11orris
peti ti one rs
nut at
p~.rchase throush so:n9 .,rror v;as a_praisJd to ~. Ir. Pou'bry ,
roi t ration , c 0~1po,_ Jd of the
' the h 1ari nc..; oefo re the 3oard of
Phillip /il.Uar.1s , _:onora~
, Honorahl
:I
II
i
lQ
3
-- ·
, .
3crt:cc..:i, u.nd {on ruble
1 ~xander , Th-.. State corn:.1ission on Jonsorvation and
Job•1 II .
1)-=ivelopi11ent i!.1 thJ Stat9 of Virgi,1ia , realizjni
:1
that th8 allowance
oubry wa::;, , r roneous and should have bee
,: to :2• .1H
• J • •,..ou·o1·y , a__:reed th...i.t if pJtitio;1or.:l , A. :...
: .'loubr,,' ,1i th r3 v thJi r
to A.
and
H
'ouorJ c...n
J. }.
xca oti ns a 1d conse.1tcd to u.C-! )t the
~82 . 00 in fL,11 SJt..,10.n, t o.:: their .Jl ins , the tv10 ~ots would be
! consolid1.:..t3d and trJaL;d us on
, nicn wc.s u.ccordinc-1.Y do 10 .
i'hat ou th3 loth daJ of Oc tober , 19B9 , .a.
Vi rg i
tli...i.
.ci •
•.
r. . .Jou o.ry
and
ou ory , his wLt> , o..1d J . F . . Io u ry and 11.r .1i11 tu T.
Houbry , his \rifj , .Jo11vey ... d th~ s id 1..a~1d u to G•o.cg,
/.
·.uffo.c ,
~rustee , iu trust to secure anto Jo~ ~ . _ol_ar ' ~ :st ta , Gorge
~.
r..p Gra. tt
S ,,
"
~AMMER & ~AMMER
, J •
d .~• • Qdo 11 ,
xec to:s , foL ...• bonds :
0
of ,wb4 . 00 ; o.nd anoth=> ·· in the su.,1 of
One
?83 . 00 , pay· '1le foDr
years after data , all bearin~ int r3st from date , and p~yable
ATT O RN EYS AT LAW
I annuall y .
�I
:,
I
Ii
Th<::tt these bonds ... ro still due
·1
state o.f John
I October
• _ 011.er th~ sun of
16th, 1.930 , until paid .
ud ),Hit io
o
lu
the
375 . 00 with iiterest from
A copy of this deed of trust to -
geth r with copies of th.bods Jecu.c3d th r.by ,
l and
13.C~
• .!'...,,
pr y id to be read as -9,.l.rt~ hereof .
I
Your petitio~ers r ep.cesaut that a ju dg 1':Jll t in re,.1 ht.S
Ii
i'he .ce tofo.ce
Jd1
II
ntered in thJ prooeoding of ·l'h-:} Statr3 <;omr.iission
\Ion onse.cv tion and D3v,lop.. Jn t in the ctute of ~n.cfinia vs
I
.
, as Sandri:... 1 tKL s ot als .:.md f.>2 , 5ol ~ cres of Laud , . Toro or L ·~ s ,
!i
Roc . .ci c"hu.m Jounty , condeH 1i.LlC:: tho trrn true ti., of ..1.und afore -
said und ow...1ed , y p Jt i tioa .HL ,
0ri b-d in the r3port of tb.8
1appoint0d hereir , a.nd
d ..ce
d vir.b i-.;r, Su.id t.cac; ts are dos -
di
oa~d of .n.flp.ca.L..al Cor.u1is~iO.LPr s
ShO\m, irn,n
8.!'LH1
11
1owde.r.... rJ.i_p
9 .l'iJ.Jd
.11
wld uJ..1.LLo.t,.:Jd o.u Ui.e
tnere.1i th upo11 p.,.,y.iljllt into cne l..rnE:.tuo.y of th
lcuu.rt of tho sums sat out i,i thJ said juu~,.1e.1t as cons i i tuti,i ·
0
1the avurds tiie.::'-Jfo ..c , to - vvit :
,I
:~?
,,
wa.cd on tro.ut 1To . luo , co.1tuining
c:r·;c, more or less , ,p52D . 00 ; und t.ca.;t J.;o . ~f:ib , a pa.ccel ·nd
)part oi" the
.:.,:xecu to
l::iu.i d
s
r.::i
L . . dd:3 conveyed to po tit ion er~ oy John .;. • olle r '
fo res ui d
nd v _i u :d u.t
1)320
. 00; 1a cing
tot 1
valuation for the two tracts of ~e43 . 00 .
Petitio.1ers would s. ow unto th3 Court that at a h ,a..cing
~efore th~ 3o rd of' Arbitrution, composJd of tho Honora,JlJ Phillip
illi
1~ ,
:rono:cable B.
1.
3ertram,
po1uissio.1, that bot£: tract !;o .
loo
nd the ~ ono ra11le John · •
and 35b belong to 11. J"'" <.:.lld
J • .!.!1 • 1rou ry und not to R. L . .. :oubry , .vhu..c·ou1)0ll i t
upon
ATTOR N EYS AT LAW
a 6 roed tha.t
3titior3rs withd.n1wi1ig t.heir 3XCeptio1s a ,juagmen t should. go
in p~titloners' favor i~
I-JAMMER &- I-JAMM ER
11w.,
o. lGu
ttld 'T
.,
~J..ceptions .
.
bu ,
d ..Ud
thJ
s:..1.21
of .,uU43 . v0 .:'or
tt.Ol'OU,POll 1Jv ti ti 0,10.c.;;
CLl}
t vO
t.L~._c;tb
of
,Jl thd..c'di/ tl Ji. .C S id.
�I
'1
Your peti tion)r ave .cs th t the s t:t id 3 . :. . :;:oubry .rnv j .c
did h
1d hac not .10,v , 1::A.ny intera.. :it in th~ Su.id la.id , but
VO ,
thdt he has filed~ ul~iill on tr~ct 65b clui,in g th3 three
eras
'. \ whi ~h clui n h, ...,purio ~s and he is not ei1titl" 'd to any po1.·tio n of'
' so.id funds .
L•
.n. •
of -ch
'11h t
Il O
other
ld J . J . Joubry
~r~
pJrdOU
o.r· pe ·sons th
1
you.r· p.J-Citie ,ne1.·s
ntitlad to ~hara itl the dibtrio ution
~uid u.Wc;.i..Cd · or 111 the _proueed::5 u..cisin g .r'ro .l the \J011t0n ts
of the s . 1id
.
1.
s
XCJpt •
the esta.t
of John
....~11
u •
r, i.n-.Lich
hi ontitlo d to have pci.rt from tho funds for the debt se-.:ur,1 d by
tLe Deed of Trust f ilJd in thh, Cl:illSe .
P~ti ti
0_
er
vars that there ~ru no ~ i
o.g uinst your
3llS
~
,
1
l'J
!)etitio ners ' Lit irest other than th.., tru"'t l !llin to tho said Rollc1· 0~
d tho.t all taxes upon tha said lands have be n naid und that
:
I
~
th ,3 r~ are n o delinqu ent tax1;S , all of which is shown by ccrtifi cuto~
I of
Tnusu rsr and '.llerk horo .filed and pray,d to b•J r,· d a
0
purt,
ii er:-~of .
:I
h)r for
J
yo:Jr :p1Jtj ti0.113.L'S })ray that th .y
JO
ad r1i tt e d
ii
c;l.' l r
!'\
p· rti e s hc .cein u.1d1'f' the }"Hov .i. sion of Soctiot 1 21 of tn~ ~)U,Jlic
Lc:t R... , ·. \ A - ~ '1... ~ -Lf-J t; ~.J."'- "-,.~.,. . '4
!I P :CJ::. J , .1d.e ,n,1atio ..1. 0t undA tnut d.1 order ,na:J oe 3nt:ired n•J1'3ill
1
1
\wi th tin pc:1y n--3nt of s - id ·
lit olders
.Vo. .J.'dS
'st-te of John J .
j
a, d s .id sumo to p oti "tiono.c s us the
of the fee i::Ln ple ti tl ,:., of th3 s ·id
L
1d , 1myiug
unto the
oller , dacaas~ d, tne SUill LJuureu to it unuer
I
1: tlu
1:
Dead of Trust
_ y ) rocess iSll:.Je
V :)1'
p.r·a.y &c .
. ... . ·--". ,:,TAT o ""'fl .in:T1
CI 'i'Y n .1? .:fa _ :'I OJ 3U ill- , 'i'o - \7i t :
I . ~ ~ .....:.. ,zL, ~, a ~! otar:v P:1blic in ~nd for tho City \
of Har.i.·is onburg , Ll th0
of Yir,~ inia. , do corti.fy that _ • .H
~:oubry , ig nt f o:r A . L. ',Ioubry and J . ~, • . foubry , tl•is day perEou ally
app1;;a:c-ed before a3 L1 Jy '·ajd Cj t:1 a..1d rood oath that the stu.tA.::.1ent
'of facts cont" inod in t LJ for;goj ng petitio n ..1G.de u 0?1 his own
stdi
I-JAMMER & I-JAMMER
ATTORNEY S AT LAW
'I
i
f"
1
�1::now.L3d g e is tr:.1e and th ose ·na de u p on informa tion deri v Gd from
others , he believ 8a to be true .
Given under my hand this 30th da ' r of Decembe r , l933 .
{zk£TJotary
~~1< 2,.-A
Pub l i c.
•L_)I
I
,i
I'
i
I--IAMMER & I--IAMMER
ATTORNEYS AT LAW
�1 2 5.0 0
8 3.0 0
8 4.0 0
8 3.0 0
3 7 5.0 0
~~
"!
�C OP Y
I~_$t
__2_6_. _o_o_ _,_o-o~I One
after date~e or either of
year
promise and bind ourselv es
Grattan , Jr •• and
R.
to pay to
John E. Roller Estate , George G.
E. Cabell , Execut ors
aua
One Hundre d TWenty -five
'DOLLA RS
for value received, bearing interest from date, payable annually, and hereby waive the benefit of
the Homestead Exemptio n as to this debt. This bond is secured by deed of t r ust of even date herewith
from
. A. L. and J. F.
Moubra y
1:µ'-Wk GeorSLW• Shaver ,
tof~(M
~ J ' r ., Trustee, _
andVir ginia
H.
Moubra y & Armint a
T. Mou-
_ _ __ _ _ _ _ _ __ _ _ _ _ _ _ _ _ ____:__ _ __
Witness,_____.,o._.ur
____ __ handS
_
_ and seal_S_t his
16th
day of Oo to ber,
1929
_ _ _ _ __,,A~•._____,,L=·~M=o!e..u=-b=r=--a=---y____ ____ (Seal)
_ _ _ _ _J_._ F_._M_o_u_b_r_a_:__y_ _ _ _ _ ___ (Seal)
C O P
I_$8
__3_._o_o___,_o_o~I Two
promise and bind
Y
years
after date~e
ourselv es
or either of
John E. Roller Estate , George G.
Gratta n, Jr., and R. E. Cabell , Execut ors,
~
to pay to
E~ig_h_t~y~_- t_hr
_ e_e_ -___ _ _ _ _ _ _ _ __ _ _ _ _ __ _ _ _ _ __
DOLLA RS
for value received, bearing interest from date, payable annually, and hereby waive the benefit of
the Homestead Exemptio n as to this debt. This bond is secured by deed of trust of even date herewith
from
'A.
L.
& J. F. Moubra y
and Virgin ia H. Moubra y & Armin ta T. Mou
~b_r _a_y- ~G~e~o=r~g- e~ w-.- s-h.,,..a
=v-'e-r
~ , ---to <Il/:31:JR-XIIIUl'OCH. Trustee, _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ _ __ _ __ _
_
Witness
our
handS
_ _and seal_B_
t.his
16th
day of
Oo tober,
1929
____ _A_._ L_._ M_o_u_b_r_a_y_ _ __ _ _ _ __ (Seal)
_ _ _ _J_ ._ F_._ M
_o_u_b_r_a_,.y_ _ _ _ _ ____ (Seal)
-.
C O P
I. . _$_84_._o_o___,_o_o~I
Y
Three years
after date__w_e
or either of
ourselv es
to pay to John E. Roller Estate , George G.
Gratta n, Jr •• and R. E. Cabell , Execut ors,
~
promise and bind
_E_ieg_h~tY~-~t-o~ur-----'-=------'-::.__.:::____:::;_-=- -=- -=- -=- -=-- -=-- -=---=---=--DOLLARS
for value received, bearing interest from date, payable annually, and hereby waive the benefit of
the Homestead Exemptio n as to this debt. This bond is secured by deed of trust of even date herewith
from
, _A_._ L_._ a_n_d_ J_._ F_. _M
_ o_ u_ b_ r _a,.__y_ _ _ _ and Virgin i a H. Moubra y & Armint a T. Jlou
br~y~
George
w.
Shaver
to/'i(ffi.lft;t,a.«1'#d i!X, Trustee,
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ __ __
Witness_ O_ur
_ _ _ _ _ handS
_ _and seal_S_
this 16th
day of Octobe r,
1929
__
A_. _ L_. _ M_o_u_b_r_a_y_ __ _ _ _ _ _ _ _ _ _ (Seal)
_ J_ . _F
_ . _M_o_
u_b_r _a___y____ ____ __ _ _ (Seal)
s
�C OP
1~$
__8_3_._0_0___
__,I Four years
after date
_0
10
we or either of u
ourselves
to pay to John E. Roller Estate, George G.
Grattan , Jr., and R. E. C&bell, Executors ,
x11M111t
promise and h ind
~E~i~g~h=t~Y~-~t~hr__.e=e..___~--=----=---=---""---=---------------------~-~----DoLLARS
for value received, bearing interest from date, payable annually, and hereby waive the benefit of the Homestead Exemption as to this debt. This bond is secured by deed of trust of even date herewith from
=•A=•...._..L~.,.____,a=n=d,...,.,...~J~-=F9'--"-._M~o-u~b. .r. .....a.~y~ - - - and Virginia H. Mundy &: Arminta T. Moubra
George w. Shaver,
top«DY JG~., Trustee, _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ __ _ __
Witness_O_u
_r_ _ _ _ han~_ _ancl seals__this
16th
day of
October,
_
1929
- - ~A
~ . ~L~·~M=o~u=b=r~a=y
_ _ _ _____ ___ (Seal)
_ __J_._ F_._ M_o_u_b _r _a~y_ __ __ __ _ __ (Seal)
ct 0
0 ti
(I)
OP,
0 ....
etc+
•
ct
I-' tr
0' ....
.. m
I-'
\Oo'
(>10
0 t:S
•
p,
o'
~
.
c-rbl
0
(D
i;
Cl) ~
en
o
ct~
I'd
(D
•
I-'
....
o
p, ..
ct 0
-0 i;
(I)
OP.
0 ....
etc+
•
I-'
ct
tr
O't-'•
• m
I-' o'
\00
(>I
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COPY
DEED OF TRUST
THIS DEED made this the 16th day of October, 1929, by aiic1.
between A. L. :Moubray and Virginia H. Moubray, his wife, and J. F.
Moubray and Arminta T. Moubray, his wife, parties of the first
part and George
w.
Shaver, Trustee, party of the second part;
W I T NE S S E T H :
That the said parties of the first part for and in consideration of One Dollar cash in hand paid, and upon the trust
Recorded 1 hereinafter declared, do hereby grant and convey, with general
D. B. 146
warranty of title, unto the said party of the second part, all of
Page 290.
that certain tract, piece or parcel of land, situate in the easter
portion of Rockingham County, in Stonewall District, Virginia,
about two and one-half miles south of Elkton, known as the "Nevill
Orawford,n tract of land, containing Eighty-seYen Acres, more or
less, adjoining the Abner Lawson tract of land, and others, and
being the same property which was conveyed these granters by John
E. Roller Estate, George G. Grattan, Jr., and R. E. Cabell, Executors, by deed of even date herewith, which deed is to be placed
of record in the Clerk's Office of Rockingham county, Virginia,
just before this deed;
EXHIBIT
IN TRUST to secure four bonds of even date herewith,
"DEED OF
TRUST"
exeout~d by the said A. L. Moubray and J. F. Moubray, payable to
John E. Roller Estate, George G. Grattan, Jr., and R. E. Cabell
Executors, one for the sum of One Hundred T\fenty-five Dollars,
($125.00) payable one year after date, with interest from date,
another for the sum of Eighty-three Dollars, ($83.00) payable two
years after date, with interest from date payable annually, anothe
for the sum of Eighty-four Dollars, ($84.00) payable three years
after date, with intere s t from date payable annually, and the
other for the sum of Eighty-three Dollars, ($83.00) payable four
years after date, with interest from date payable annually, all
~
·
fc"'
I
---~---------~~--- ~~---
�- 2 -
of said bonds are to be of equal dignity and secured alike upon
the property herein conveyed.
It is understood and agreed between the parties hereto tha.
of there shall be any default in the payment of said bonds, or
either of them, when due, or in the payment of any annual installment of interest thereon, or any failure to keep said property
insured, then all of said bonds shall become due and payable, and
the Trustee shall at the request of the beneficiarie s, or either
of them, their executors or assigns, proceed to execute this trust
in pursuance of Section 6167 of the Code of Virginia, except in
case of sale by said Trustee, he is to be allowed five per cent.
commissions on the gross proceeds of sale.
WITNESS the following signatures and seals the day and
year first above written.
A. L. IIOUBRAY
(SEAL).
VIRGIUIA H. MOUBRAY
(SEAL).
J. F. MOUBRAY
(SEAL).
ARMINTA T. MOUBRAY
(SEAL).
state of Virginia,
City of Roanoke, to-wot:
I J.E. Comer, a Notary Public in and for the State and
County aforesaid, do hereby certify that A. L. Moubray and Virginia
H. Moubray, his wife, and J. F. Moubray and Arminta T. Moubray, his
wife, whose names are signed to the foregoing deed bearing date the
16th day of October, 1929, have personally appeared before me in
my said County acknowledged same.
My commission expires the 6th day of June, 1932.
Given under
my
hand this the 15th day of March, 1930.
J.E. Conrad,
N. p.
VIRGINIA: In the Clerk's Office of the Circuit court of Rockingham
The foregoing deed of ~ust was this day presented in
County.
the offioe aforesaid, and is, together with the certificate of
acknowledgme nt annexed, admitted to record this 25th day of March,
1930, 4:16 P. M.
J. Robert Switzer, Clerk •
~este:
•
?7
�Deed Book 146 , .Page 289
THIS DEED made this the 16th day of October, 1929 ,
by and between the Estate of John E . Roller, by George G.
Grattan , Jr ., and R. E . Cabell , Executors , parties of the
first part , and A. L. Moubray and J . F . Moubray, parties of
the second part ; WIT NE s SETH
That the said parties
of the first part for and in consideration of Five Hundred Dollars , ($ 500 . 00) One Hundred Twenty-five Dollars , ($125 . 00)
of' which is cash in hand paid by the said parties of the second
part, receipt whereof is hereby acknowledged, and for the residue of Three Hundred Seventy- five Dollars , ($3?5 . 00) , the
sald parti.es of the second part have t h is day executed their
four (4) bonds, payable to John E . Roller Estate , George G.
Grattan Jr ., and R. E . Cabell , Executors, one for the sum of
One Hundr ed Twenty- five Dollars, ($125 . 00) payable one year
after date , with interest frcm date, mother for the sum of
Eighty-three Dollars ($83 . 00) payable two years after date,
with interest from date payable annually; another for the sum
of Eighty- four Dollars , ($84 . 00) payable three years after
date, with interest from date payable annually , and the other
for the sum of Eighty- three Dollars , ($83 . 00} payJble four
years after date with interest from date payable annually,
which said four bonds are to be secured by a deed of trust of
even date herewith, executed by A. L. Moubray and J . F . Moubray to George W. Shaver, 'l'rus tee, upon the property hereinaf+
ter conveyed, which deed of trust is hereby made a part of
this deed; they the said parties of the first part do here by
grant and convey, with special warranty of title , unto the
said A. L. Moubray and J . F . Moubrey , all of that certain tract,
piece or parcel of land, situate in the eastern portion of
Rockingham County , Stonewall District , Virginia, about two and
one-half miles south of Elkton , known as the "Nevill Crawford,"
�·-D. B. 146, P . 289
-- 2- -
tract conta ining Eighty -seven acres , more or less , adjoin ing
the Abner Lawson tract , and other s, and being the same property conve yed to J ohn E. Roller by deed from Charl es A. Hammer ,
Sp ec ial Comm issione r and Burton Morri s and Saman tha F . Morri s ,
by deed of date Ap ril 1 , 1910 , duly of re c ord in the Clerk ' s
Office o~ Rocki ngham County Virgi nia, in Deed B9ok No . 90 ,
page 3?2 , to which deed refere nce is hereby made for more
descr iption of the prope rty herein convey ed . "HT.NESS the fol lowing si gn atures and seals the day and year f i rst above writ ten .
George G. Gratta n, Jr .
(SEAL) .
R. L . Cabel l
(SEAL) .
Execu tors John E. Rolle r Estate .
State of Virgi nia,
City of Harris onbur g , to-wi t:
I , Nan C. Liskey , a Notary Publi c in and for the
State and City afo r esaid , do hereb y certif y th a t George G.
Gratta n , Jr . , and R. E . Cabel l , xecuto rs of John E. Rolle r
Estate , whose names are s igned to t h e forego ing deed bearin g
date tlie 16th day of Oc tober , 1929 , have ac knowle d ged the same
before me in my City afores aid .
day of May, 1932 .
My commi ssion expire s the 14th
Given under my h and this the 28th day of
Octob er, 1929 .
Nan
c.
Liskey , N. P .
VIRGIN I A:
In the Clerk ' s Office of the Circu it Court of Rockin gham County . The f ore~o ing deed of BARGAIN AND SALE was
this day presen ted in the office afores aid, and is, to gether
with t he certif icate of acknow ledgm ent annex ed, admit ted to
record .t his 25th day of March 1930 , 4 : 15 P . M.
Teste: J . Rober t Switz er , Clerk o
A COPY
A t t e s t e : ~ d : - n y ~ ~ er k,
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
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Source
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Meadows, JW - Mundy, Margaret
Identifier
An unambiguous reference to the resource within a given context
moubray-r-l.pdf
Title
A name given to the resource
Moubray, R. L.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Gap Run
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): 358
Format
The file format, physical medium, or dimensions of the resource
PDF
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Moubray
-
https://omeka.lib.jmu.edu/erp/files/original/547c1dbe5a36b7e6e6cd2fa33e748e8e.pdf
c81517c2cd9b0a2d45e0db89de1e1c7d
PDF Text
Text
ROCKINGHAM COUNTY
NAME OF CLAIMANT
#233 - Mt . Hebron Church
Number of Acres:
Location.:
6- Lot.
Beldor .
Roads:
2½ miles of fair dirt road to Spotswo od Trail , near Swift Run;
thence 4 miles to Elkton .
Soil:
Sandy clay of good depth and fair fertilit y and has moderate
slopes, southwe st exposure .
History of Tract and condition of timber:
A small portion near the Church was
cleared recently . The woodland has been cut over ,repeate dly in the past .
'f!he present stand consists of mixed oaks and yellow pine up to 6 to 10 11 ,
DBH .
Improvements:
Church Building :
Frame , 28x36 1 , 1 story, shingle roof ,
1 room, ceiled and plastere d, fair conditio n .
Acreage and value of types:
Types
Acreage
Value per acre
Total Value
Ridge:
Slope:
Cove:
Grazing Land:
Fields Restocking:
Cultivated Land :
Orchard:
Minerals:
Value of Land: $ 100 .oo
Value of Improvements: $
Value of Orchard: $
690 • 00
$790 . 00
Total
Value of Minerals : $
Value of Fruit: $
Value of Timber: $
Value of Wood: $
Value per acre for tract: $
131. 66
Incidental damages arising from the taking of this tract: $ None .
~-~
~CLERK
�County: Rockingham
Dis . riot: Stone1all
U233 - I,
t. Hebron Church
creage Claimed:
Assessed:
,,
~lue Cl 1mes],:
Deed: 6 A. -
less
an exception of
4 A
Location: /., Baldor.
Inoumb ances , counter claims or laps:
Soi"l··
Sandy clay or good deptp
/-,,....•
/ /1
slopes
Ir
/ 'oads;
one kno n.
1
nd fair fertility and has moderate
nd south .ast ex?osure.
To and one-half miles of fair.dirt road to Spotswood Trail
/\,,•
near vwift Run; thence four miles to ~lkton.
I
H1storl of trot and condition of ti bcr:
s cl ared recently.
edly 1
the past .
small porti on neur t .1e Church
The wood l and has been out over repeat-
The preset sta~d c nsists
or
mixed oaks
nd
yellov pine up to 6n to 10" DBH.
I ~ proveme 11ts:.
Church building: Frame 28x36' , l story, s h ingle roof, l r oom,
celled and plastered , f al r conuition - $500 . 00 for ohuroh and
l ... nd.
Value of land1 bl types:
I
I
Value
,E_er acre
oreage
otal
Value
6
/
Total va lue of improvements
/
Total vaiue of tract
I
; verag<f va lue 9er acre
j
00.00
500.00
83.33
l
/
/'
\
I
:f
I
,J
I
t
I:
2.Lf'j
�~
H. A.
Shifflett
Estate
• Robert
Shifflett
LI•GRND:
LOT
Count:;:
District:
-
Scale - l" : 20 chains
Rocldne,ne.m
Stonowall
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Source
A related resource from which the described resource is derived
Meadows, JW - Mundy, Margaret
Identifier
An unambiguous reference to the resource within a given context
mt-hebron-church.pdf
Title
A name given to the resource
Mt. Hebron Church
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Beldor
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): 233
Format
The file format, physical medium, or dimensions of the resource
PDF
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Mt. Hebron Church
-
https://omeka.lib.jmu.edu/erp/files/original/b4bdaae9601a035fdb69654dd92415bf.pdf
05fa7cc8431ccf015ea98d0c552e7eb7
PDF Text
Text
NAME OF CLAIMANT
'lp,.uO -
t.
11
Number of Acres:
ot .
Location:
on :::. . .J: :r~un.
Roads:
Four- mi le s coo
ount~:n ro~f to
lkton .
Soil:
History of Tract and condition of timber:
Improvements:
.,...,
1
i l din
_._'re ,e , :38x36 ' ,
De~
1 roo·... , c iled , soli d
fo nd.,.'t i on .
Acreage and value of types:
Types
Acreage
Total Value
Value per acre
Ridge:
Slope:
Cove:
Grazing Land:
Fields Restocking:
Cultivated Land:
Orchard:
Minerals:
Value of Land: $ 6..3. ,..,0
Value of Improvements: $ 1000 . GO
Value of Orchard: $
Value of Minerals: $
'f
Value of Fruit: $
Value of Timber: $
Value of Wood: $
Value per acre for tract: $
Incidental damages arising from the taking of this tract: $
~
:~-~.
~- ./V:Lin~
- - - -.........c---=:;.......;,.c..>--...-;."""'""~----- ' L.'.::-'.::.
�Coun ty,
Dist rict:
#63 -
,Mt . Pleas ant 11. E. Churc•h Soµth
Deed
Asses sed
Acrea ge Claim ed,
fi
Value Claim ed:
Loca tion,
Rocki ngham
Stone wall
on Elk run.
Incum branc es, coun ter claim s
or la:es:
None .
Soil:
Roads :
Four miles good moun tain road to Elkto n.
Histo ry of tract a '1 d cond ition o~ timbe r:
Impro veme nts:
Build ing: Frame, 28x36•, metal
solid r ,, unda. tion .... - -
Acrea ge and vaJ.ue of lnnd by types :
roof, ceile d,
Value
$ 900 . 00
Total
Value
churc h
/buil ding) .
(S~l l clear ed lot Yiith a. few shade treh:i s and conta ining
12er A.
Vclue of t:ract .,. - ... $ 900 ., 00
I
112-
�~
~I
County:
District:
Rockingham
Stone7all
#63- Idt . Pleasant M. F. Church South
N
', .Ii, .¢
Dean,Jr .
LEGEND:
Scale ... l
ff°:
20 cha.ins
51
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Source
A related resource from which the described resource is derived
Meadows, JW - Mundy, Margaret
Identifier
An unambiguous reference to the resource within a given context
mt-pleasant-church.pdf
Title
A name given to the resource
Mt. Pleasant Church
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Elk Run
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): 63
Format
The file format, physical medium, or dimensions of the resource
PDF
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Mt. Pleasant Church
-
https://omeka.lib.jmu.edu/erp/files/original/f5027612d87c76db7cd099152f29d83d.pdf
0d04daca6bd7c0f612c407abb172323b
PDF Text
Text
ROCKINGHAM COUNTY
NAME OF CLAIMANT
# 371 - Mundy, Marg~ret
Number of Acres:
In Swif't Run Gap at the top of the Blue Ridge .
Location:
On the Spottswood Trail •
Roads:
Soil:
3
•Clay Loam
Until recently this particular area
a larger tract .
It was considered unf'it f'or agricultural purposes,but was used
several years ago as a site f'or a stave mill .
Shortly after constructi on work was started on
the Skyline Drive , the present owner purchased
this tract and has partially developed it as a
tourist camp .
History o f Tract a nd condition of timber:
was a part of'
lmpro;vements
Acreage and ;value of types:
Value per acre
Acreage
Types
Total Value
Ridge:
Lot
3
@
$200 . 00
$600 . 0 0
Slope:
Co;ve:
Grazing Land:
Fields Restocking:
Culti;vated Land:
Orchard:
Minerals:
Value of Land: $ 600 . 00
Value of Impro;vement~: ;$
$4500,00
4500 . 00
$5100 . 00
Value of Orchard: $
Value of Minerals: $
Value of Fruit: $
Value of Timber: $
Value of Wood: $
Value per acre for tra_ct: $ 1700 • 00
Incidental damages arising from the t aking of this tract: $
.None
- ~~-..%-.J/~~.~~~~-=-~~CltERK
4
75
�County:
District:
Deeih
Acreage Claimed:
Assessed:
Valu-e Claimed:
Assessed.:
AREA::
Location:
Rockingham
Stonewall
Deed:
3 acre:a
In S'\vitt Run Gap at the top of · the B.lue Ridge.
Rone s.o f'ar as known .
Ineumbran ees, coi.mter elaimS or 1apa i
Soil:
Roads:
on the Spott:swoo d Trail .
Until. r-0cently this
!!!_story of tract and eond1 tion of timber.:
part!dila r area' was a. part of a larger tract . It,
was eons.idere d unfit ~or agricultu ral purpose.a
but v1as- used several years ago a.a n site for a stave
· Shortly af'ter constl'Uct ion work Ylas started
mill.
on the Skyline. Dri.ve, the present owner purchased this
tract and has partially develo~ it as a tourist
$3500. 00
camp •·
Improveme nts:
Hotel or Tea Room: Two story oement block 56x46', solid
?ounaa.Elon, · me£ai root, 15 rooms including bath r.ooll1S
and toilets; plas.tered , eleetrie lighting, and water
s,ystem. Double porch.
Cotta.~ -
One
room, t'rame~ l.2.x14"'; solid foundatio n,
$200 . 00
compos tion Toot. - - - - ... - - - - - - - - .. Cottat;a - Two room, rrame, l.2x24 t;. sol.id foundation ,
$2-SO.OO
eom.posit:t on roof'. - - - - - - - - - - - - - - .. --- ... -.. ......... --- ... -- .. • ,...
y,alue of land, by tlPes: ,.
-
Value
Acreage:
5
--
Total
per acre
Value
,.._....._.
, tiso. oo
$450 . 00
'.Pot.al value of land:
... - ...... - $450 . 00
- ... -$38.50. 00
Total value of traet~
- - - - -$4300 . 00
Totnl value of improveme ntst
Average value per acre; $1433.33
~
~
100 .oo
f:,sso .. oo
�IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY, VIRGINIA.
The State Commission on Conservation and
Development of the State of Virginia
v.
Cassandra Lawson Atkins, and others, and
fifty-two thousand, five hundred sixty-one
acres (52,561) more or less, of land in
Rockingham County, Virginia.
In compliance with the order entered in the
above entitled cause on October 25, 1932, and in response
thereto, your defendant, Margaret E. rrundy, respectfully
states that the trc ct or parcel of land within the area sought
to be condemned, ownership of which is claimed by he~, and
with reference to which he has filed her objections, is the
same tract or parcel which was found by the Appraisal Commissioners to be land owned by her, being tract No. 371, as
shown and delineated on the map filed with the report and
exhibits thereto attached made by said Commissioner s.
....
~ , , . ,,.
Counsel
�Claim of__ Margaret_ E. _ Mundy ----------------------------------------------------In the Circuit Court of__Ro..o.k.ingham____________ County, Virginia, No. ________ , At Law.
The State Commission on Conservation and Development of the State of Virginia, Petitioner, vs._ Margaret _E._ Mundy -----------------------------------------------------
·
Rockingham
· · Def endant s.
more or 1ess, of 1an d m__________
__________ _______ count y, v·1rgm1a,
The undersigned, in answer to the petition of the State Commission on Conservation and Development of the State of Virginia, and in response to the notice of condemnation awarded
upon the filing of said petition and published in accordance with the order of the Circuit
Court of__!tQQ!_cj._J:!gh~----------- County, Virginia, asks leave of the Court to file this
as his answer to said petition and to said notice.
My name is _____ Marg_aret _E. _Mundy---------------------------------------My post office address is ___~!~.!~!l_L_y_:i:_~gJ_I!!~--------------------------------I claim a right, title, estate or in:t. ~...,tin a tract or parcel of land within the area sought
to be condemned, containing about_ __~------- __ ____ _acres, on which there are the following
buildings and improvements =-~-~!:.~~.?:_-~~-1!-~-~!"~-~-~-~~!~1.!:-!_~~~-~~-~~~--~~-~!~-~~~-'
with_ bath ;__3_ brand_ new com__pletely _finished_ cottages ___________________ _
This land is located about__J~.1x ____ _miles from ___El,lc_t.Qil~---- --- - - ------ -- Virginia, in
the_~_~Q!_l_~~~-3:.i __ _Magisterial District of said County.
I claim the following right, title, estate or interest in the tract or parcel of land described above: (In this space claimant should say whether he is sole owner or joint owner,
and if joint owner give names of the joint owners. If claimant is not sole or joint owner,
he should set out exactly what right, title, estate or interest he has in or to the tract or
parcel of land described above.)
Sole owner
The land owners adjacent to the above described tract or parcel of land are as follo,w s:
North __ J"ohn K. _Haney · -------------------- -- -- -------------- ------------------ South __ Gillian _Baug_her________ ___ _____ ___ _________________ _____________ _____ ~
East ___ H. _W. _Wyant ------ ---- - ---- ----- - -------------------------- - ------------West ___ Snap]!, - R. - J" • -----------------------------------------------------------1 acquired my right, title, estate or interest to this property about the year__ J__~~J,.___ in the
following manner:
By_ d e ed f.'r om_Elsie_ B. _Baug)lerJ _ et _als _ bearin_g_ _date_ Dec. _3_, _1931,__and
by deed fro m_J" . _K. _Haney _and_wife bf . da t E3_ Dec. _3 ~-15}31. _______ ___ _____ _
I claim that the total value of this tract or parcel of land with the improvements thereon is $.3_Q.,.O_QQ_.,_Q_Q____ . I claim that the total value of my right, title, estate or interest,
in and to this .tract or parcel of land with the improvements thereon is $- ~Q.,QQQ_._QQ___.
I am the owner of_ __ n.<L ______ ___ acres of land adjoining the above described tract or
parcel of land but lying outside the Park are a, which I claim will be damaged by the proposed condemnation of lands within the Park area, to the extent of $--~--=-:.:-_-:.:.:-_·::: ____ .
(In the space below should be set out any additional statements or information as to
this claim which claimant desires to make; and if practicable he should also insert here a
description of the tract or parcel of land by metes and bounds).
Remarks · _This_ Erope:r-ty_ is_ situate _on _the _to_JL or_ summit_ of t heBl,11.e __
R~dg e _Moun tain _a t _the _i n t ersection_of _the_Sky and _Trail _and _S]lots-__
w_q_Q-g.__Tr..a.11...,__1..s..._unu.s.ual.ly. _w.e.lL...lo.c..a.t.e.d.,-...an.d--is..-wat.er.ed-hy- .f-1.v.e..--------
never-fa iling spring_s. --------------- -- - --- -------- ---------------------- ---- ·___ _
----------------------- - ------------ -------- (Continue remarks if necessary on the back).
Witness my signature ~or my name and mark attached hereto) ~
y
;~~;":~~-~;~-;;;~~;, ~~TY
OF--~-~~-:-;~~~it:
-
The undersigned hereby certifies thaLMa.rgar.e..t._~=-Mund.¥------- - - --------------- the above named claimant personally appeared before ~ n d ma~ oath that the matters
and things appearing in his above answer ar e true to the best of ~knowledge and belief,
this ___ _;3_Q~Q. _______ __ day of ____~_::tQ1l,__ ____ __~ ·
m,
~
·-----
Clerk of the Gem t, or Special Invest--i-gator-oI?-Notary Public, or Justice of t he- Peae~
1 JO
�Qlnmmnuwraltq nf Birgiuia
TREASUER'S OFFICE
RI C H M O N D , VA ,
May 28 ., 1934
JOHN M. PURCELL
TREASURER OF VIRGINIA
This is to certify that I , J . M. Purce ll , Treasurer
of Virginia have this
2 8 day of Ma y
in accordance
with an order of the circuit court of Rockingham County
da ted
5 / 25 / 34
in the cause of the State Commission
on Conservation and Development of the State of Virg i nia
vs . ---------'C
"'a-s....s=a...n..,,d,. .r. . .a,-'--'L=aVi_,,r__...s=o=n=--=A=-t=k=i==n s _ _ _ _ _ _ _ __
IJaid t
John T . Harris and D. W. Earman , Attorneys for
Marg aret E . Mundy
$1,025 . 41 being in full settlement of tract # 371
O
in the above mentioned cause .
(
�<nnmmnunttaltq of llirgiuta
TREASURER'S OFFICE
RICHMOND, VA.
JOHN M. PURCELL
May 2 8 , 1934
TREASURER OF VIRGINIA
John T. Harris and D.
Margaret E . Mundy
w.
Earman, Attorneys for
Received of J.M. Purcell, Treasurer of
Virginia, the sum of$ 1 1 025.4 1 , in accordance
with an order of the Circuit Court of the county
of_~R~o~c=k=i=n=g~hrun==----
entered on the
26th day
of_~M~a_y _ _ l93L , in the matter of the State
Commission on Conservati on and Deve lopment v _ __
__C_a_s_s_a_n_dr_a_L_a_w_s_o_n_A_t_k_i_n_s___ and others, being
full and complete settlement for the tract of land
known in said proceeding as
# 371
~ trltci.. ~
'
~
h-
~7.~
~
«4,
I
•
Si gn ori g ina l and dup li cat e
a nd r e turn to the Treasur er
of Vi r gin i a .
15'
�Qlnmmnuwraltq nf llirgiuia
TREASUER ' S OFFICE
RI C H M O N O , VA ,
JOHN M. PURCELL
May 28 , 1934
TREASURER OF V I RG I NIA
This is to certify that I , J.M . Purcell , Treasurer
of Virginia have this 28
day of May
in accordance
with an order of the circuit court of Rockingham County
in the cause of the State Commission
on Conservation and Develo:pment of the State of Virginia
vs. _______C
=a=s_s=a=d_n~r~a~ L
_a=v
='-s=o_n~A-t~l~{_in_s~a_n-a_ o_ th
_ e~r-s~ - :pai d t
O
$ 523 . 75
Virginia M. Ritchie
being in full settlement of tract #
371
in the above mentioned cause .
1$1-f
�Qtnmwnuwtalt(f nf l!Jirgiuta
TREASURE R'S OFFICE
RICHMOND , VA.
May 28 , 1934
JOHN M. PURCELL
TREASURER OF VIRGINIA
Virginia Tu . Ritchie
Received of J.M. P u rcell, Treasur er of
Virginia , the sum of $_5_ 2 _3_•_7_5__ , in accordan ce
with an order of the Circuit Court of the county
of
Rock ing ham
___ l93~
_ ay
of __M
entered on the
26th
day
, in the matter of t h e State
Commiss ion on Cpnserv ation and Development v _ __
ra_Lawson
Cassand
__ __ _ __ and ot h ers, being
_ _ _ _Atkins
__ _ _
__
full and complete settleme n t for the tract of land
known in said proceed ing as #- -3~7~1~- -
Sign origina l and duplica t e
and return to the Treasur er
of Virginia .
�mnmmnuwraltq nf ]Hrginia
TREASUER'S OFFICE
RI C H M O N D , VA .
JOHN M. PURCELL
May 28 , 1934
TREASURER OF VIRGINIA
This is to certify that I, J.M. Purcell, Treasurer
of Virginia have this
28
day of May
in accordance
with an order of the circuit court of ~ffl~ham County
datAd
5 / 26 / 34
in the cause of the State Commission
on Conservation and Develo:pment of the State of Virginia
vs • _ _ _ __ ___,C
"'"'a
........
s =s=a=n=d=rc-=ac=.. . . .L
,=-a=w
= s-=o-=n=---i'~t=k
\. =1=·n= s----"'a=n=d=--o"'-t-"-h= e=r-"'s'--_ _
:paid to
$ 517 .75
D.
w.
Earman , Executor of
s.
F . Bonts, deceased
b e ing in full settlement of tract #------'3:;..7. ;. ;1:=-
in the abov e mentioned cause.
lSb
�Qtomu,nuwralt11 of 1!Iir9iuta
TREASU RER'S OFFICE
RICHMO ND, VA.
.JOHN M. PURCELL
May 28, 1934
TREASURER OF VIRGINIA
D. V. Earma n, Execu tor of
s.
F . Bents , Decea sed
Receiv ed of J.M. Purce ll, Treas urer of
Virgi nia, the sum of$ 517 . 75
, in accord ance
with an order of the Circu it Court of the county
of_~R=o~c~k~i-·n"'-eg~h=am..,..._____ entere d on the
26th
day
of _ _~M=a-y_l93 _4_ , in the matte r of the State
Comm ission on Conse rvatio n and Develo pment v _ __
-~C~a=s~s~a=n=d=r~a~L=a=w~s~o=n~A~t~k~i=
· n~s___ and others , being
full and compl ete settle ment for the tract of land
known in said proce eding as # -3~7_1_ __
Sign origin al and duplic ate
and return to the Treas urer
of Virgi nia.
151
�(!lnmmnnwraltq nf ]Iirginia
TREASUE R'S OFFICE
Rt CHM ONO . VA~
JOHN M, PURCELL
May 28 , 1934
TREASURER OF V I RGINIA
Th is i s to certify that I~ J . M. Purcell, Treasur er
of Virginia have this 28 day of.. .J,c.=fa=-.y_ __ in acco r dance
with an order of the circuit court of Rockingh am County
dat e~a__5~/_2_6-/_3_4__ in the cause of the Stat e Commiss i on
on Conserv ation and Develo:pm ent of the Stat e of Virg ini a
vs •- - - - - - ~C
~a...........
s .s~a
. . . n.. . . ,d
._....,r. . .a~ L
=.u.
a ....
w'"""s.....o. .u. .,__A
~ tk
......j .....n.._s.. . . . .aa....,1.....d...,__.. ,o__,t_.....h,...e....r....s-- :pai d t o Annie L. Huffman
$1 , 567 . 50
be i ng in f ull set tl ement of tract # 3 71
in the above menti oned cause .
�QJ:ommnnwtalt4 of 1!1irginta
TREASU RER'S OFFICE
RICHMO ND, VA.
JOHN M. PURCELL
TREASURER OF VIRGINIA
May 28 , 1934
Annie L. Huffma n
Receiv ed of J.M. Purcel l, Treasu rer of
Virgin ia, the sum of $ 1, 567 . 50 , in accord ance
with an order of the Circui t Court of the county
of ___R~o~c~k=i=n=g~
?;h_am
____ entered on the
of
May
2 6 th day
_193_i_ , in the matter of the State
Commis sion on Conser vation and Develop ment v _ _ _
___C_a_s_s_a_n_d_r_a_L_a_w_s_o_n__A_t_k_i_n_s_ _ _ and others , being
full and comple te settlem ent for the tract of land
known in said procee ding as #___3_7_1__
Sign origin al and duplic ate
and return to the Treasu rer
of Virgin ia.
�--
Olnmmnnwralt4 nf ]lirginia
• TREASUER'S OFFICE
Rt
C H M O N D ,
VA .
May 28 , 1934
JOHN M. PURCELL
TREASURER OF V I RGINIA
Thi s i s t o c e rtify that I , J . M. Purcell, Treasurer
of Virginia have this 28
day of May
i n accordance
wi th an order of the circui t court ofRo ckin~ham County
dat Ad
5/26/ 34
in the cause of the Stat e Commi ssion
on Conservation and Deve l oIJment of the State of Virginia
Cassandra
Lavrnon Atkins
and others. . : : ; _ - vs . - - - - - - - - - '"
- = ' = = = =-=:..._.;;:c;..=.;.:.=...:::..::.::......
..::..::..=== -..c::.=::....::.::..___::_..::.==.
:paid t o_ ---=E::. .•: . . . . .G
;: :. . .=. . _1.:'J=
. :. i =
e=
n =e-=r_ ___ _ _ _ _ _ _ _ _ __ _ _ _ __
$ 1, 855 . 88 be ing i n f ull s ett leme nt of tract # 3 71
in the ab ove mentioned cause .
•
151-.
�(!lnmtnnuwtalt11 nf ]Iirgiuta
TREASU RER'S OFFICE
RICHMO ND, VA.
JOHN M. PURCELL
TREASURER OF VIRGINIA
May 28 , 1 934
E. G. Wiener
Receiv ed of J.M. Purce ll, Treas urer of
Virgi nia, the sum of$ 1 , 8 55 • 88 , in accord ance
with an order of the Circu it Court of the county
Rockin gham
f
26th day
0 - - - - -- - - - - - entere d on the
of _ _ l_l _ay
_ _ 193_!_ , in the matte r of the State
Comm ission on Conse rvatio n and Develo pment v _ __
_ __C_a_s_s_a_n_d_r_a_L_a_~_N_s_o_n_ A_t_k_i_
· n_s ___ and others , being
full and compl ete settle ment for the tract of land
known in said proce eding as # _3_7_ 1_ _ __
Sign origin al and duplic ate
and return to the Treas urer
of Virgi nia.
•
153
�I
STATEMENT
OF
)
MARGARET E. MUNDY
STATEMENT OF COSTS, POSTAGE, ETC.:
D. W. Earman, p.q.
�THE STATE COMMISSION ON CONSERVATION AND DEVELOPMl!NT OF VIRGINIA
vs.
CASSANDRA LAWSON ADKINS, l1'J.' ALS, and 3 acres of land in Rockingham
County, Virginia.
No. 371 at Law
Statement of Margaret E. Mundy,
0
• .~
.!" the Clerk's Office
ockmgham County, Va.
(Arbitration)
I, Margaret E. Mundy, am the sole
AU GJ-f 1933
41?..,L~~
owne~~~~~
Clerk
of a certain tract of land, consisting of three acres, more or
less, shown on the County Ownership Map filed in the condemnation
proceedings as No. 371.
This tract of land is situate on either
side of the Spotswood Trail in Rockingham County, Virginia at a
point only a few feet away from where said Trail intersects with
the famous Skyland Trail, is improved by brand new modern fifteenroom hotel and three tourist cottages, that said real estate is
watered by four never-falling springs, and is unusually well
located as a business site; that my estimate of the value of said
property is as follows:
To actual cost of hotel and 3 cottages $10,282.90
" value of land, three acres more or
less
1,000.00
" value of land on account of its
location for business purposes,
" otel site, filling station site,etc. 14,000.00
Total
$25,282.90
~---,-·
C!-.-c-c.•••«-e..
STATE OF VIRGmIA, City of Harrisonburg, to-wit:
This day personally appeared before the undersigned,
a notary public in and for the city aforesaid, in the State of
Virginia, Margaret E. Mundy, who ma.de oath that the facts set out
,in the foregoing statement are true to the best of her knowledge
a nd belief.
Givan under my
hand
c,::;:::,yitu~o::c
Notary Public
My commission expires March?, 1936.
~---~~-- ---------~ ---------- -----~--- ---b~
�STATE COMMISSION ON CONSERVATION & DEVELOPMENT OF VIRGINI.I
vs.
CASSANDRA LAWSON ADKINS, et
als and 3 acres more or less
of land in Rockingham County
Virginia
No. 371 at Law
Statement of Margaret E Mundy
LA\\~ OFJ'I CES OF
D . vV.i\MPLF:R EARMAN
H A KRT SONBURG,VA.
CO MM O N WEALTH 'S ATTOR N EY
�LAW OFFICES
D . WAMPLER
EARMAN
HA.RRISONB U RO , VA..
COM M O N W E A L T H' S A TT O RNE Y
August 28, 1933
Hon. Phillip Williams, Chairman
Land Tract Board of Arbitration
Winchester, Virginia
Dear Sir:
This is to advise you that D.
w.
Earman is
my attorney in the matter of the condemnation of
three acres of land, No. 371 at law, in the matter of
the State Commission of Conservation and Development
z,
of the State of Virginia against ~acres of land
situate in Rockingham County, Virginia .
Very truly yours,
7/
�,.,, Qft\ce
fi\ed ,n the C\er'(\. V
Rockingham Cou~ty a.
:.IUNDY , UARG.ARET E .
SEP
3?1
ROCKD GE.. '! C Ui\J'lY
1
\933
F~\er(.
R ' . ARBI _r:I'IOY J.,_GREEI.Gi~TS sub:m.i tted to the Governor e.rising
in or out of Conde::n.n,tioh Proceedings pending in the Circuit Court
of Virgini~ under authority of the Shenandoah rational park Act .
I
EXCEPT \lT :
I.!undy , : ! rgaret B.
CL.,.r:: :
RIGI J
V.t-.>.LUE P ~CBD
..:.cre e::;e 3 : Value )30 , 000 . 00 : rnc.Dainages , None
11R"' CT BY P.c.TI·1I ,_t;R ' S ,.pp ...I SERS :
1
VALUE
•
3?1
,}4 , 300 . 00
None
FLIDL~GS :
.!AP NULB
OF
rrt_.,C'I :
371
V..:.LUE OE' TR .. C'11 :
TR. CT
371
r~o .
V..;.LUE
.,p5 , 100 . 00
DJCID.u . r L D..... !.AGES
None
�The basic differences between Petitioner and ~his
exceptant are as to the classificatio n and value of the land,
and improvements , and buildings.
Although we believe the values reported by the
Petitioner's appraisers were very liberal and that the findings
of the Board of Appraisal Commissioner s as to values are sub~
stantially too high, we have accepted and will not seek a lower
valuation than their findings as shown on the above tables in
this case.
As to the classificatio n of the land and the other
elements of value we submit that these matters are correctly
set forth in the Work Sheet of the Board with references to this
case, and not as set forth in the exceptant•s statements.
This
Work Sheet is filed with the record and a copy of this Work Sheet
is submitted with copy of the record tendered herewi~h, and
additional copies of the Work Sheet in this case will be furnished
if desired.
Subscribed to and verified before me this the
(ff
day of
September, 1933.
73
�IN THE CIRCUIT COORT OF ROCKINGHAM COUHTY, VIRGINIA.
STATE COIAMISSION ON CONSERVATION AND
THE STATE OF VIRGINIA
Fil d in the Clerk's Office
Rockingham County, Va,.
DEVELOPMENT OF
v.
MARGARET MUND Y a.nd three acres or land
and improvements in Rockingham County.
SEP lc2I 1932
j-ff.~41 erk
On moti ~n or Margaret Mundy, praying said court to disapprove and
to decline to accept the finding or the Board of Appraisal Commiseioners heretofore appointed by said court in tho above matter, where in said board reported un-
der No. 371 of their findi11gs as filed in the Clerk'• Office of said court, that
the three acree or land, with the improvements thereon, found by said board to be
the property of the moveant was valued at only ~5100.00.
The grounds or said motion a re as follows:
lat:
That the price for said land and improvements ia manifestly
inadequate as more fully appears from the affidavits attached hereto, which are
~skad to be read in support of these exceptions.
2nd:
That the finding of said Board was based upon a mistake or law
as to the nature and effect of tne evidence produced before said Board by the
above named party.
3rd:
That the finding of said Board is apparently from the state-
ments contained in it s report b~sed upon the physical character of the land alone,
without taking into consid eration or ~t least without giving any effect in its
fina.l decision to the income producing capacity of the property, all of which will
mor~ readily appear from the affidavits attached. hereto, which a.re asked to be
read in support of these exceptions.
'151
�In the Circuit Court of Rockingh am County, Virginia .
Stat e Commission on Conservation and
Development of t ~e State of Virginia
v.
Marga ret Mundy and three a cres of land
with improvements thereon, in Rockingham County. ·
Affidavit of Dr.
F. J. Miller to be rea d in
connection wit j t he motinn filed by Marga retMundy t o ha ve the
findings o f the Bo a rd or Appraisa l Commissio ners disapproved
in connection with its finding No. 3?1.
STATE OF VIRGINIA
CITY OF HARRISONBURG, to-wit:
F. J. Miller this day personall y appea red before
me, Pauline L. Hulvey, a notary public in and for the city
and stL. t e aforesaid, in my city af oresaid, and being duly sw orn
dep oses and says:
Th atI am a practicing phys ici a n and f a rmer;
that I am famili a r wit h the l a nd owned by Marga retr. .rundy, consisting of three a cres, improved by a hotel and other buildings, which the Government is seeking to condemn; thatI ha ve
visited t h is property recently on four occasions, ha ve gone
over t he hotel, and taking into c onsideration t h e business site
and loca ti on of t .iis property, it is, in my opinion, worth,at
a conserva tive estima te today $25,000 . 00.
Subscribed and s~
of Septembe~ 1932 .
o~
h~ : d:
�•
IN THE cmctilT COURT OF ROCKINGHAM COUNTY' VIRGINIA.
STATE COMMISSION ON CONSERVATION AND
DEVELOP!BNT OF THE STATE OR VIRGINIA
v.
M.\..Ti.GARET MUNDY and three acres or land
and improvements in Rockingham County.
Affidavit or Marvin Mundy to be read in connection with the motion
filed by Marga.rot Mundy to have the findings or the Board or Appraisal Commissioners disapprove,{j,n connection with its finding No. 371.
STATE OF VIRGINIA,
CITY OF HARRISONBURG, to-wits
Marvin Munday thia day peraonally appeared before me, Pauline L.
Hulvey, a notary public in and for the City and State aforesaid, in my city
aforesaid, and being duly sworn, deposes and says:
'lht1t I am the husband of Margaret Mundy, the owner of the thNe acre
tl'llct of land improved by a hotel and other buildings, situate on the summit ot
the Blue Ridge Mountain in Rockingham County, Virginia, and reported by the Board
or
Appraisal Commissioners ii:1 the above ant it led matter under their finding No.
3'Tl.
That the tract of land above referred to is situate on either side
of the Spotswood Trail at a point only a few feet away from where said trail intersects with the famous 5kyland Trail and is an unsuaully valuable tract of land
because it is ideally located as a business site; that it is forty-two milss tram
this land to where the Lee Highway intar3ects the said Skyland Trail, tne said Leo
Highway being the near~st road to the Spotswood Trail that crosses the Blue Ridge
Mountains; that said land is improved by a brand new modern fifteen-room hotel,
and tourist cottages; that said real estate is well watered by four never-failing
springs; that this is the only water on said mountains within a r&dius of a mil3,
with the exception
or
one or two other springs.
The aforesaid land being condemed in this cause is inco• producing
- - - - - - - - - - - - - - -~53
�-2-
.•
property; that I live in the hotel on it with my family, it is not for sale, and
I hereby raquast that the same be omitted from the contemplated park area.
actual value of this property, in my opinion, is not less than $25,000.00.
Subscribsd and sworn to before me this 12th day
1932.
or
September,
The
�IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY, VIRGINIA.
STATE COMMISSION ON CONSERVATION AND
DEVELOPMENT OF THE ST_\TE OF VIRGINIA
v.
MARGARET MUNDY and three acres of land
and improvements in Rockingham County.
Affidavit of Margaret Mundy to be read in cgnnection with the motion
filed by her to have the findings of the Board of Appraisal Com.~issionera disapproved in connection with its finding No. 371.
STATE OF VIRGINIA,
CITY OF HARRISONBURG, to-wit:
Margaret Mundy this day personally appeared bafor~ me, Pauline L.
Hulvey, a 11otary public in and for the City and State aforesaid, in my city afores~id, and being duly sworn, deposes and says,
That I am the owner of the three acre tract of land improved by a hotel and other buildings, situate on the swnmit of the Blue Ridge Mountain in Rock•
ingham County, Virginia, and reported by the Board of Appraisal Commissioners in
the above entitled matter under their finding No. 371.
That the tract or land above referred to is situate on either aide or
the Spotswood Tra1l at a point only a few feet away from where said trail intersects with the famous Skyland Trail and is an unusually valuable tract or land because it is ideally located as a business sits; that it is forty-two miles from
this land to where the Lee Highway interaacts the said Skyla.nd Trail, the said Lee
Highway being the nearest road to the Spotswood Trail that crosses the Blue Ridge
Mountains; that said l.lnd is improved by a brand new modern fifteen-room hotel, and
tourist cottages; that said real estate i~ well waterad by four never-failing
springs; that this is the only water on said mountains within a radius of a mile,
with the exception of one or two other springs.
The aforesaid land being condemned in thia cause is income producing
property; that I live in the hotel on it with my family, it is not tor sale, and I
hereby request that the same be omitted fro~ the contamplated park area.
The act-
�-2--
ual value or this property, in my opinion, io not less than $25,000. oo.
Subscribed and sworn to before me this 12th day or September,
1932.
�THE COMMONWEALTH OF V IRG JNIA :
TO THE SHERIFF OF ROCKINGHAM COUNTY, GREETING::
YOu are hereby commanded to summon Dr. F • •
M:1.1) er and
o.
M._ M ~ t ~ t : - ~:ef'cre the Board of' Arbi-
trators, at the Court House of' Rockingham County, Virginia, on
Wednesday, the 10th day of January, 1934, at 10 a o mo, to
testify and the truth to say on behalf of' the Defendant in
the condemnation proceedings of State Commission on Conserva- :;
tion and Development of' the State o'f' Virginia v. Margaret E.
~
/
Mundy.
And have then and there this writ.
IN WITl'TI!SS W.HE!REOF, I hereunto set my hand,
asdC4.erk of the Circuit Court of Bockinghan. County, Virginia,
at the Court House thereof, this, the 6th day o:f January, 1934,
and in the 158th year of the Commonwealth.
11
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�THE COMMONWEALTH OF VIRGmIA:
TO THE SHERIFF OF PAGE COUNTY, GREETmG:
You are hereby commanded to summon J. P. Hockman
to appear before the Board of Arbitrators, at the Court House of
Rockingham County, Virginia, on Wednesday, the 10th day of January, 1934, ~t 10 a. m., to testify ahd the truth to say on
behalf of the Defendant in the condemnation proceedings of
State Commission on Conservation and Development of the State
of Virginia v. Margaret E. Mundy .
/
0
And have then and there this writ.
IN
WITNESS WHEREOF ,
/
I hereunto set my hand,
as Clerk of' the Circuit Court of Rockingham County, Virginia,
at the Court House thereof, this, the 6th day of' January, 19M,
and in the 158th year of the Commonwealth.
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�IN THE CIRCUI T COURT OF ROCKINGHAM COUNTY, VIRGIN IA.
·,
STATE COMMISSION ON CONSERVATION
AND DEVELOPMENT OF VIRGIN IA
v.
Petitio ner
At Law No. 1829
CASSANDRA LAWSON ATKINS AND OTHERS
On this
--l
Defend ants
day of May, 1934, came Margar et E. Mundy,
and on her motion leave is given her to file her applic ation for
disburs ement of the sum of Fifty-f our Hundre d Ninety Dollar s and
Twenty -nine Cents ($5490 .29), the amount of the award fixed by the
Arlitra tion Board set out in the judgme nt of condem nation of Tract
No. 3?1 and he~eto fore paid into Court.
And likewi se came Annie L. Huffma n, Virgin ia M. Ritchi e,
D.
w.
liarm~n, Execut or of
s.
F. Bonts, Deceas ed, and E.G. Wiener,
who ask permis sion to file their answer to said applic ation, which
is accord ingly done.
And it appear '~o the Court that Margare t E. Mundy is
investe d with a superi or or better right of claim or title in and
to said tract of land No. 3?1 than any other person or person s;
that the taxes due on said Tract No. 3?1 have been paid, and that
the intere st of said Margar et E. Mundy in said tract of land is
subjec t to the liens of certain deeds of trust in favor of Annie L.
Huffma n, Virgin ia M. Ritchi e, D. w. Earman , Execut or of s. F. Bents,
Deceas ed, and E.G. Wiener, they being the (alder s of bonds for the
Forty- three Hundre d Ten Dollar s and Sixty-t wo Cents ($4310 .62)
thereby secured ;
Upon consid eration whereo f it is consid ered and ordered by
the Court that said Fifty-f our Hundre d Ninety Dollar s and Twenty nine Cents ($5490 .29) paid into Court by petitio ner as just compen sation for Tract No. 3?1 be disburs ed as follow s:
1.
To Annie L. Ffu.ffman Fifteen Hundre d Sixty-s even Dollar s
and Fifty Cents ($1567 .50), $150Q.OO being princi pal amount of bonds
held by her, and $6?.50 being intere st on two of said bonds from
�2.
August 15, 1933 to June 1, 1934, and the other bond from Octobe r 2,
1933 to June 2, 1933;
2.
To Virgin ia M. Ritchi e Five Hundre d Twenty -three Dollars and Sevent y-five Cents ($523. ?5). $500.0 0 being princi pal
amount of bond held. by her, and $23.?5 being intere st on said bond
from August 15, 1933 to June 1, 1934;
3.
To D.
w.
Farman , .Execut or of S. F. Bonts, Deceas ed,
F1ve Hundre d Sevent een Dollar s and Sevent y-five Cents ($51?.? 5),
$500.0 0 being princi pal amount of bond held by him, and $1?.?5 being intere st on said bond from November 2, 1933 to June 2, 1934;
4.
To E.G. Wiener the sum of Eightee n Hundre d Fifty- five
Dollar s and Eighty -eight Cents ($1855 .88), $1810.6 2 being princi pal
amount of bond held by him, and $45.26 being intere st on said bond
from December 29, 1933 to May 29, 1934; and
5.
The balanc e of said award, One Thousa nd Twenty -five
Dollar s and Forty-o ne Cents ($1025 .41) to be paid to John T. Harris and D. W. Earman , Attorn eys for Margar et E. Mundy.
And the Clerk of this Court is directe d to transm it acertified copy of this order to the Treasu rer of Virgin ia, who shall
disbur se this sum of Fifty-f our Hundre d Ninety Dollar s and Twenty nine Cents ($5490 .29) as above set out, taking from Annie L. Huffman, Virgin ia M. Ritchi e, D. W. Farman , .Execut or of
E. G. Wiener , and John T. Harris and D.
w.
s.
F. Bonts,
Earman, Attorn eys for
Margar et E. Mundy, receip ts for the amount s paid them, and certify
such paymen t to the Clerk of this Court for approp riate entry thereof as require d by law.
Enter:
Judge
�C!tltrk'11 @ffi.et
HON. H. W. BERTRAM
JUDGE
J.
ROBERT SWITZER
<!Lirruit <!Lnurt nf Jnrkingqam <!Lnuttt}l
!ifa~~isonhu~g, !li~ginia
CLERK
DEPUTIES
W . EDGAR SIPE
MARGIE BOWERS
MARGAIIIET BRANUM
STATE OF VIRGINIA
COUNTY OF ROCKINGHAM, to-wilt:
I, J. Robert Switzer , Glerk of the Circuit
Count of Rockingh am County do hereby certify tha t the
records in my office do not show any delinque nt taxes
against the tract of 2 acres 3 roods and 39 poles of
land .i n Stonewa ll Distric t, Rockingh am County, Virginia ,
assessed in the name of Margare t E. Mundy.
1934.
Given under my hand this 25th day of May,
----,Attorney
-,--- ----- -- ,
0. K.
).oS
�M. H. HAR RIS ON
TREA SURE R OF ROCK INGH AM COUN TY
HARR ISONB URG, VIRGI NIA
May 24th , 1934
To Whom It May Conc ern:I hereb y cert ify that the reco rds
of my affic e sho~
at Mar~a ret E. Mun~y has pai~ the taxe s
year
~ f / U , v , ~ ' ) ~ ~-~
,T)
~nr the/1 933 on"& t1a•::iis &11:Et- 2 acre
s, 3 rood s and 9 f,ole s/
~~
:
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~
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t:~
~
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ll.
k;
[:-.
~
Ul
'.)
~
::-
~
:tttR& , situa te in Ston ewal l Sist rict , Coun ty of
Rockinghamo
All taxe s prio r to that time , if any unpa id, are a matt
er
reco rd
of~ inf the Clerk s Offic e of 88.fld coun ty.
GiKen unde r my had this 24th day of
May 1934 .
�IN THE CIRCUIT COURT OF ROCKINGHA1.1 COUNTY, VIRGINIA.
STATE COMMISSION ON CONSERVATION
AND DEVELOPMENT OF VIRGINIA
v.
Petitioner
At Law No. 1829
CASSANDRA LAWSON ATKINS AND OTHERS
Defendants
The joint and separate answers of Annie L. Ifuf:fman, Virginia M. Ritchie, D.
w.
Earman, Executors. F. Bonts, Deceased, and
E.G. Wiener to a petition filed in this cause in the Circuit Court
of Rockingham County, Virginia by Margaret E. Mundy.
These respondents for answer to said petition, or to so
much thereof as they are advised it is material for them to answer,
answer and say:
That it is true that petitioner conveyed the real estate
more fully set out in said petition situate on the Blue Ridge Mountain in Rockingham County, Virginia, known and designated on the
map of the Park lands as Tract No. 371 to D.
w.
Earman, Trustee,
by the following described deeds of trust to secure the indebtedness
therein set forth:
1.
Deed of trust bearing date February 15, 1932 recorded
in the Rockingham County Clerk's Office in Deed Book 151, page 319
securing the payment of three Homestead Waiver bonds in the sum of
Five Hundred Dollars ($500.00} each, bearing date February 15, 1932,
due and payable three years after date to Margaret E. 1fu.ndy and Marvin Mundy, and by them endorsed, two of which said bonds are now
being held by your respondent, Annie L. Huffman, and the other bond
now being held by respondent Virg inia M. Ritchie, on which said bonds
interest is due from August 15, 1933.
2.
Deed of trust dated April 2, 1932 recorded in the said
Clerk's Office in Deed Book 151, page 514, securing the payment of
a certain Homestead Waiver bond in the sum of Five Hundred Dollars
($500.00) dated April 2, 1932, due and payable to Margaret E. Mundy
i 10
�2.
and M. Mundy, and by them endors ed, and now held and owned by your
said respon dent, Annie L. Huffma n, which bond mature d one year from
its date, and on which intere st is due from Octobe r 2, 1933.
Deed of trust dated November 4, 1932, recorde d in the
afores aid Clerk' s Office in Deed Book 153, page 346, securin g the
3.
paymen t of a certain Homest ead Waiver bond in the sum of Five Hundre d
Dollar s ($500.0 0) dated November 4, 1932 due and payabl e one year
after date to bearer , which said bond is now held and owned by your
respon dent D.
w.
Earman , Execut or of
s. F.
Bonts, Deceas ed, on which
said bond intere st is due from November 4, 1933.
Deed of trust dated December 29, 1933 recorde d in said
Clerk' s Office in Deed Book 156, page 257 securin g the paymen t of
a certain Homest ead Waiver bond in the sum of Eightee n Hundre d Ten
4.
Dollar s and Sixty-t wo Cents ($1810 .62), with intere st from December
29, 1933 due and payabl e to your respon dent E.G. Wiener , or order,
one year after date, on which said bond intere st is due from December 29, 1933.
Your respon dents join in the prayer of said petitio n for
the distrib ution of said fund as set out therein ; and they will
ever pray, etc.
,Z..11
�IN THE CIRCUIT COURT OF ROCKINGHAIJ COUNTY, VIRGINIA.
STATE COMMISSION ON CONSERVATION
AND DEVELOPMENT OF VIRGINIA
v.
Petitioner
At Law No . 1829
CASSANDRA LAWSON ATKINS AND OTHERS
Defendants
TO THE HON. H. W. BERTRAM, JUDGE OF S.AI D COURT:
Your petitioner, Margaret E. Mundy~ respectfully represents:
That a judgment in rem has heretofore been entered in
this proceeding condemning to the use of petitioner the fee simple
estate in a tract of land formerly the property of your petitioner,
situate in the Blue Ridge Mountain in the eastern portion of Stonewall District, Rockingham County, Virginia, which tract is described
in the report of the Board of Appra isal Commissioners appointed
herein, and shown, numbered, and delineated on the County Ownership
Map filed herewith as Tract No. 371 at the price of Fifty-four
Hundred Ninety Dollars and Twenty-nine Cents ($5490.29).
Your petitioner further shows to the Court that all taxes
on said property have been paid to and including the year 1933, and
she herewith files certificates to that effect from M. H. Harrison,
Treasurer of Rockingham County, Virginia, and J. Robert Switzer,
Clerk of the Circuit Court of said County, which certificates are
marked nEx. Certificate No . l" and "Ex . Certificate No. 2", respectively, and the same are prayed to be read as a part hereof.
Your petitioner further shows to the Court that there are
four liens on said property, which are deed of trust liens, to secure the payment of the following debts:
1.
Deed of trust executed by Margaret E. Mundy and Marvin
Mundy, her husband, dated February 15, 1932 to D. W. I!arrnan, Trustee,
recorded in the Clerk's Office of Rockingham County, Virginia in
Deed Book 151, page 319, securing the payment of three Homestead
�2.
Waiver bonds in the sum of Five Hundred Dollars ($500.00) each, bearing date February 15, 1932 due and payable three years after date to
Margaret E. Mundy and Marvin Mundy, and by them endorsed, two of
said bonds now being held and owned by Annie L. Huffman and the other
bond now being held and owned by Virginia M. Ritchie, on which said
bonds interest is due from August 15, 1933.
2.
w.
Deed of trust executed by the aforesaid Mundys to D.
Farman, Trustee, dated April 2, 1932, recorded in the aforesaid
Clerk's Office in Deed Book 151, page 514, securing the payment of
a certain Homestead Waiver bond in the sum of Five Hundred Dollars
($500.00) dated April 2, 1932, due and payable to Margaret E. Mundy
and M. Mundy, and by them endorsed, and now held and owned by said
Annie L. Huffman, which said bond fell due in one year from date and
on which interest is due from October 2, 1933.
3.
Deed of trust executed by said Mundys to said D.
w.
Farman, Trustee, bearing date November 4, 1932 recorded in the aforesaid Clerk's Office in Deed Book 153, page 345, securing the payment
of a certain Homestead Waiver bond in the sum of Five Hundred Dollars
($500.00) dated November 4, 1932 payable to bearer one year after
date, which said bond is now held and owned by D. W. Farman, Ex:ecutor
of
s.
F. Bonts, deceased, on which said bond interest is due from
November 4, 1933.
4.
Deed of trust executed by said Mundys to said Earman,
Trustee, dated December 29, 1933, recorded in said Clerk's Office
in Deed Book 156, page 257, securing the payment of a certain Homestead Waiver bond in the sum of Eighteen Hundred Ten Dollars and
Sixty-two Cents ($1810.62), with interest from December 29, 1933 due
and payable to E.G. Wiener, or order, one year after date.
The original deeds of trust are herewith filed marked
"Exhibits Deeds of Trust Nos. 1, 2, 3, and 4," respectively , and the
same are prayed to be read as a part hereof.
That no other person or persons than your petitioner and
21 3
�3.
the parties holding said obligati ons above referred to, namely,
Annie L. Huffman , Virginia M. Ritchie, D.
w.
Earman, Executo r of
S. F. Bonts, deceased , and E.G. Wiener, are entitled to share
in said award.
Vlli:EREFORE, your petition er prays that she may be made
a party herein and be allowed to file her petition in these proceeding s; that the said Annie L. Huffman , Virginia M. Ritchie ,
D. W. Earman, Executo r of s. F. Bonts, deceased , and E.G. Wiener
may be made parties defendan t to this petition and be required to
answer the same, answer under oath being waived; that an order may
be entered in this proceed ing for the distribu tion of said award,
and that your petition er may have such other and further relief
as the nature of the case may require.
STATE OF VIRGINIA,
CITY OF HARRISONBURG, to-wit:
This day Margare t E. Mundy, the petition er in the above
entitled matter, persona lly appeared before me, Pauline M. Andrus,
a notary public in and for the city and state aforesa id, in my city
aforesa id, and being duly affirmed , deposes and says:
That I am the petition er in the above entitled matter.
I am acquain ted with the contents of the above petition , and do
hereby state that the matters of fact therein set forth are true,
to the best of my knowledg e and belief.
Subscrib ed and worn to before me
this 24th day o~ May, 1934.
(j~7'u,~
Notary Public
21~
�THIS DEED made this 15th day of Febru ary, 1932 by and
betwee n Marga ret E. Mundy and M. Mundy, her husban d, partie s of th
first part, and D. w. Earma n, Truste e, party of the second part,
WI T N E S S E T H :
That for and in c onside ration of the sum of FIVE DOLLARS ($5.00 ) cash in hand paid by the party of the second part to
the partie s of the first part, the receip t Tihere of is hereby acknowl edged, and upon the trust herein after declar ed, they, the
I said
partie s of the f irst part, do hereb~ grant and convey with
I gener al warra nty of title unto the said D. W. Earma n, Truste e,
party of the second part, the follow ing two adjoin ing tracts of
real estate , situat e on the Spotsw ood Trail , in Rockin gham Count y,
Virgi nia, and more partic ularly descri bed as follow s:
FIRST TRACT:
All that certai n tract or parce l of land
situat e near the crest of the Blue Ridge Mount ains at Fern Hill,
in Rockin gham Count y, Virgi nia, a short distan ce west of the Green
Count y line, consi sting of 2 . 994 acres of land, lying on the west
of the top of the said Mount ains, divide d by the Spotsw ood Trail,
'.....:.J adjoin ing the lands of R. J. Snaop , J. K. Haney , and Baugh er, to1
~
gethe r with the improv ement s thereo n and appur tenanc es thereu nto
<:!belon
ging, said renl estate being the same convey ed to this granto ,
E:...:
u") Marga ret E. Mundy, by Elsie B. Baugh er, et als, by deed
bearin g
~ date Decem ber 3 , 1931, duly of record in the Clerk 's Office of
~ Rockin gham County in Deed Book 151, page
257, to which said deed
~ and plat attach ed theret o refere nce is hereb y expre ssly
made for a
(::)
furthe r descr iption of said re a l estate .
ltt
SECOND TR.ACT:
'--ll
All that certai n small tract or parce l
c:}of
l and, lying on the west s ide of the Blue Ridge Mount ains at
N Fern l-Iill, Rockin gham Count y, Virgi nia, a short distan ce west of
~ the Green Count y line on the south side of the Spotsw ood Trail,
iand bound ed on the north b:' the said Spotsw ood Trail a nd on the
west by other lands of the granto r herein , and being the same real
1
:
2-IS
�est ate con vey ed to Ma rga ret E. Mundy
by~ . K. Han ey and wif e by
dee d bea ring dat e Dec emb er 3, 193 1,
dul y of rec ord in the afo resai d cle rk' s off ice in Dee d Book 151
, pag e 291 , to whi ch sai d
dee d, as wel l as to the afo res aid pla
t rec o r ded in said cle rk' s
off ice , refe ren ce is her eby made for
fu r the r and mor e par ticu lar
des crip tion .of sai d rea l est ate .
IN TRUST NEVERTHELESS to sec ure the
pay men t of the
pri nci pal sum of FIFTEEN HUNDRED DOL
LARS ($1 500 .00 ), and all
int ere st her eaf ter acc mui ng on sam e,
whi ch said pri nci pal sum is
evid enc ed by thr ee cer tain Hom este ad
Wa iver bon ds of eve n dat e
her ewi th exe cut ed by Ma rga ret E. Mun
dy and M. Mundy due and pay abl e to the mse lve s (Ma rga ret E. Mun
dy and M. Mun dy), or ord er,
thr ee yea rs aft er dat e, sai d bon ds
bea ring int ere st from dat e at
the rat e of six per cen t per ann um,
The rig ht is res erv ed to ant icip ate int ere st pay abl e sem i-an nua lly
ma tur ity of bon ds aft er 1 yea r
Ins ura nce req uire d Fif tee n Hun dred
Do llar s ($1 500 .00)
It is und erst ood and agr eed betw een
the par ties her eto
tha t if the re sha ll be any def aul t
in the pay men t of sai d bon d, or
in the pay men t of any semi-an nua l ins
talm ent of int ere st the reo n
when due , or fai lur e to kee p the pro
per ty ins ure d, as agr eed upo n,
the n the tot al deb t her ein sec ure d
sha ll bec ome due and pay abl e
at onc e, and the Tru stee her ein upo
n the wri tten req ues t of the
hol der s of said bon ds, or eith er of
them , so to do, sha ll pro cee d
to exe cut e thi s tru st in acc ord anc e
wit h Sec tion 516 7 of the Code
f Vir gin ia, 191 9 Edi tion , and the Act
s ame nda tory the reto .
It is und erst ood and agr eed als o betw
een the par ties
ere to tha t in the ove nt the Tru stee
her ein adv erti ses for sal e
he pro per ty her ein con vey ed agr eea ble
to the term s her eof and pay 1ient or assi gnm ent is made of the ind
ebt edn ess her ein sec ure d on
r bef ore the day of sal e, or the Tru
stee dir ect ed not to make suc h
ale , and the sal e is not mad e, the n
the re sh all be pai d to the
aid Tru stee for his ser vic es as afo
res aid a sum equ iva len t to two
er cen t of the ind ebt edn ess owi ng,
unp aid , and sec ure d her eun der
t the tim e he adv erti ses the said pro
per ty for sal e.
�Witness the following signaturesand seals.
~<ll~t ~-',
(SEAL
4 Zll'--uat~
(SEAL
VIRGINIA, City of Harrisonburg , to-rwi t:
I, Pauline M. Andrus, a notary public in and for the
city and State aforesaid, whose commission expires March 7, 1932,
do certify that Margaret E. r,rundy and M. Mundy, her husband,
whose names are signed to the foregoing deed bearing date Eebruary
15, 1932, have acknowledged the same before me in my said city.
Given under my hand this 15th day of February, 1932.
O ~ -Ju. ~ rr. P.
vtRG!NlA: ln the Clerk's Office of tb~ Olrouit 0o
of Rock.i.ngham Couuty.
'rh i
.. I./
J..
......... ~~
n., 1' 1·s c" ,
•
.in
d
.
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t
, i- 1~th
111
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o)
~
i
1.ARGARET E MUNDY & I-IDSBhHD
TO)
D l7 EAPJTAN
TRUSTEE
DEED OF TRUST
./ f P ~si t 6 a
·1,~!l.,f:r
/
t•.Jrn'tt·J ;:-t.d 1
..9,-¥(>
IOh
'!
1932
~ ( J-"7~
~ ~!er~
Rockingham
&irl'1l$Oi:;,oo.rg, Va,
l.ecorded in
lo• , ,/-![! ,,/
{9:t.c/. /(.p t g
~
~, ex
<j ,
D. \\'. \:'-[PLETT E. \H~ L \J~
11..\Hl{IS( l~Bl 'HG ,-\ :\. .
COMMONWEALTH'S ATTORNEY
I. . .
�THIS DEED made this 2d day of April, 1932, by and between Margaret E. Mundy and M. Mundy, her husband, parties of the
first part, and D. W. Earman, Trustee, party of the second part,
WI T N E S S E T H :
That for and in consideration of the sum of FIVE DOLLARS ($5.00) cash in hand paid by the party of the second part to
the parties of the first part, the receipt whereof is hereby acknowledged, and upon the trust hereinafter declared, they, the
said parties of the first part, do hereby grant and convey with'
general warranty of title unto the said D. W. Earman, Trustee,
party of the second part, the following two adjoining tracts of
real estate, situate on the Spotswood Trail, in Rockingham County,
Virginia, and more particularly described as follows:
FIRST TRACT:
All that certain tract or parcel of land
situate near the crest of the Blue Ridge Mountains at Fern Hill,
I in Rockingham County, Virginia, a short distance west of the Green l
:
~
~
County line, consistin~ of 2.994 acres of land, lying on the west
of the top of the said Mountaim3, divided by the Spotswood Trail,
~ adjoining the lands of R. J. Snapp, J. K. Haney, and Baugher, to-
hi gether
u)
::::S
with the improvements thereon and appurtenances thereunto
belonging, said real estate being the same conveyed to this granto ,
~ Margaret E. Mundy, by Elsie B. Baugher, e - als, by deed bearing
l.l._
C)
date December 3, 1931, duly of record in the Clerk's Office of
Rockingham County, in Deed Book 151, page 257, to which said deed
~
and plat attached thereto reference is hereby expressly made for a
4t
further description of said real estate.
Q
SECOND TRACT:
All that certain small tract or parcel
t-....
h of land, lying on the west side of the Blue Ridge Mountains at
CQ
t-; Fern Hill, Rockingham County, Virginia, a short distance west of
::Z:: the Green County line on the south side of the Spotswood Trail,
~
~ and bounded on the north by the said Spotswood Trail and on the
.'
west by other lands of the granter herein, and being the same real
�estate conveyed to Margaret E. Mundy by J. K. Haney and wife by
deed bearing date December 3, 1931, duly of record in the aforesaid clerk's office in Deed Book 151, page 291, to which said
deed, as well as to the aforesaid plat recorded in said clerk's
office, reference is hereby made fur further and more particular
description of said real estate.
IN TRUST NEVERTHELESS to secure the :r;a ymen t of the
principal sum of FIVE HUNDRED DOLLARS ($500.00), and all interest
hereafter accruing on same, which said principal sum is evidenced
by a certain Homestead Waiver bond of even date herewith executed
by Margaret M. Mundy and M. Mundy due and payable to themselves
(Margaret E. Mundy and M. Mundy), or order, one year after date,
said bond bearing interest from date at the rate of six per cent
per annum, interest payable semi-annually.
Insurance required Two Thousand Dollars ($2,000.00).
It is understood and agreed between the parties hereto
that if there shall be any default in the payment of said bond,
or in the payment of any semi-annual instalment of interest thereon when due, or failure to keep the property insured, as agreed
upon, then the total debt herein secured shall become due and payable at once, and the Trustee herein upon the written request of
the holder of said bond, so to do, shall proceed to execute this
trust in accordance with Section 5167 of the Code of Virginia,
1919 Edition, and the Acts amendatory thereto.
It is understood and agreed also between the parties
hereto that in the event the Trustee herein advertises for sale
the property herein conveyed agreeable to the terms hereof and
payment or assignment is made of the indebtedness herein secured
on or before the day of sale, or the Trustee directed not to make
such sale, and the sale is not made, then there shall be paid to
the said Trustee for his services as aforesaid a sum equivalent to
two per cent of the indebtedness owing, unpaid, and secured hereunder at the time he advertises the said property for sale.
�Witness the following signatures and seals.
I VIRGINIA,
I
City of Harrisonburg, to-wit:
I, Pauline M. And~us, a notary public in and for the
city and state aforesaid, whose commission expires March?, 1936,
do certify that Margaret E. Mund y and M. Mundy, her husband, whose
names ' are signed to the foregoing deed bearing date ~pril 2, 1932,
have acknowledged the same before me in my said city.
Given under my hand this 2d day of April, 1932.
N. P.
v .RGINT A: In the Clerk's Office of the Circuit Court
'I"1a
n 0D' dned
of'
• J. ..,, foY--.-u-:
l ' -~
....,
.1. ....
•
221
�~
MARGARET E MUNDY & HUSBAND
TO)
D W EARMAN TRUSTEE
DEED OF TRUST
Tax$
fe O
Foos$~ .
Transf•r $-,f-- Total ~
Mmltttd APR 2 193
"'·
COMMONWEALTH·s ATTORNEY
�THIS DEED made this 4th day of November , 1932, by and between Margaret E. .1undy and r,1~
first part, and D.
v: .
dy, her husband, parties of the
Earman, Trustee, party of the second part,
WI T N
E
S S E T H :
That for and in consideration of the sum of FIVE DOLLARS
( 5.00) cash in hand paid by the party of the second part to the
parties of the first part, the receipt whereof is hereby acknowledged, and upon the trust hereinafter declared, they, the
said parties of the first part, do hereby grant and convey with
general warranty of title unto the said D. W. Earman, Trustee,
party of the second nart, the following two adjoining tracts of
real estate, situate on t~e Spotswood Trail, in Rockingham County,
Virginia, and more particul&rly described as follows:
FIRST 1RACT :
All that certain tract or parcel of land
Cl) situate near the crest of t.1e Blue Ridge L1ountains a.t Fern Hill ,
~
'2:, in Rockingham County, Virginia, a short distance west of the Green
County li.1e, consisting of 2.994 acres of land, lying on the west
of the top of t ,1e said r.:ountains, divided by the Spotswood Trail,
adjoining the lands of R. J. Snano, J. K. Haney, and Baugher, toget.ier With the irn.nrovements thereon and anpurtenances thereunto
~
belonging, said real estate being the same conveyed to t~is grantor,
~ l.:argaret E. Mundy, by Elsie B. Baugher, et als, by deed bearing
~ date December 3, 1931, duly of record in the Clerk's Office of
~
~
Rocking~am County in Deed Book 151, page 257, to which said deed
N and plat attached thereto reference is hereby expressly maq.e for
Cl:)
~
:::t::
a further description of sa _id real estate.
~ land,
:
SECO'rD TRACT:
All that certain srn.all · tract or parcel of
lying on the west side of the Dlue Ridge Mountains at Fern
Sill, Rockinghgm County, Virginia, a short distance west of the
Green County line on the south side of the Spotswood Trail, and
bounded on the north by the said 3potswood Trail and on the west
by other lands of the grantor herein, and being the same real
�Gs ta te con ve:rnd -to l'v1argaret E. Mundy by J. K. Haney and wife by
deed bearing date December 3, 1931, duly of record in the aforesaid Clerk's Office in Deed Book 151, page 291, to which said
deed, as well as to the aforesaid plat recorded in said Clerk's
Office, reference is hereby made for further and more narticula r
descriptio n of said real estate.
IU TRUST ~JEVERT:iELESS to secure t_:e payment of the principal sum of FIVE HUNDRED DOLLARS ($500.00), and all interest
hereafter accruing on same, which said princinal sum is evidenced
by a certain Homestead ~aiver bond of even date herewith executed
by Margaret M. Mundy and r~~
dy due and payable to bearer one
year after date, said bond bearing interest from date at the rate
of six per cent per annum, interest payable semi-annu ally.
Insurance required Twenty-fiv e Hundred Dollars ($2500.00 ).
It is understoo d and agreed between the parties hereto
that if there shall be any default in the payment o:: said bond, or
in tl1e pay1Jent of any semi-annu al instalmen t of interest thereon
wnen due, or failure to keep the property insured, as agreed upon,
then the total debt herein secured shall become due and payable at
once, and t1e Trustee herein unon the request of the holder of
said bond so to do, shall proceed to execute this trust in accordance with Section 516? of the Code of Virginia, 1919 Edition, cilld
the Acts amendator y thereto.
It is understood and agreed also between the parties hereto
that in the event the Trustee herein advertise s for sale the
property herein conveyed agreeable to the terms hereof and payment
or assignmen t is made of the indebtedn ess herein secured on or before t.1e day of sale, or the Trustee directed not to make such sale,
and the sale is not made, tllEn there shall be paid to the said
Trustee for his services as aforesaid a sum equivale~ t to two per
cent of the indebtedn ess owing, unpaid, and secured hereunder at
t1e time he advertise s the said property for sale.
Witness the following signatures and seals .
2..2Y
�3.
VIRGINIA, City of Harrisonburg, to-wit:
I, Pauline M. Andrus, a notary public in and for the
city and state aforesaid, whose commission <i_Xpires :March 7, 1936,
do certify that Margaret E. it.undy and },1 ~
y, her husband , whose
names are signed to the foregoing deed bearing date November 4,
1932, have acknowledged the same before me in my said city.
Given under my hand this 4th day of November, 1932.
N.P.
VIRGir".-IA: In the Clerk's Office of the Ch•nit, 0ourt
. The foregoing d,:!Od of
of R~ngh~ County.
- - · ~ · · · ············ was this day pre1,,ented E1 t,he
office aforesaid and is t ogether wiLh the c,·nith::.He
of acku_ow.13dgmeut annexed, admitted to re1.i0rd
i r.Y-2.../ .?'¾.- M
/
/7-?
.~ .
.
this ....~'.'.:'..... day of.. .... : : . c / ~ ....... ,..........7.7
·
n.s
�_j
~
1367
I,1ARGARET E MUNDY & HUSBA..'I\JD
1
TO}
D W EAfil,:AN
TRUSTEE
DEED OF TRJ ST
/'
['1- ,
Tax $_..J,R_Q_ Fees $ - ~ 1rans fer
·
$___L Total $.-7 M\
~ov- 41193".' .3_4-,~
(
/ ~ C&4?ftM 'V-U4(.Cfl-<4--
Clerk
Rockingham Cou
dll,rrl.~'-'P..W"g~ ,
l
~ecoro.e~
)1o,
~
1-u---~-.-...-----·-
W
7JlS.I~,
Ji/4
D. WAMPLER EARMAN
HARRJSONBURG,VA .
COMMONWEALTH ·s
ATTORNEY
~
�THIS DEED made this 29th day of December, 1933, by and between Margaret E. Mundy and Marvin Mundy, her husband, parties of
the first part, and D. W. Earman, Trustee, party of the second part,
WI T N E S S E T H :
That for and in considera tion of t he sum of FIVE DOLLARS
($5.00) cash in hand paid by the party of the second part to the
parties of the first part, the receipt whereof is hereby acknowled ged,
and upon the trust hereinaft er declared, they, the said parties of
the first part, do hereby grant and convey with general warranty of
title unto the said D. W. Farman, Trustee, party of the second part,
the following two adjoining tracts of real estate, with the improvements thereon and appurtena nces the r eunto belonging , situate on the
Spotswood Trail, in Rockingham County, Virginia, and more particula rly
described as follows:
FIRST TRACT:
'
All tba.t certain tract or parcel of land
situate near the crest of the Blue Ridge Mountains at Fern Hill, in
Rockingham County, Virginia, a short distance west of the Green County
line, consisting of 2.994 acres of land, lying on the west of the top
of the said Mountains , divided by the Spotswood Trail, adjoining the
lands of R. J. Snapp, J. K. Haney, and Baugher, said real estate being the same conveyed to this granter, Margaret E. Mundy, by Elsie B.
Baugher, et al 9 , by deed bearing date December 3, 1931, duly of record
in the Clerk's Office of Rockingham County in Deed Book 151, page 25?,
to which said deed ~nd plat attached thereto reference is hereby expressly made for a further descriptio n of said real estate.
S::l!JJOND TRACT:
All that certain small tract or parcel of
land, lying ~n the west side of the Blue Ridge Mountains at Fern Hill,
Rockingham County, Virginia, a short distmi.ce west of the Greene County
line on the south side of the Spotswood Trail, and bounded on the north
by the said Spotswood Trail and on the west by other lands of the
grantor herein, and being the same real estate conveyed to Margaret E.
Mundy by J. K. Haney and wife by deed bearing date December 3, 1931,
111
�2.
of record in the aforesaid Clerk's Office in Deed Book 151, page 291,
to which said deed, as well as to the aforesaid plat recorded in said
Clerk's Office, reference is hereby made for further and more particular
description of said real estate.
IN TRUST NEVERTHELESS to secure the payment of the principal
sum of EIGHTEEN HUNDRED TEN DOLLARS and SIXTY-TWO CENTS ($1810.62), and
all interest hereafter accruing on same, which said principal sum is
evidenced by a certain Homestead Waiver bond of even date herewith
executed by :W.!B.rgaret M . Mundy and Marvin Mundy due and payable to E.
G. Wiener, or order, one year after date, said bond bearing interest
from date at the rate of six per cent per annum, interest payable semiannually.
Insurance required Thirty-five Hundred Dollars ($3500.00).
It is understood and agreed between the parties hereto
that if there shall be any default in the payment of said bond, or the
interest thereon when due, or failure to keep the property insured, as
agreed upon, then the total debt herein secured shall become due and
payable at once, and the Trustee herein upon the request of the holder
of said bond so to do, shall proceed to execute this trust in accordance with Section 5167 of the Code of Virginia, 1919 Edition, and the
Acts amendatory thereto.
Witness the following signatures and seals.
VIRGINIA, City of Harrisonburg , to-wit:
I, Pauline M. Andrus, a notary public in and for the city
and state aforesaid, whose commission expires March? , 1936, do certify
that Margaret E. Mundy and Marvin Mundy, her husband, whose names are
signed to the foregoing writing bearing date December 29, 1933, have
acknowledged the same before me in my said city.
Given under my hand this 29th day of December, 1933.
otary
c
�.JI.
~
\.)
MARGAREr E MUNDY & HUSBAND
TO)
;.t··
D W EARrv!AN
TRUSTEE
DEED OF TRUST
2 ~Fees~
T;ix $ ______
Is~
p;,
Transfer $ ...-5~- Total~~
Acn I tted :J EC
9
9 1933
/y'.'-'/ &fP .
fL/tttJ~---- .
R0cklngham Count , Va,
·r 1~-0:oourg
ora
L A"\\" Ol'FIGE S
or
D. WAMPLER EARMAN
HARRISONB URG,VA .
COMMONWEALTH .$
ATTORNEY
'\erk
I,
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Source
A related resource from which the described resource is derived
Meadows, JW - Mundy, Margaret
Identifier
An unambiguous reference to the resource within a given context
mundy-margaret.pdf
Title
A name given to the resource
Mundy, Margaret
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Swift Run
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): 371
Format
The file format, physical medium, or dimensions of the resource
PDF
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Mundy
-
https://omeka.lib.jmu.edu/erp/files/original/fb11f27c71ec2abc7c553464210d2688.pdf
51918b55c088e549e280ad17f7ab7739
PDF Text
Text
y:-- - - - - - - - - - - - - - -
8 ffiCY
NAME OF CLAIMANT
;jG2 -- :;u.ylor, Cu.Lsie .:.
Number of Acres: 173
Location:
Roads:
n ~l~ ~~ c~ ~u~itio s 25 ~
,:it:~i1 the R .. r-:: u.reu .
'
~
2;
~
Gl ~nd is enttrelr
Four 1ilet- ovsr good dirt ro-d \!i t 11 th --: e::ce~Jtio 11 o one
T'.l.ile o.r p:l.vement to ~lkton, the ne::rest. shipuin6 point .
Soil:
~he Loil i1 the ,ooded portion is Q s-ndy lo m of f~ir
dept~ -nd fertility ,ith consider~blc loose ro k ~~~ so~e
cliffs. ::_e slope..:i re moder'-te to stee J .
(0var}
History of Tract and condition of timber:
GJe r vers ~ sidv for h1:::tor:r )
Improvements:
.J ,Ie l:J_j_
n..: : Lo 0 a.nd fr8.-::ie 18x30' , q r oans, po:::-che s 1 b:17'
n
o.. JG' , L 17vS0'; 3 roo:n.,, met~l :'Oaf, brick .. nd st'J~1e :lues,
2 storicb, 7 roo s ceiled~ .3 rooms pL... st'3red , ood condi ~ion
oecur>ie 1 by mmer , ,TL.. t -:r supply we 12. -n' c Lstern, Lo lid
fo-rn 3.· tion. .
lC barn:
Log und fr no , 3~x68_clL1',
8.~Jer roof, poor
cc 1dition .
'em'3nt creen :_o 1se : 2-:.,-:9::z:.J' , 1~3tal ro f , f::...i:t eo-·fi tion •
...:en house : J'rc...v1e, 10::J8~ e, ) =)"'r ron-"' , f<.,o.ir conc1ition .
Li i1t ,Pl-T'c ~ c1 ':0· se: 12::::lGxl0', a·t<-.1 ro(f , fair condition
1
t , 0 'Jl 3dS •
Z brooder houses 1 ~'r:...' ie , 12::14x8' , · 1~; 08.l r·oo: , " ir con· r1 i tion.
2'-.ed : Jr_. e, l6Al8:cl0', met...11 roo ".
Ice )ouse :
l3xl3x7', 9~~ 0 r roo-<' , f-ir co,·tt ic~ .
1
,, ..... sL ~·1
ml'lp '101se :
~r:_._ P., l~~::5:-::1~', r1etu.l rr ,-<', i'"'ir
,Vi th
_e___:_1~~.-.-~,~--7-~-.------.(-ov0r }
Acreage and value of types:
Types
Value per acre
Total Value
G
'ti'3 . 00
_808 . 00
13
G . 00
780 . 00
6
23 . 00
lb0 . 00
Acreage
Ridge:
Slope:
Cove:
Grazing Land:
F'ields Restocking:
Cultivated Land: .
Orchard:
60 . 00
100.00
Minerals:
Value of Land: $
Value of Improvements: $ 3:280 . 00
Value of Orchard: $ 300 . 00
Value of Minerals: $
Value of Fruit: $
Value of Timber: $
ValueofWood: $ ::i0 . 00
Value per acre for tract: $ Gl. 9 ., ..... .._ ·~
Incidental damages arising from the taking of this tract: $ .. -1 VJ. .~ .
3900 . 00
,.;.)088 . UG
300 . 00
5280 . G0
30 . 00
rl0718 . 00
�oil :
I!ost of t!1e til ble Ln ia ,. red cL.y 2..o .... , o"' "OOd de ... t'1 ,1v1 li-'-;tle
rock . ..~ _port ion is
s n '~- lo~y1 i ~c 1 sr,.... :.. lo Jse rock . ·:::ihe round
is roll t 1 _:; · ii th tAie r n~i nder, 1 vcl .
~1 l1:; gr....,.zi nc; 1-nJ is lev ~l u.n
O< rl/ dr.:.,.inecl.
It hes __.. ,.,.ood so,: , ;ut ther·_, ia so 1e roe , riers
.... n~
rush . r::1he r .sto0:.. in
\.4s b';;!·1
Jr1 out under c: ltiv..... ~ion .
I
h-s e s~ndy lo-~ 1i~h consider~ le loose rock ·nf h~s iro .n ~pinto
yelloiV pine i ic1 is 10 to 15 f eet h i . .:..' .
J
History : r..:he tr:J.ct hes b93ll cut over ~t v .... rious ti~ie,_, · or s ...... .r tin er . :,_10
1 st b':3ing cut :.. . bo' t 1928 when c 1 t c losel:·. '=1h::Jr :J hL<s ee 1 no fil'e
1-t vly .
':1 1 ,e~-=
is t.. f u.i :r st ... n 1 o: o .... l;: und ye lloH pine up to 8'' DB:I.
1 00 cords o:.' fuel 10od .
prova11~nt s :
Co'1t'd}
hicken ;.ou.s : T ._:: , 1G.cl8::1O' , P-t .. 1 roo •
1,) rl~ cl~ ', net ..... l roof , fa. ir con:J i tion .
Gorn house : Loc.; · nd i'r .... ne ri t~ shed ; 2Ox2 xlO' , p:.:. er roo ,
o r
CO 'lC i ~ i O l .
r·-....011:ne BMd :
:'r~L3 , 0 Ox31.zlG', 1etL-l roof , fc..ir' Gondition .
3-rn: ..:"re..· ,e , 28x47:1.l6' , net~l roo " , s'1ed 8.;AG',
oor conrlii t ion .
I:an house : :'rc..ne, lO::1.~3x8', shinr;le t.nC. r:iet..,.l roof , vlitl celL,r .
:Ie'1 housv : Fr'-'m.e, 1Ox23:~1O' , .{ktper roof , poor cond.i t · on •
.:; t1·uw s 1ed :
Frv~.e , llx38xl6' , s.1 i11, le roof, fair condition .
_
D.1all n, 2 :
LoG u..:1.C :."'r ..... 1e , 1 0-.09 ', 4 roans, net .... l · nd s.per roo:f,
brick ·r1ue , 2 roons ceile,:, :~ir conc: i iO'1, occupiad 1):r "uen ..... nt ,
Jil 1r foun 1 ~tion .
11c...pon shed : 13-cl7xl ', ~')--)er roof , f.ir condition .
-~en hous .. : Lot:· , 8--{lOxG' , s 1 .in ·13 roof , ::;:ioor con ' iti on .
-!en ouse: ::?r ~ :b , 8z:1 3x7', _;_)3..)er roo~ , fc.ir condition .
Orch ... rd :
110 fruit trees .
G .... r,. e :
�-
~~~:.
~
~~
~rcuit Court oL~ ~ ~----County, Virginia, No. ________, At Law.
Commission on Conservation and Development of the State of Virginia, PetiState
The
·tioner, vs, _____________________________________________________________________________ _
------------------------7z;: -------~-- -_p --· ------------------------------------------
----:: __ County, Virginia, Defendants.
more or less, of land in.?:'.'_~ --- ______ ~
The undersigned, in answer to the pet' ion of the State Commission on Conservation and Development of the State of Virginia, and in response to the notice of condemnation awarded
upon the filing of said
, petition and published in accordance with the order of the Circuit
_______________ County, Virginia, asks leave of the Court to file this
Court of
as h~Ya:•:: :_:~--P~~gt;_;;,~~a --------------------___________________ _
My post office address is __________ ~_~________
I claim a right, title, estate or interest in a tract or parcel of land within the area sought
to be condemned, containing abou~ : ~-i ~ ~=-~ -~-acres, on which there are the following
--J-2---~
:2.._~ ~ -) __2.,_~
buildings and imp~
~ ~ s-2 . ~- ~
. - ~ ~- ----·
~
J
~ Th:,
~
: ~~~:;:::;:
L ~ -~
land is loca~
1/_~
t h e ~___ Magisterial District of said County.
I claim the following right, title, estate or interest in the tract or parcel of land de~~
~ ~ scribed above: (In this space claimant should say whether he is sole owner or joint owner,
and if joint owner give names of the joint owners. If claimant is not sole or joint owner,
~
hould set out exactly what right, title, estate or interest he has in or to the tract or
· .A b .1a A A ~;-:,
el of land de~crib_iJl above.)
~.
-----------~ --~
------------------------------------------· -----
:::t~ ::Jt~
i~~-~
:r of~~~'.~'::~
~
-~:
~~d
-----~-.Z.Jk._~ -----~-------------p~~~l-
South ___b~!:..L ___
J r ? ~ ------------------------------------- -- ------------East _dt/'
Z
West __ t { ~- ~ ------------------------------------------------I acquired my right, title, estate or interest to this property about the year _t_f_~J_ __ in the
following man-'r~ .11 , , .J ..,1 ,..,
,I
L
------------~ ~------------------------------------------------------I claim that the total value of this tract or parcel of land with the improvements there{2_____ , I claim that the total value of my right, title, estate or interest,
on is $/_f_,_a()_ _
in and to this tract or parcel of land with the improvements thereon is $Ll:LI!'!.'!_ _____ ,
I am the owner of_ _______________ acres of land adjoining the above described tract or
parcel of land but lying outside the Park area, which I claim will be damaged by the proposed condemnation of lands within the Park area, to the extent of $------------------·
(In the space below should be set out any additional statements or information as to
this claim which claimant desires to make; and if practicable he should also insert here a
~
description of the t!a~t or parcel of land by metes and bounds ).
Remarks·
_6(#? -~
---~
~
= ~- ~
--~
~
-~
-~
---f-¥1-f-J -- ~
-- ff7/2: --~ ~ -~
~ ~--~
I',(}
_/~
L.~-;__~-:z-
-- /d,.p --- ~
-- AiC-~
-~
-- ~ --~
-
-~
-
-~ ~ ~--ef-~~-M __
(Continue remarks if necessary on the back).
--~ - ~ ~-~ ~-~
------day
·tness my signature (or my name and mark attached hereto~) this_ - ~
_ ____ __________ _
-fp_!/Jf.~(rl___
~
of _ ----------------, 193i
-,
ATE OF VIRGINIA, COUNTY OF _______ ___ _ --- .. -- -, o-wit:
------------------------ --- ~
The undersigned hereby certifies that_____ _
the above named claimant personally appeared tiefore him and made oath that the matters
~~swer are true to the best of his knowledge and belief,
and things appearing in hi~-r ~
this ___
7 ~-"---:::_~~~~ ; / __________ _
~_________ day
r'J_ / ~A
---/
r'-'/
.3 /
l Investigator or
Clerk of the Court, or ~
Notary Public, or J usti~~t the Peace.
�IJ1
fired In the Clerk's Offiee
Rockingham Gounty, Va;
FE R
-
· t-· 0
i .:50
1
_ ___.___c1erk
�;; ,
M
~7'
· Claim of_ ~
.. ~~
C ffe.-_~
In the Circuit Court of__~ ~--County, Virginia, No. ________ , At Law.
The State Co~mission on Conservation and Development of the State of Virginia,. Petitioner, vs. ___________ · _________________________________________________________________ _
L .Jrc.,A(~,
1~~;~~~~~~~i~~~i~Ii~~~~~~~::~Ya~iii--:~~-~~~
~:~~i:~f~ii
velopment of the State of Virginia, and in response to the notice of condemnation
awarded
upon the filin of s id petition and published in accordance with the order of the Circuit
.
'
Court oL _____ ______ _ _______ County, Virginia, asks leave of the Court to file this
as h:Ya~;;: :_sL-~°¥~~: ~-c-e~-- --------,r,-ar;,-------________ _
My post office address is_. t f _ ~ - ~
-L(/(_ /R_r:/?:____ $______________ _
I claim a right, title, esta~e or interest in a tract or parcel of land within the area sought
to be condemned, containing about_ ___,1_~ _______ acres, on which there are the following
buildings and improvements=----~
--~
------- - ---------------------
------------------------ ------------------------ --- -;,. #L
-------------------This ~ nd is located abo~L-~- kf-:--~-miles :rom ___ c.p~
---------- Virginia, in
thet ; ( ~Mag1sterrnl D1str1ct of said County.
I claim the following right, title, estate or interest in the tract or parcel of land described above: (In this space claimant should say whether he is sole owner or 'joint owner,
and if joint owner give names of the joint owners. If claimant is not sole or joint owner,
he should set out exactly what right, title, estate or interest he has in or to the tract or
~
parce~rz.:::ibed above.) _________________-/4..'i/ ,z.. .w _~
--::t~n~ dj~t~ :~t~~p~ are as fol ows:
!__J
-~
--~
----------------- ------------------------- ---------------------- ---
South_6 ~ ~---rt- _/ } A / ~-~
______________ _
::t=f ~ ~ ~--~=========================c===================
I acquired my right, title, estate or interest to this property about the year _/.f_f_f':_in the
following manner:
·
-----------4-tl-~----- --- --------- ------- (7),1_ _. ~ -----------------
I claim that the total value of this tract or parcel of land with the improvements thereon is $___ (f__tr:!!_ _____ . I claim that the total value of my right, title, estate or interest,
in and to this tract or parc·e1 of land with the improvements thereon is $__g_1.f / _~~---·
I am the owner of_ _______________ acres of land adjoining the above described tract or
parcel of land but lying outside the Park are a, which I claim will be damaged by the proposed condemnation of lands within the Park area, to the extent of $------------------·
(In the space below should be set out any additional statements or information as to
this claim which claimant desires to make; and if practicable he should also insert here a
description of the tract or parcel of land by metes and bounds).
Ren1arks· ------------------------ ----------- - --- - ----------- ------------ ------ -----
------------------------ -------------------- (Continue remarks if necessary on the back).
ofk:_:~-:~~:~~r1~3'-rmy name and ~~~Zilltdt~~~~fg=~a~
Gtr;;---;;; VIRGINIA, COUNTY OF______ ------------------£ ~~
The undersigned hereby certifies tha~ ~ ~-~
--------------------------the above named claimant personally appeared before hi~;~ct'"i'nade oath that the matters
and things a. ppearing in hi~
s bov. answer are true t_o the best of his knowledge and belief,
this _____
day of _____________ --, 193l p~
._ /
CJ
z--7________
-------~/?~ ~/___7 - _0 ----Clerk
of the Court, or Special Investigator or
Notary Public, or Justice of the Peace.
�Oo nty: hookin
D1str1ot : 5tono ull
62 .. 1 u~: or,
Aorot ge Ota\ 1
.9t:
•
l8,000.
Loo· ton•
1r••
on ....lk Hun
1t?1in tho
a
./, s
175 A.
1 ,6
"
t
rk
1 t ion
re •
.....,....;;;;iiiii-,.....,...,.......,.....,......,;.;.;.;;......,......,......,.,.1.,,..m..a...,..o_1_·.,.l.,a..,p.,..;
So11 :
d l 73 ,. • 138 J?.
..,:,
1
1~
11
s:
o. oo
1903)
.100.00
"
20 T : 61 and ts en 1rely
ono lmo n.
o ndy lo • or fair
he soil in t:.e i ooded portion 1s
looa, rook und. some
1ae1"ble
oon
1th
d ptll n fertility
p, / oat of the
st
to
moderate
nre
he slope
clL.t ,
red elay loa or ood d 1,1th 1th 11 ttle
t1ll· ble la11d 1
1th am 11 loose rock. T.je
rook , : portion 1 a s ndy loo
tnder lev l. Tb
,ere
t
,1.th
olling
r
ently
is
l:,ro·nd
g zing lund 11.1 level an"* poorly dratn d. It 1 a a goo sod •
has
but thor 1 some rock, briers n<' b:r-,1Sh, ~1 o restook1
1
1th
0
andy
ha
t
t1on.
1v
1
o·
under
t
1orn
be
eon lderable looser ok n<l
high.
whtoh ts 10 to 1 r
Ro
Deed 11!3 :.- 138 P •
gr nun into
ollo
pin
les ov r good dirt rod 1th t e oxo pt1on or one mile
our
or p ve ant to i!lkton, th no rest s hi pin point .
boan cut v rut
d cond1t1on ot timber: The troot h
rot
o t 1928
various timea or aaw ti er. ~he laat bein; out
;h n cut closely. Thero bae been no fir lately. ' her 1
r oa < n yello pine up to 8 1' DBH.
a f ir t n
7 .oo
7 ¢ ---10 oo d of r l·ood val od
', 9 room• poroi s llxl? ' and
ot, b toK and ston flues ,
pln · ter d, oand1t1on good,
ell nd 01 torn , solid
3 ..xoa l • , p p r roo r,
• ,..2000.00
roof, tat r <:>ondi t1ono I t ir oond1t1on
ro f', fa.Ir "
ot
root , tair
.........
ao.oo
n,.oo
?o.00
100.00
l
o.oo
60 ,. 00
50 ,00
400.go
30. 0
'15.00
(Continued)
�county: Rockingham.
District: Stonewall
#,62 ... Naylor , Cassie ~.
Cont'd
Improvements :
$4205.00
Corn house: Log and frame 1th shed, 2ox2oxlO ', paper
roof, poor condition ----$75.00
Machine sheg: ¥rame, 20x3l xl6', metal roof , tair
00_1d tion -----200.00
Barn: Frame, 28x47xl6', metal roof , shed 8x46', poor
condition
-----~
300 .00
Hen house: Frame 10x23x8', sh ingle dnd metal roof,
with cellar ----125. 00
Hen house: i rame , 10x23xl0', paper r oof , poor
condition
----25.00
Straw shed: Frame, l l x38xl6', s 1lngle door, fair
condition
----40 .00
Dwellirys: Log a nd frame, 16x39{ , 4 rooms, metal
and paper roof, brick flue, 2 r ooms celled, fair
condition, oooupied by tenant , pi l ar foundation 200 .00
Wagon shed: 12:x17xl2' , paper roof, fair condition 25 .00
Hen house: Log, 8Xl0x6' , shingle roof• poor "
no value---Hen house: Frame, 8xl 2x? ', paper roof, fair oondition-15.00
orcllard: 110 fruit trees at ·l. 0 -155.00
es31s.oo
Value of land bl t~pes:
~
lope
Fg
Fe
Fr
Orchard
li.oreaie
00
13
Value
;12er acre
"4.oo
25.oo
o5
35.00
6
3
10.00
80 .00
173
rrotal
Value
$344.oo
----
325.00
2275.00
60.00
--
3004.00
Total value of land
· 3004.00
Total va l ue of timber
?5 .00
Tot -1 va l ue of improvement5375.00
Tot l va l ue of tract
$8454.00
verage va ~ue per acre
48. 86
,,,
�Count_y: Rockingham
District': Stonewall
#62 - Naylor, Cassie M.
,., .__.I ~)
s
.F.Dean,Jr.
W.M .Hensley
/, Z.N.
McDaniel,Jr.
Naylor
LEGEND:
Slope
Grazing
Tillable
RestocRing
Orchard
Scale - l" : 20 chains
51
�IN THE CIRCUIT COURT OF ROCK.INGRAM COUNTY • VIRGINIA.
The state Commi ssionon
Conservation and Development
of the State of Virginia
.
C\ k's off\ce
f\\ed in tne er
\Ja.
I , ' O'harn county,
Roc"mb
vs.
SEP
Cassandra Lawson Atkins and others
and 52 , 501 acres of land in
Rockingham County.
'}If
\932
~~Clerk
TO THE HON. H. W. BERTR.AU , JUDGE OF SAID COURT.
The motion of
Cassie M. Naylor, praying said Court to
disapprove a:nd to decline to accept the finding of the Board of
Appraisal Commissioners, heretofore appointed by said Court in
the above matter , wherein said Board reported, under No. 62 of
its findings , as filed in the Clerk' s Office of said Court, that
the 173 acres of land, found by said Board to be the property of
movant, was valued at only $61 . 95 per acre.
The grounds of said motion are as follows:
(1)
Th.at the price per acre allowed for said lands and the
improvements thereon is manifestly inadequate and confiscatory,
only the nominal price of $3. 00 per acre being allowed for 86
acres, or practically half of said land , and the improvements
being appraised at only about half of their value, as more fully
appears from the affidavits attached hereto .
(2)
That the finding of said Board was based Ul)on a mistake
of law as to the nature and effect of the evidence produced before said Board by the above named party, as is shown by the fact
that said Board did not allow in its finding the fair market
value of said property by at least $5,000.00.
The affidavi ts attached hereto are asked to be read in
support of these exceptions .
The claim heretofore filed in this
matter by movant before the appraisal Board is asked to be read
LAW OFFICES
in connection herewith .
GEO. S. HARNSBERGER
HARRISONBU~ G. VA .
This pr operty is not for sale, and the State Commission o
�---2--
conservation and Development is asked to exclude it from the Park
bounda ry.
This property can be very easily excluded, as it lies
upon the western edge of the area enclosed by the present boundary line of said Park.
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG . VA.
�IN THE CIRCUIT COURT OF ROCKINGH ! COUNTY , VIRGINIA.
The State Commia sion on
Conse rvatio n and Development
of the state of Virgin ia
vs.
Cassa ndra Lawson tkins and others
and 52,501 acres of land in
Rockingham Count y.
The affida vit of H. S.Nay lor, to be read in conne ction
with the motio n filed by Cassie M.Naylo r to have the findin g of
the Board of Appra isal Comm issione rs disapp roved in conne ction
with its findin g No . 62.
state of Virgi nia,
County of Rockingham, to-wit :
,
This day H.S.N aylor perso nally appea red before me,
-- -¥ -
a Notary Pu.blic in and for the
County afore said, in the State of Virgin ia, and, being duly sworn
depose s and says:
I am the husban d of Cassie M. Naylo r, the owner of the
prope rty now being consid ered, and we have made our home on the
prope rty in questi on for the past thirty years or more, and I am,
theref ore, thorou ghly acqua inted with the qualit y and income - producing capac ity of the land in questi on as well as with the imThe sum of $3 . 00 an acre,a llowe d by said
provem ents thereo n.
Appra isal Board for the 86 acres of land which they call slope
land, is totall y inadeq uate and not the true or marke t nlue of
This is the woodland portio n of the 173 acre farm ,
and is worth at least 010.00 per acre. The said ~ppra isal Board
has only allowe d the sum of $50.00 for the wood upon this 86
said land.
acres of land, which would be only about fifty cents an acre,
which , upon its face, is manif estly inadeq uate, and, if taken at
such a price , would be confis catory . The amount of $5 ,28 0.00
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBU RG . VA.
allowe d by said Ap~ra isal Board for the improv ements on said prop
�- ..2--
erty, is totally inadequate and not at all the true value of said
improvements.
The improvements appraised by the said Appraisal
Board were also apprai s ed, with the exception of about seven
ohioken-houses, by Caldwell and Burner, for The Rockingham Home
Mutual Fire Insur ance Company on November 15, 1929, at the sum of
$7,600.00.
The seven chicken-houses, not included in the appraise
ment f or the Fire Insurance Company, are worth a t least $100.00
apiec e , which would make the value of the improvements for insurance purposes equal the sum of $8,300.00, making a difference of
a ppr oximately $3,000.00 between these two appraisemente.
The
grazing land and the tillable land are both fertile, and are of
more va lue than listed by the Appraisal Board.
This farm is
exceptionally well watered, with a water system at the house,
barn, and chicken-houses.
The buildings are all in first-class
condition, except one barn.
The lands in use are fertile, and
this property is recognized as one of the best i mproved and equipp d
farms in that section of the County.
Subscribed and sworn to
before me this
7
September, 1932.
~
day of
~
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG, VA.
�C
Y, V JIMI •
ate C tnrni
ona-rv tin
he stato of
s.
Cas- andru Lc.wson
ant 52,50 tcr s
Rockingh m oun y.
a
r
ffi
~ - - " " "~'_,___,..______ ,
-----".........l
l
n d
findin~ of the
connection ~ i hit
y C·_'6{~.N
o ion filed
connoot1on with the
f
•
r ~1 al Co
fin
o be re&.d in
lor to have t e
isaion rs ~isa pro c
in
2.
State of Virginia,
County
0
0
~is
::~u~
per.:Sonall y apot·ry Iublio in
~-~~~_,;...~·=.c:;....--~ ----for the County . , fore said, in the ;)tu
peared
an
efor
rae,~
C unty afores~id, ·nd, boing duly
I
[JD.
welI uoqu. i nte
worn, depo~es ann sys:
,1th the hom
of C""s -ie M.naylor
e <:.:dge
I have been
land, ref~rred to by the
slop" 1 nd, ~a
f er
~~to
situuto on Elk Run , about four mi es
of the Par' area.
Virginia, in my
hes~ ea
on rs ~·...,
oard
aid
t e
r o ert , and
rrhis is
is valued at only _u.00
i
to-
tally 1n aequate valuation of s aid p~operty, the same being worth
et le· et
10. 0
an ac·"e.
~is is one of the
e~t icp::o\"ed p· op-
e1 ies in the community, and the irrp1•ovemen ts, with the exception
of one barn, are ins_plendid condition.
I am infor med that the sai
Apprais~l Commissioner s have only valued then at J 5,280.00.
I
do not consider this a fair vuluation for s~id im pr ve, ents . The
'1ree t o fi ·e J"lH. 1 c..!Hl ·.ollars more.
same are worth t la ~t fro
I
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG , VA .
O
further informod thnt the said ~ppraisa l Board valued the
wood upon said farm at only ~50.00.
Th i s is only about fifty cent
�---2-per acre !or the 86
T11e
for tho ,ood.
h is pr a1J -1 u.l y no v lue at all
ares,
ood
the value which said Board has allo· ed.
:rarm , at
llow ed by s _id
land ,
ai
for
thi
3bu cri e
me this
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG, VA.
f r
of
likes· 1- amount.
and storn to bof r
z?'
d y of September.
·1
0·1:rd, i
rage valu
only
or a d quate consideration
a fai
I do
hi•h state of
hat th·
infor e
I
per acre for sai
f r
The l ands upon this
and gr zed ere in
0 1:11
oultiv tion ad a re f rtile.
6 .9LJ.
w rth many times
aores i
8
p n
i
1
racter be replaoed
�m
i !,
oz cuz r-.ntnL. o
1
I
..
1
?·
r
io
di
•
e ol
ty of Rool..........
.
j _. . . . . ..AI"
.i
t
'3
r
--r-~~= =;--r--r- --:..·
Uy.
in
resa1
inia, in
•
ei.ng
\y
I
in
on Ell. Run,
OU. .
I
a.
nd
ea ·1
ho
tou.r mile
aet ot · 1kt n, i
v
ere
0
10.00
1
f on
th
:tu.r
HARRISONBURG, VA.
Y,
d
1
l'
V
tr
ard.
Thi
i
ne
t
he
o improve
t
1
0
pro
i
oo.
~
•
toor
it
th
ep io
X
the
•
s.
d
ho
ppr 1
l
1
• an
r
then
T i
ed
into
I
t1on tor
t
V
11
1
property, th
l
r into~
1
fl
po
o.1
0
h
C
i
co 1 ion.
len 1
· rn.
t con 1
LAW OFFICES
i
co
isal Co
GEO. S. HARNSBERGER
of
io
lor
i
cr.s of
6
t
tho
u.at
st
t
pr 1
of
t
of Cas
f
info
e r
l nd, i
y '
1
I
G
r •
rd
only
fi
on
�.,_
per
V
01'
tor '"he
e ulu.
f rm that
cul
id
hi
C
tor
ll
h1
e of
n
are
1on
per a r
t
ti
Th
O"-'d
l
I)
id
a.rd, is only
consldera ion
replaced
r
v
p
s orn t
s urczi e
i
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG . VA.
76
F
�IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY,VIRGINIA.
The State Commission
on Conservation and DeveloIJ11ent
of the state of Virginia
vs.
Cassanqra Lawson tkins and others
and 52,501 acres of land in
Rockingham County.
The affidavit
,
o:fa .~
to be read in
connection with ~he motion f i l : ; ~ a y l o r to have the
finding of the Board of
ppraisal Commissioners disapproved in
connection with its finding No. 62.
State of Virginia,
County
This day -t-~~~LJ.'..:::!:::: !::::~~~~----perso nally appeared before me, -.~.:J_~;;....J~;._,,4&- ---------' a Notary l?U.blic in
State of Virginia, in my
and for the County aforesaid,
County aforesaid, and, being duly sworn, deposes and says:
I am well acquainted with the home farm of Cassie M.Naylor:
situate on Elk Run, about four miles east of Elkton, in the edge
of the Park area.
I have been informed that 86 acres of said
land, ref erred to by the Board of Al)praisal Commissioners as
slope land, is the same as the timber land upon said property, and
is valued at only $3.00 per acre by said Board.
This is a to-
tally inadequate valuation of said property, the same being worth
at least $10.00 an acre.
This is one of the best improved prop-
erties in the community, and the improvements, with the exception
of one barn, are insplendid condition.
I am informed that the sai
Appraisal Commissioners have only valued thent at $5,280.00.
I
do not consider this a fair valuation tor said improvements. The
same are worth at least from three to five thousand dollars more .
I am further informed that the said Appraisal Board valued the
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG , VA .
wood upon said farm at only $50.00.
Thi s is only about fifty cen s
�--2-per acre for the 86 acres ~ which is practically no value at all
for the wood .
The wood upon said 86 acres is worth many times
the value which said Board has allowed .
The lands upon this
farm that can be cultivated and grazed are in a high state of
cultivation and are fertile .
I am informed that the a verage valu
per acre for said lands, a s allowed by s aid Board, is only
$61. 95 .
I do not consider this a fair or adequate consideration
for said lands, nor could a f arm of this character be replace d
for anything like said amount .
Sbuscribed and sworn to before
me this
?-r--
day of September,
1932.
~
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG . VA.
6li c,
�IB THE CIRCUIT ooqRT OF ROCKING
[ COUNTY. VIRGINI .
The state Commi•aion on
Conservation and Developnent
o! th
:;ta te of Virginia
vs.
Ca eandr La. son tkina
nd others and 52 ,!>ol acres,
mor or le 1,, in Rock1J3Bham Cou.nty,
fi\ed in the C\erk's Offic0
Rock'ingharn CounW, \Ja.
Ir \932
l\"-'I
u 1-1'
,~
Virginia.
______ ______ ______ _ • pu.rsu.ant to a deoree
entered in the above entitled oau.se on October 25, 1932, in re~onse to Ite
No. l of the inquiry made in aai d
ecrc.
You.r respondents sq that the acre " ge listed in the re-
port of the Appraisal Bo rd,
u.nd
, i
r its No. ~
believed
to be approximatel y corr ect , and that they do not desire to make
obJeation to the
allo ed them to
exceptions heretofor
your res pondent
there given.
tu.rthar oa.y that 1 t
onaent
You..r re
of aore
ore ge a
hioh exception wa
s not the . number
t aken, but that the
filed by them were to the amount allowed
per uore .
By Counsel.
~-~~
oouns• •
~
..
LAW OFFICES
~EO. S. HARNSBERGER
HARRISON B UR G. VA.
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Source
A related resource from which the described resource is derived
Naylor, Cassie - Shifflett, Ahaz
Identifier
An unambiguous reference to the resource within a given context
naylor-cassie-m.pdf
Title
A name given to the resource
Naylor, Cassie M.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Elk Run
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): 62
Format
The file format, physical medium, or dimensions of the resource
PDF
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Naylor
-
https://omeka.lib.jmu.edu/erp/files/original/425248d4896eae193c528b0f7313ab41.pdf
6ade10d7b8f2d75760ed1f3687e9d773
PDF Text
Text
ROCKINGHAM COUNTY
--.,-,- - - - - - - -- - - ----
N_AME OF CLAIMANT
#65 - Naylor , J . T . & Elizabe t h J .
Number Qf Acres:
97
Location: Elk Run and entirely within the Park area .
Roads:
Three and J ne - half miles v ia dirt road and one mile of
hard surface to Elkton, the nearest shipping point .
reSoil· Clay loam, slope type of a good depth and fertilit y . The of
is
land
farm
the
and
out
worn
is
tract
this
. stoclcing on
thin soil with a good stand of scrub pine . Some gullies . Some
scatteri ng loose rock over t h e entire area a nd there are some out CI>..ons on. .the wooded area ,
History ot Tract and condition ot timber:
Most of the merchan table saw timber has been removed from tfuis
The remainin g stand consists of oaks, hickory , and a
tract .
small amount of yellow pine•
DWELLING - -- --Log , 14x22 1 , shingle roof , brick flues ,
Improvements:
poor conditio n, occupied by tenant .-- -- - BARN-- --Log , 14xl6xl0 '
shingle roof , poor conditio n .
Acreage and value of types:
Types
Value per acre
Acreage
Total Value
Ridge:
43
@
$ 4 . 00
$ 172 . 00
Grazing Land:
12
@
20 . 00
240 . 00
Fields Restocking:
42
97
@
10 . 00
420 . 0 0
$ 832 . 00
Slope:
Cove:
Cultivated Land:
Orchard:
Minerals:
Value of Land: $ 832 • 00
160 . 00
Value of Improvements: $ 160 • 00
Value of Orchard: $
63 . 00
Value of Minerals: $
114 . 00
$ 1169 . 00
Value of Fruit: $
Value of Timber: $
63 . 00
Value of Wood: $ 114 .oo
Value per acre for tract: $ 12 • 03
Incidental damages arising from the taking of this tract: $
None .
�more-or less, of land in_- - J t ? ~ - ---- - ~ o u n t y , Virginia, -Defendants .-------The undersigned, in answer to the p e t ~ the State Commission on Conservation and Development of the State of Virginia, and in response to the notice of condemnation awarded
upon the filin~f said petit· n and published in accordance with the order of the Circuit
____ _ ~ County, Virginia, asks leave of the Court to file this
Court of__ j
as his answer to said p ition and "to said notice.
~~--~ 6 d---
0 ~ ------------ ----; ; .-----------My name is ___ :,Z ________ _
My post office address 1s __ ~ ~-1--__b.!__0_::. __
I claim a right, title, estate or interest in a tract or parcel of land within the area sought
cres,)jn which there ar the following
to _be_ condemn~d, containing _about_ ______
---~
bmldmgs and improvemen ts. ___ ~
U..:/., ____
9-_7-______
~ --~
7
---£ --~
----
------------ ------------ ---------- ,----------------- 70;;:7-;;,---- ------------ ----------
--------Virg inia, in
This nd is located about_ ____ ¥..,&:. _miles from _____ ~ -~
_ _ _Magisterial District of said County.
the - ~
I claim the following right, title, estate or interest in the tract or parcel of land described above: (In this space claimant should say whether he is sole owner or joint owner,
and if joint owner give names of the joint owners. If 'claimant is not sole or joint owner,
he should set out exactly what rigl).t,_ title, estate or interest he has in or to the.J,ract ..or_
Pparcel of land described above.) ~ ~~ f_C~ ~ ~ lS
r/~_7
~
«--
,Y/~ 1 , ~-~
--~
-~
-j-T,,,~ - --~ -
-~"D--~ -~--r-·-C: :.n¥-& .._ri~-2~-= -
~~~nd
o~acen-¥ t~ri~ ;~t-o r ___reel of land are as follows:
-~-~ -----·---------------_/ ; ; [ e _ ~_-------------------------------
South _________'.{_L--/-J-~--J::M~-- = 4 ~---=-
East _______ ~
--
--7
o;:~-;~:-;:~~~/_j Ji;~-;:
~;;X,~~-:;~:~~est ro-~~;-;r
acq:i::~;;;;_
f oll,9-wing manner:
1
__ J-J!.~~ - - ~~ ~--~
---~
--------------
I Jiaim that the total value of this tract or parcel of land with the improvement s thereon is $_Ll,__t?:!:}______ I claim that the total value of my right, title, JState or interest,
------·
in and to this tract or parcel of land with the improvement s thereon is $---'-- ~
I am the owner of_ _______________ acres of land adjoining the above described tract or
parcel of land but lying outside the Park are a, which I claim will be damaged by the proposed condemnation of lands within the Park area, to the extent of $----------- -------·
(In the space below should be set out any additional statements or information as to
this claim which claimant desires to make; and if practicable he should also insert here a
,
description o~ the tract or parcel otland by metes __and bounds).
. / ~marks.
~.-:,-,,,
-~,;.-~-~-J::i:::)1~_-')J!:!·a
-~--~~ ~--7 !L:r-~µ'¼ _ : ~C&.--~
.ft_·---~ -M-~-'-~
t£_L~- :tt---~ ~ ~ ~ - ~ ~ ~ - ~ ~ y _ £ ~ ~ ~ -ib£~ ~ c g-<l~~-W!f~ :-~;2f ;_s_~
------------ ------------ ------------ -------- (Continue remarks if necessary on thfbacK).)
of _·tness_:~-:~~:~~r1~<; my name and :~~~T~~~=~~~~~~~~~:~
ATE OF VIRGINIA, COUNTY OF_~---- -r::r----- - - - - ~it:
~oev~~~~~i5~~~i!~ne~~e~~~~~~;
~-~fe-~~-th-th;_t-th~-~-~t~~s
t : ~ ~ ~ ~_lh~
the
an_d things appearing in his~ bov nswer are true to the best of his knowledge and belief,
~"") /._
this ____~ -7 ---------day of_ _________ ___ --, 193~
..
----------------- ~_u:_Je ___________ _
.Clerk of the Court, ol Special Investigator or
Notary Public, or Justice of the Peace.
2.17'
��Jo6 - Nc..ylor , .r.
'I' . & .-!..lizabeth
.r.
County: r.ock ingllam
District : Stonewall
N
s.
.Je' n
Z. N.
I.
c · niel
Tl
J.. •
z.
1: .
LcDnniel
L_,_,G3CD
Slope - 1£stockine
Grazing
Sc le - 1" - 20 chains
�county: Rockingham
District: Stonewall
#65 - J. T. & w11zabeth J. Naylor.
Acreage Claimed:
Value Claimed:
Location:
97 A.
Assessed 106-28
1200.00
~lk Run and entirely
16IT
"
$280 .00
ith1n the
Incumbran oes, counter claims or laps:
Deed 97 A.
(1904)
"
$800 .00
rk area.
None kno~n .
Clay loaqi, slope type of a good depth and ferti l ity. The
restocking on thls tract is wo r n out and the farm land is
of thin soil ,1th a good stand of scrub pine . Some gullies.
Some scattering loose rook over the entire area and there
are some outcrops on the wooded area.
Roads:
Three and one-ha l f miles via dirt road and one mile of hard
surface to 1lkton , the nearest shipping point .
1Iisto7y of tract and c)nd1tion of timber: Most of the merchanta ble saw timber
has been removed from this tract. The r emaining stands consist ,
of oaks, hickory and a sma ~l amount of yello~1 pine, about 4 cords
of fuelwood per acre -21 L . bd . ft . of sa timber 1 $3.00 per M.
<jj/ 63.00
152 cords of fue l wood
75a
114.00
$177.00
Improveme nts: Dwel:.ing: Log , 14x2'3' , shingle roof, brick flues, poor
condition , occupied by tenant
100.00
~ : ~og, 14xl6xl0' , shingle roof, poor condition 35.00
$I3o .ou
Value of land by ty~es:
!ll!
Slope
Fr
Fg
n.creage
i3
42
12
---w-
value
per a cre
$3.00
5.00
15.00
'f otal
Value
129.00
210.00
180.00
$519.00
Total vale of lund
, 519.00
Total value of improvcme nt ~l35.00
Total value of timber
17?.00
Total value Jf orchard
15 .00
Total value of tract
$846 .00
Average value per acre
8.72
1/(,,
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Source
A related resource from which the described resource is derived
Naylor, Cassie - Shifflett, Ahaz
Identifier
An unambiguous reference to the resource within a given context
naylor-j-t-and-elizabeth-j.pdf
Title
A name given to the resource
Naylor, J. T. & Elizabeth J. Heirs
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Elk Run
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): 65
Format
The file format, physical medium, or dimensions of the resource
PDF
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Naylor
-
https://omeka.lib.jmu.edu/erp/files/original/feaaee5c57bcf346fc306e8e550724f9.pdf
ecad1081aa55eed7fda0ffe25f22cdcc
PDF Text
Text
NAME OF CLAIMANT
#2 98 - Nic holas , Carri e ~ .
Number of Acres:
,10
Location:
r e.d i son Run .
Roads:
T.10
Soil:
...::ntire ly wi ti1in t:1e Park c.rea .
mi l es vie d.irt ro c to . ort Repub l ic , the neL.res t ·
sl1 i J.::>in,s point .
. . . nc: o.ncl cL:.y l oc1:1 , c ov e :c...nd s l optc: tr ,es, f~.irl" smooth ,
gentle s l opes and i2 of ~~ir depth .n~ L~rtil ity .
History of Tract and condition of timber:The mer:chc. .ntuble san t i mber ht1s been
r eraoved f r o'11 the s l ope type . ...,11 :l cove t~rpe on t:ds tract
has about 4-Z :- . d . ft . consist inp- or oaks . T: ere io ~ bout
3 cords fue l \tood per acre on cove type .
12' . bcl . -Pt . of so:d ti:::1ber .
,;,,o cords f',1e luood .
1
Improvements:
Acreage and value of types :
Types
Value per acre
Acreage
Total Value
Ridge:
Slope:
30
v.3 . 00
.r l OO . 00
Cove:
20
7 . GO
l <~O . 00
Grazing Land:
Fields Restocking:
Cultivated Land:
168 . 00
Orchard:
20 . 00
Minerals:
Value of Land: $ 3t.t0 . 00
Value of Improvements: $
Value of Orchard: $
Value of Minerals: $
Value of Fruit: $
Value of Timber: $ 1 6 · • 00
Value of Wood: $ .:30 . 00
Value per 'acre for tract: $
1 0 • 70
Incidental damages arising from the taking of this tract: $ :;o, e .
ff.,
?~ ,
c-7--~ -~-- .: /~/
- -~--....'---'--
cr.:m:.
\I~
�>--'---'
-
d0.,~ _ .JY~ ------------------------------------- __ _
Claim of____
_T.
In the Circuit Court of_ __&0.~--~
-----County, Virginia, No,/_ 'l'_ _2-:.,, At Law.
~e State Co~ = ~:r~~~ D~~ o~ ~
te of: irginia, Petitioner, vs. _____________________________________________________________________________ _
mo:e;~~'
~ f ;:;:; : :__ ~
-~
--County, Virginia, -~efendants. -------The undersigned, in answer to the petition of the State Commission on Conservation and Development of the State of Virginia, and in response to the notice of condemnation awarded
tion and published in accordance with the order of the Circuit
upon the filing of sai~
Court of__ ~ ~ ~---~
-- County, Virginia, asks leave of the Court to file this
as his answer to said pj tion and to said notice.
My name is _________ tl-i-1...U _
_ / J r ~ ----~ ____________________ _
My post office address is _______ f_~,,-~
_____':_ _____________________ _
T
I claim a right, title, estate or interest in a tract or parcel of land within the area sought
to be condemned, containing about ____ j::&_ __Lf__c2)___ acres, on which there are the following
buildings and improvements=------------------------------------------------------------
C1-~___
This land is located about_ __
miles from_( ~ ~-- ~ -~ --- Virginia, in
the ____ ~ . ± f .Magisterial District of said County.
I claim the following right, title, estate or interest in the tract or parcel of land described above: (In this space claimant should say whether he is sole owner or joint owner,
and if joint owner give names of the joint owners. If claimant is not sole or joint owner,
he should set out exactly what right, title, estate or interest he has in or to the tract or
parcel of land described above.)
The land owners adjacent to the above described tract or parcel of land are as follows:
North ___ ~
:f'Lvp-,;s~4&.---,. ____________________________________________ _
South ___
a d _ \ J " ~ ~ ---------------------------------East ______(/!i£~ ~ ~ ~ ~-------------------------------------
½
West _______ ~
d . O ~ - -----------------------------------------I acquired my right, title, estate or interest to this property about the year _/_ f_?::f.: _in the
,
following manner:
cfl-
--~~,f~~/r~~--~ -__ ,&,-13._/t.!-l-tP - b"3 3 ---~' ___ _
__ J;t __
~~---ft,!==~~v¥~--
/Lfl - -
------------------------
I claim that the total value of this tract or parcel of land with the improvements thereon is $_.1.tl_fJ..r).r_arJ_ __ , I claim that the total value of my right, title, estate or interest,
in and to this tract or parcel 9f land with the improvements thereon is $_.Laa_a .. _(,2.LJ__ ,
I am the owner of_ __ J__a___ !...!..:?__::.~_acres of land adjoining the above described tract or
parcel of land but lying outside the Park are a, which I claim will be damaged by the proposed condemnation of lands within the Park area, to the extent of $------------------·
(In the space below should be set out any additional statements or information as to
this claim which claimant desires to make; and if practicable he should also insert here a
description of the tract or parcel of land by metes and bounds).
Remarks·-- ------------------------------------------------------------------------
-------------------------------------------- (Continue remarks if necessary~
he back).
eto) _this ______________ _day
Witness my signature (or my name and ~ rk att~che~
j~--~---------, 193~.
sTJl'E OF VIRGINIA, COUNTY
of __
{tJ__ _~
--L~_2)....£c~~--------
OF_ ~~.!¢=;;{;-- -----, To-wit:
The undersigned hereby certifies that=-::6_~ ~-- L ·---~
------------------the above named claimant personally appeared before him and made oath that the matters
and things appearing in his above answer are true to the best of his knowledge and belief,
this ________ B::'_~ _____ day of_ ___ ; - ~-------, 193(
~
t--,,'t ~
~~
------------------------ ~
-of the Court, or Special Investigator or
y Public, or Justice of the Peace.
�~-- --- -- - - - -- - - - - - -- - -=.a==--== ==~ --== === ----~=-~--_ ___. ._,
county : nock incha~
Distri ct:
: 298 ~rea.g e Claime d:
Volue Claim ed:
So il:
Roads :
Carrie T, Nicho ls
f
1000.
ssesse d
tt
40
_, 680 . 00
Deed
40
I nheri ted
"
AREA & 37 A.
t_ad1so n Hun, eut irc.ly within } a r k aroa.
Loca t i on:
Laps:
40 A.
,tonowall
None known .
Sinoe examinntion has been made opera tions has been begun
to out timber on th i s truct .
Sand and cla y low. , cove a nd slo e t yr,. e s , f a irly snooth ,
s entl e 4l ·)p es e.nd is of f a ir a.op t b und forti li t y .
2 n iles via dirt roa d to Fort Repub lic, the nea rest
s h ipp i ng : o i nt.
Histor y: ':'he meroha t a ble sa , timber has be en remove d fD om tl1e slope
t e . Th o cove type en thi s tract has about 42 1~. Dd, r
c onsis ting of o k s . 'l'here i s ,. bout 3 eds . f uel wo od pe r t.
acre on cove type .
42 M. Bd . F t. of s aw ti ber
,4 .oo p er L. .
168 . 00
40 c o rd
fµel wood
5 v ¢ ed.
20.,00
188 .00
Inmrov cment s:
Value of land by tyne~:
m:-
Acreae e
20
20
,n ope
Value
r cr a cre
)S. oo 3 . 00
Total
Value
:Ioo .oo
60 .. 00
'160 . 00
Tot a l value of' l a nd
To t al
VUlU C'
' 160 . 00
of i mp r ovemen ts
'I4o tal value of timber
108 . 00
To t al val ue of' tro.ot
348 . 00
acre
verage va lue per UDEe
B . 70
32:
�/
#298 - Nicnols, Carrie T.
County : Roc kinghan
Distri ct : Stonewall
N
ii
(''
w.
J.
/a gner et al
Downs
'\
R. A. Scott - ~ state
Ll!!GEND
Cove - Slo pe
Scale - 1 11 - 20 chains
4(0
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Source
A related resource from which the described resource is derived
Naylor, Cassie - Shifflett, Ahaz
Identifier
An unambiguous reference to the resource within a given context
nicholas-carrie-t.pdf
Title
A name given to the resource
Nicholas, Carrie T.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Madison Run
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): 298
Format
The file format, physical medium, or dimensions of the resource
PDF
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Nicholas
-
https://omeka.lib.jmu.edu/erp/files/original/6546c0fae830979bd5288d86ec50126d.pdf
7c0e5cffd997f108cb3c2ad57dcaf21f
PDF Text
Text
NAME OF CLAIMANT
.., .,..., I/'-:,o<')
Number of Acres:
Location:
Roads:
.,.,
_.
lC•h O lrc:...S ,
'T "
~
-T ·
12
I:adison Run t..nd entirel7 \.'i thin t:iie ; arc aree .
.1.ho _;_'Jd. one- 11'-'.l:' ~1iles via. -irt ro d. to :-1ort ~-~)ublid ,
t~3 ~e~raat a~i?Jing point .
Soil:
~
und and c;L,'r lo . . .:::n, s l o1Je type ,
good depth und fertility .
smoot~~ e; ntle slo_Je, o:..
" ~i~ tr,,ct as n..,011t 34 ". ft. oi'
History of Tract and condition of timber:
1
.1erc : .1ja le s:::..w ti-1ber -:onsistinr:: of .:·1it·), red ·,nd
chestnut o~ks end~ ~1~1 c...~ou ~ o: 'Jllow Dine c:...nd ~~out
4
cor
34
:1'.' 1 1
3
lirood .::1er ncre .
i't . s1:.,. .; ti: b~r c...n'l 1.l:8 corc1s fuelwood.
p.
Improvements:
Acreage and value of types :
Types
Acreage
Total Value
Value per acre
Ridge:
Slope:
1~
,...i . OO
:, 00 J.,()
11
Cove:
Grazing Land:
Fields Restocking:
Cultivated Land:
2( . 00
Orchard:
Minerals:
Value of Land : $ 0 O • 0 O
Value of Improvements: $
Value of Orchard : $
Value of Minerals: $
Value of Fruit: $
Value of Timber: $ 1. ". 00
Value of Wood: $ 3 _; 0 ·
Value per acre for tract: $
18 . '3 !2
Incidental damages arising from the taking of this tract: $
Hone .
- ~ ~_..'._01.::.,:••
101
�~ z A , , 1J 1
~~a::e ~ir'!;,
~ourt~ ~ ~ ~- -------County, Virginia, N"·--------, At Law.
The State Commission on Conserva~and Development of the State of Virginia, Petitioner, vs. _____________________________________________________________________________ _
--------------------- .-- /1
d~~------------------------. --. .----------------------
more or less, of land m _ ~ ~---------County, V1rgmia, Defendants.
The undersigned, in answer to th etition of the State Commission on Conservation and Development of the State of Virginia, and in response to the notice of condemnation awarded
upon the filing of said petition and published in accordance with the order of the Circuit
Court oL~~J,-~-------- County, Virginia, asks leave of the Court to file this
as his answer to ~d petition and to said notice.
My name is.Gv!:;:_L .1.tl:~~----------------------------------- --------My post office address is __(j'rii..__~ ____
Jl!!fr__________________________ _
I claim a right, title, estate or interest in a tract or parcel of land within the area sought
to be condemned, containing about_ __ L,.t __
acres, on which there are the following
.a,. _ _ _ _ _ _ _ _
buildings and improvements=---------------------------------- ---- - -~-------------------
---. ------.----------------------------.---------------;,;,;~JJ
~
--------- .--.-. --.-
Th1stf~d 1s located ·abo~L~ ---:--~-mlles :rom_fit.:i_JL~~--------V1rg1ma, m
theA/ou.~__ _Mag1sterial D1str1ct of said County.
I claim the following right, title, estate or interest in the tract or parcel of land described above: (In this space claimant should say whether he is sole owner ft'" joiut 11@oex:,
~ t s111 ncr gi: e BaHi99 ef the joint ownei si If claimant is not sole or joint owner,
he should set out exactly what right, title, estate or interest he has in or to the tract or
parcel of land described above.)
A/4. _ ~ --------------------------------------------------------------------
~~::'tt£:"J£ll:£t.M~~-~>J:~!c<~~-~~~~-~~~-~-~o~~~~::
South.6l.._C~
J~~~------------------------------------------ - -
East_~'/f~
Jl ;---------------------------------------------
West---~---J:/2~-l~~------------- ---------------------------I acquired my right, title, estate or interest to this property about the year /_'£,.']_[_ __ in the
il:l~~:!J.J--manner:
-W • I d
~-d.--f:lil"~~(~ ------ ---~-------------,--,------.--Cu4 /H-----W-----~-~-~ ----·-~.,{t{_'uik
-t-
I claim that the total value of this tract or parcel of land with. tJ.e imprnven:n;mbs Lh:~;ceon is
I claim that the total value of my right, title, estate or interest,
in and to this tract or parc·e1 of land w:ifb fbe im13re,cmo:ets the: emds $_j_n__~--I am the owner of_:ftt __________ acres of land adjoining the above described tract or
parcel of land but lying outside the Park are a, which I claim will be damaged by the proposed condemnation of lands within the Park area, to the extent of $------------------·
(In the space below should be set out any additional statements or information as to
this claim which claimant desires to make; and if practicable he should also insert here a
description of the tract or par~el of land by met~s and bounds).
j:l
0
Remarks :J.__1Af.!"L_"i_~~-~~.._~ ~ ~ - - ~ ~ ~ L __
$_:Jf'.l_ffe---·
if~~4:=~~:6~ :~~:~::::::
-------------------------------------------- (Continue remarks if necessary on the back).
1~3,"
of_~s-:y_:~~:t~r
my name
:d~~JG~~~is~~~~~!~~~:~
OF_~~:1~-------,
STATE OF VIRGINIA, COUNTY
To-wit.
The undersigned hereby certifies thaL ___
the above named claimant personally appeared before him and made oath that the matters
and things appearing in his above answer are true to the best of his knowledge and belief,
this _______ ~-~-----day of_ _____
193(1.'
.£~~-~~-~--------------------
<±~--'-----,
Cl"'~~~~~~~P~;to~
N tary Public, or Justice of the Peace.
��~Z92 -
i
*
ol-
. L.
county : .. 10 clcingha m
Distric t : ::::tone,lu.11
N
L...,G-::,. J
u~Ol}G
..::u . . . e -
-1 II
~u chains
�County: Rockingham
District: St onewall
~·. L . } ioholas
r12<J2
Acreage Claimed: 13 A.
Value Claimed:
Asse ssed
. oo.
ft
12
Deed
$60 . 00
AREAt 12 I¼ .
Location:
''
12
"°300 ~00
f.ra.di son Run, en ti rely Ii thin Pnrk a rea .
Laps: l one known .
Soil:
Sand and clay loam, slopo t ype, smooth gentle slopos
a good dept h of forti l ity .
Roads:
Tiistory:
of
2½ miles via dirt roa.d to r ort Republic, tho neare s t
shipping "'Oi nt .
This truot has abou-~ 34 1' ft . of merchantable saw timberconsisting of !::hi te, red and Chestnut Oaks and a sma.11
amount of yellow p ine and about 4 c-ords f uel wood r er
c.cr c .
34 M. rt . saw t i mber
,,.- $ 4 . 00 per H.
;> 136 . 0 0
48 cords fuel wood
. 50 per ca.
24 . 00
~1160 . 00
Imnrover ent s :
Value of l and by types:
~
Slope
Value
per acre
\ cruo.ge
12
Total va lue of land
'3 . 000
To t a l
Value
t 36 . 00
., 36 . 00
Tot al value of i mprovements
To tal value of t imber
To t al va lue of tra ct
1
vcrnge Value p er acre
-.!'160 . 00
196 . 00
16.3~
31
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Source
A related resource from which the described resource is derived
Naylor, Cassie - Shifflett, Ahaz
Identifier
An unambiguous reference to the resource within a given context
nicholas-f-l.pdf
Title
A name given to the resource
Nicholas, F. L.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Madison Run
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): 292
Format
The file format, physical medium, or dimensions of the resource
PDF
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Nicholas
-
https://omeka.lib.jmu.edu/erp/files/original/31783419bddabc3e7f65d5f62209727c.pdf
3bc220e3a8f6286f631c589f69be3600
PDF Text
Text
lf~,r,
Claim of_ _______ _: ________ _
,UVU_AIVlr
In the Circuit Court of_ ___, ~ ; .:. ;- -~ _____________ County, Virginia, No. !.f:J:1__ , At Law.
The State Co:t;ission on onserva on and. Development of the State of Virginia, Peti-
;~~~d:~~~~:~4gt;C~~~~;~~:a,:~:=~and De-
velopmentmf e State of Virginia, and in response to the notice of condemnation awarded
upon the fir
of ~~d ..Petition and published in accordance with the order of the Circuit
Court of_ __ _':!!__~~---- County, Virginia, asks leave of the Court to file this
as h:Ya:::: :: s~~ti~~~- ~ -~----
My post office address 1s ___________ !J_
'!t-_________ ~----~---------------- J_____ _
I claim a right, title, estate or interest in a tract or parcel of land within the area sought
to be condemned, containing about__L.!0.::._ -~----acres, on which there are the following
buildings and improvements=---------- --.,.----.-------- ---- gfi----- = ------------------
-- ~ ~ 1WAL-_ad {kt_ ~ : , _Qf'r--~fe: tuu -------------------. ------.----------------------------.--------- s::~------------ -- .--.-. --.Thr , / ~ed about_ __ .2_ ______ m1les from __~ _______ L
the ________________ _Magisterial District of said County.
_ ,:: ____________
V1rgmia, m
I claim the following right, title, estate or interest in the tract or parcel of land described above: (In this space claimant should say whether he is sole owner or joint owner,
and if joint owner give names of the joint owners. If claimant is not sole or joint owner,
he should set out exactly what right, title, estate or interest he has in or to the tract or
parcel of land described above. )
-- ~ - - O?o-u,,(/1/_/ ----- - ------------------------ ------------------ -- ----------------
I claim that the total value of this tract or parcel of land with the improvements thereon is $-{~~--~Q _____ . I claim that the total value of my right, title, estate or interest,
in and to this tract or parcel of land with the improvements thereon is $_.!.i_t!!~_<!..!_____ .
I am the owner oL __ ~ __ acres of land adjoining the above described tract or
parcel of land but lying outside the Park are a, which I claim will be damaged by the proposed condemnation of lands within the Park area, to the extent of $------------------·
(In the space below should be set out any additional statements or information as to
this claim which claimant desires to make; and if practicable he should also insert here a
description of the tract or parcel of land by metes and bounds ).
Remarks·-------------- --------- - ---------------- ---- - --- ----- - -------- ---------------------~ - ~d --~
--- ~
~
___
ru
~ t __
~ - - ~/ ~ _________ _
' ------------------------ ------------------- - -- - ---------- - ------ --
----------------------- --------------------- (Continue remarks if necessary otthe back).
·tness my signature (or my name and ma;k att~13Jd hereto) this____(_.?_=-----~day
j~;;;:: ;~---:!.~~~,j-~::'.~=-~:;i:f~::~;it;~:;;;::~~elief,
~~~~~;, 1~~~N~Y
;~ ;~-~;-··
QF__
The undersigned hereby certifies that_ _____._________ !"!l.:_! /~---------------------- --the above named claimant personally appeared before him and made oath that the matters
(]e:r]c cf tlw:::Ge&*,- or SpeciaH :trvestigatol- or
~;y· 1i /
;::::J~;;_
' f]~ ~~k
IT
Z1~
�....
filed in the Clerk's Office
Rockingham County, Va.
1 (' r,
FEDn,,
.i ..)
I
I
-----~- Clerk
'
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Source
A related resource from which the described resource is derived
Naylor, Cassie - Shifflett, Ahaz
Identifier
An unambiguous reference to the resource within a given context
mrs-thomas-m-nieswarner-bertha-m.pdf
Title
A name given to the resource
Nieswarner, Mrs. Thomas (Bertha M.)
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Not Specified
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): Not Specified
Format
The file format, physical medium, or dimensions of the resource
PDF
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Nieswarner
-
https://omeka.lib.jmu.edu/erp/files/original/ceead57c3d4dacdffca22b3d281e7dbd.pdf
a9c5829a9effd00df0533767ad4dd65f
PDF Text
Text
ROCKINGHAM COUNTY
NAME OF CLAIMANT
#40 - Nizer, R.
Number of Acres:
o.
102
Park line cuts property .
Location:
Dry Run .
Roads:
Five miles of country road to Elkton.
Soil:
Gravelly loam. On the lower slopes medium fertility, deep,
but stony . On the upper shallow and extremely stony.
Badly burned and repeatedly . On the
lower slopes there is a light stand of pitchpine saplings up to
Admixture of smaller hardwoods,
7u DBH and very scrubby.
mostly scrubby oaks . Plenty of reproduction. On the upper
slopes there is a well s tocked stand of larger pitch-pine up
to 9" DBH. Very small admixture of hardwoods. Stand is less
than 2 cords per acre of poor cordwood . -
History of Tract and condition of timber:
Improvements:
None .
Acreage and value of types:
Types
Acreage
Value per acre
Total Value
Ridge:
Slope:
102
$306 . 00
$3 . 00
Cove:
Grazing Land:
Fields Restocking :
Cultivated Land:
Orchard:
Minerals:
Value of Land: $ 306. 00
Value of Improvements: $
Value of Orchard: $
Value of Minerals: $
Value of Fruit: $
Value of .Timber: $
Value of Wood: $
Value per acre for tract: $3. 00
Incidental damages arising from the taking of this tract: $NONE .
~-~
CLERK.
�_L~____
County, Virginia, -Defendants.---- - - -more-or less, of land in_&-~,-The undersigned, in answer to the petiron of the State Commission on Conservation and Development of the State of Virginia, and in response to the notice of condemnation awarded
upon the filing of said petition and published in accordance with the order of the Circuit
Court o f ~ ~ ~ - - - - County, Virginia, asks leave of the' Court to fil~ this
as
_
---------_______
7
h:ya:::: :_:__~-~~d-k~---------------:.
_
_____________
L!_'J.
My post office address 1s___ ~
-L ~
..!J.. __
I claim a right, title, estate or iI\terest in a tract or parcel of land within the area sought
L~'-2-acres, on which there are the following
to be condemned, containing about_
:YJ#-
buildings and improvements=-------~--:::-~-=--Z:.....d=-:it..c'~-~-~--="1------------------------------
--------------------------------------------------~-------------- -- ;..;;?/ /
----------Virginia, in
Tl~~.. is located abouL ____2 _____ miles from_ ~
th . ---~ ~--Magisterial District of said County.
I claim the following right, title, estate or interest in the tract or parcel of land described above: (In this space claimant should say whether he is sole owner or joint owner,
and if joint owner give names of the joint owners. If claimant is not sole or joint owner,
he should set out exactly what right, title, estate or interest he has in or to the tract or
),~ ~~ la:...".:;t~ / d ~
The land owner~ d jE~t to the a
North_
d&-:¢"
~ ,.,:.,/.V
ve described tract or parcel of land are as follo,w s:
~-J~-~-- _________ ------------------------------ _______________ _
~
~::h~
--:::::::::::::::::::::::::::::::::::::::
K,_£?_ ·-~ ~ ---------------------------------------
West ____
1 acquired my right, title, estate or interest to this property about the year __Lf~}?-in the
~~-~~- ~ ------~ -
------- '-'-~
-d
i;h:;~;~;~::~:1:11~
~ ~lf m~;(~~~=::-;~~
__
on is $LP...J/2_, '::::-J __ . I claim that the total value of my right, title, estate or interest,
in and to this tract or parcel of land with the improvements thereon is $L~OL<2. _______ .
I am the owner oL _d _~ ___ _:__ acres of land adjoining the above described tract or
parcel of land but lying outside the Park area, which I claim will be da:~a~ ~y~
____ ___ _ .
__
p.o.sed condemnation of lands within the Park area, to the extent of $
(.....,._.,..~ below should be set out any additional statements or information as to
this claim which claimant desires to make; and if practicable he should also insert here a
_d_:ik~~;~~~~~~~~~:
~,{_ '----:__ :___ ----2-:------__ --~~ ~ - - ~ -----------
------ ---------------- ---- ----- --------- ---- (Continue remarks if necessary on the back).
_____ day
Witn.ess my signature (or my name and mark attached hereto) this __ _L~
~~~~,1~NTY OF______; ~-----------------~---: T~~~i;: -------- ----0
-::_ ________ _
-~ --~
The undersigned_ hereby certifies thaL_./Z_~..a_~ -~
the above named claimant personally appeared before him anrroa-de oath that the matters
an_d things appearing in his above :::::/_,r. are true to the best of his knowledge and belief,
~
~
--------:7;;• 1930,
day of__ _~
th1s ___
__,a1..:it.2____
~
-/
~•
~~L
~/;r·
J
£
.;/.
_, . . , ~
,
LI
7;
,,,..i i ~ ;-c~~-;.t;~ ~ ' ;t~ ~
0
1 ,;31
Now-y- Pultl-ie,orl-nstice of the-Peace .
�County:
District:
Rockinghan
Stonerroll
#40 - Fize:;.: , R·· O_.,
Acreage Claioed :
Value Clo.ioed :
Location:
Assessed :
103
$1030 . 00
Assessed :
136 A.
140 . 00
Deed:
136 A.
1927 tor
Deed:$200. 00 ,
Dry Run, Jark line cuts property .
Incur:ibra.ncea, counter clains or lapa :
I
Uone .
-
Soil:
Grovelly loan. On the lower slopes nediun fertility,
deep but stony . On the upper shallow and extreoely
stont .
Roads:
Five niles of country road to E lkton .
Histor
of tract and condition of tiober: Badly burned and repeatedly.
Ont e ower s open t ere 1s a light stand of pitch-
pine saplings up to 7" DBH and very scrubby . Adoixture
of ooaller hardwoods, costly acrubby oaks . Plenty of
reproduo tion .
On the upper elopes there is a well
stocked stand of la.rger pitch- pine up to 9" Dim . Very
soall adnixture of hardwoods . Stand is leso than 2
cords per acre of poor cord wood . The value of the wood
io included in the per a.ore value .
Ioizro vet1ent s :
None.
~
Slope
Value
Acreage
per acre
$2 . 00
182
Total value of tract
$204 . 00
Total value per acre
,2 . 00
Total
Value
v204 . 00
- - - - - ~ - ~ - ~ - - - - - - - - - _ ; f, J
�County:
rizer , ~ .
District:
o.
\\
''
J . R.Cook
Estate
;r . T "
l!eard
LEGEND:
sio~&
Scale - l
: 20 ells.ins
Rockingham
Stone all
�IN THE CIRCUIT COURT OF ROCKINGHAM COUN1'Y, VIRGINIA•
The State Commission on
Conservation and De velopment
o! the State of Virginia
filed in the Clerk's Office
Rockingham County, Va.
vs.
N V ;./ 1932
Cassandra Lawson Atkins
and others and 52,561 aores,
more or le as, in Rockingham County,
Virginia.
statement made by
--..i
~~
~
erk
~"'"..:..,. _&::.-::;~p-~__,.:;;;...=c.....::;.__
..........
- ~====-.. . ,.;;;.;;:;;==========:::!..--'
pu.rsnant to a decree
entered in th e above entitled cause on October 25, 1932 , in re-
s ponse to Item No . 1 of the inquiry made in said decre e.
Your respondents say that the a creage listed in the repo1•t of the .Appraisal Board, under 1 ts No.
,41:.t/J
, is believed
to be approximately oorre ot, and that they do not desire to make
an:y objection to the a ore age as there given.
Your respondents fur th r say that it was not the number
of a ores allowe d them t o vhich exception was taken, but tha t the
exceptions heretofore filed by them were to the amount allowed
your res pondents per ao_~
a.
~-...t!~,:L.,_~
~ ~~ - 3 / ~ ~ ~ -
~~
:/,,4-- ""t>-- 4-=4 ,..,..-,J......--
t>, '- -Ea
6= <L
~~;~
By Counsel..
~- ~
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG , VA.
4
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STATEM."ENT
m J. XJ
Geo .
OF
R.
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s.
Harnsberger, p.q .
ca-1
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STATEMENT OF COSTS, POSTAGE, ETC . :
C
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NIZER
a,
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�In re Arbi tratio n .Agreement subm itted to the
Gover nor , arisi ng in or out of the condemnat ion
proce eding s pendi ng in the Circu it Court s of
Virgi nia under autho rity of the Shena ndoah
Natio nal Park Act .
State Commi~sion on Cons ervat ion
and Development of the State of
Virgi nia
~~ce
C,\~~\(\
VS•
Cassa ndra Lawson AAtkins and other s
and 52 , 501 acres of land in Rockingham County.
In re excep tions of R. O. Nl.zer .
\
•\,,~w.l ' ". \\'\t
~a\'<\
~oc~W~
\ll~
co~"\~
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~.
To the Hon. Phili p Willia.ms , Chairman of the
Park Land Arbi tratio n Board .
In reply to the rules issue d by said Arbi tratio n Board on
Augu st 16 , 1933 , and in reply to your call there in made , the
under signe d begs to say :
The number of the tract owned by excep tan.t , as shown on t he
map filed in this proce eding , is 40 .
(a)
{b)
The acrea ge claim ed is
As the claim now under consi derat ion is based prim arily
upon the mine ral right s there in asser ted , the requi reme nts under
this secti on do not in their entir ety apply .
{c)
Suffi ce it to say here:
That the Appr aisal Board did not make prope r alt he
lowan ce for the land of your excep tant , as distin gti.is hed from
mine ral right s there in, in that it only allow ed to your excep tant
the sum of Three dolla rs per acre for his land when he had paid
(1)
Six Dolla rs per acre there for, and when the wood alone upon said
land is worth more than the total amount allow ed by the JU>pr aisal
~ .... i / ~ .US-•6,,-,,;d ~/a - ~ ~ . _
Board . ~
LAW OFFI C E S
GEO. S. HARNSBERGER
HARRISON BURG . VA .
(2)
That the repor t of the Appr aisal Board is furth er erro
�--2.----neous in that it does not take into consideration at all , or
place any value on. the manganese ore found to be in and upon said
land.
for
The geological reports~ both the State of Virginia and
the united States show tha t said mineral right s are located within
the manganese ore-bearing belt along t he western slope of the Blue
Ridge Mountains .
vey.
See Bulletin 17 of the Virginia Geological sur-
This survey was prepared in co- operation with the United
States Geological Survey.
The lands in which said mineral rights
exist have been partially prospected , and ore of approved analysis
has been found , and, from such prospecting as has been done , it is
believed that said ores exist in commercial quantities •
.AS
this
tract of land is located about midway between the Palmer lands on
Naked Creek and the Harnsberger lands at Elkton and in these.me
ore- bearing belt , it is believed that the statement made by
~
. c. J.
Bartells and referred to in the reply made by the Palmere is
euqally applicable to the mineral rights of exceptant,and the
statement attributed to Mr . Bartells and contained therein is aske
to be read in connection herewith.
t"'"J r- a oo. _.
The $ 4 ,> .,,.
claimed in this matter is not the full
value of the royalty on the ore sought to be taken in these proceedings , but, as the property has to be developed, and as it
takes money for such development , no larger sum is asked.
The Appraisal Board did not make any allowance for inci dental damages to that portion of your exoeptant 1 s land which are
left out of the Park area.
In this the Appraisal Board erred , be-
cause it is a well known and recognized f a ct in mining that the
greater the acreage the more valuable t he mining int erest , for the
simple reason that it gives more area for prospecting and development .
LAW OFFI CES
GEO. s. HARNsBERGER
HARRISONBURG . VA.
Your exceptant , therefore , asks tha t a :proportionate allow-
a.nee be made for that part of his land lying outside of the Park
�--3--area.
Your exceptant requests that this matter be heard at the
same time that the other exception s in regard to the manganese
mineral rights are being considered , as the primary evidence in
all of these cases will be t he s ame, only varying as it pertains
to the particula r tr act under considera tion.
State of Virginie. ,
County of Rockingham , to -wit :
personally appeared before me ,
.!Z....a~ a.':..J..~~. a~--- ---•
a Notary Public in and for the
State of Virginia , in my County aforesaid ,
County
and, being duly sworn, deposes and says:
I have read the above statement , and believe the state-
ments of facts contained therein to be true.
~
Subscribed and sworn to before me this
August , 1933.
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG. VA .
z1
day of
�filed in the Clerk'1 Offie
Rockingham Count}"
NIZER. R.
o.
SEP
40
ROCKINGHAM COUNTY
(/
f
1933
~~Cte
IN RE. ARBITRATION AGREEMENTS submitted to the Governor arising
in or out of Condemnation Proceedings pending in the Circuit Court
of Virginia under authority of the Shenandoah National Park Act.
SUMMARY ~TATEMENT OF PETITIONER:
EXCEPTANT:
ORIGINAL CLAIM:
Nizer, R. O.
Acreage
103 : Value $1030: Inc. Damages
VALUE PLACED ON TRACT BY lli TI TI ONER I S AP PRAISERS :
VALUE
TRACT NO .
40
INCIDENTAL DAMAGES
$204.00
Nona
BOARD OF APIRAISAL COMMISSIONERS FINDINGS:
MAP
NUMBER OF TRACT :
40
VALUE OF TRACT :
TRACT NO·.
40
VALUE
$306 . 00
INCIDENTAL DAMAGES
Nena
None
�The basic differences between Petitioner and this exceptant are as to the classificatio n and value of the land,
mineral rights , and amount of incidental damages .
Although we believe the values reported by the Petit i oner ' s
appraisers were very liberal and that the findings of the Board of
Appraisal Commissioner s as to values are substantially too high,
we have accepted and will not seek a lower valuation than their
findings as shown on the above tables in this case .
As to the classificatio n of the land and the other elements
of value we submit that these matters are correctly set forth in
the vvork Sheet of the Board with reference to this case, and not
as set forth in exceptant 1 s statements .
This Work Sheet is filed
with the record and a copy of this Work Sheet is submitted with
copy of the record tendered here~ith, and additiona l copies of the
Work Sheets in this case will be furnished if desired.
(/- //
_
Subscribed to and verified before me this the O
1933 .
~
day of September,
j(.~
Emma K. Stokes, Notary Public
,,,,
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LAW OFFI CES
GEO. S. HARNSB ERG ER
HARRISONBURG. VA.
Z2C
�£aw Office
~eo.
S
o/
Jlarnsberyer
Xarr/son6ury,l/4.
Aug . 11,19::l3 .
To the Hon. Philip Williams , Chairman of
the ParA Lanct Arbitration Board;
This is to certify that I,the undersigned,have employed
Geo.S . Harnsberger,Attorney, of Harrisonburg,Virginia,to repres ent
me in all conclenmation proceeuing s in connection ,vith my lands
in the nhenand oah National Par~ area .
231
�IN THE CIRCUI T COURT OF ROCKINGHAM COUNTY,VIRGINIA.
The State Commission on
Conserva tion and Development
of the State of Virginia
vs.
Cassandra Lawson Atkins and others
and 52,501 acres of land
in Rockingham County.
TO HON.H.W.BERTR.AM,JUDGE OF SAID COURT.
The motion of R.O.Nizer, praying said Court to disapprove and to deoline to accept the findings of the Board of Appraisal Commissioners, heretofore appointed
by
said Court in said
matter, wherein said Board reported, under No. 40 of its findings, as filed in the Clerk's Office of said Court, that moveant
is only entitled to th:t-ee dollars per acre for his lands siauate
in the park area, on the western slope of the Blue Ridge Mountains, in the eastern portion of Rockingham County, Virginia.
The grounds of said motion are as follows:
(1)
That the report of sa id Appraisal Board is erroneous,
in that it does not take into consideration at all, or plac e any
value upon, the manganese ore found to be in and upon said land,
although the existence of said ore was clearly pointed out to
the Appraisal Board.
Reference is here made to the claim filed
by moveant before said .A,ppraisal Board for the value placed on
said ores by the moveant.
(2)
That the said Appraisal Board erred in allowing to
moveant the totally inadequate and confiscatory sum of $3.00
per acre for his land when moveant paid ~6.00 an acre for the same
and when the wood upon said land is worth more than 11:i:: is allowed
for the land by said Appraisal Board.
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG , VA .
(3 }
That the finding of said Board was based upon a mist ake
of law as to the nature and effect of the evidenc e produced
�-,-.2--
produced before said Board by the said moveant.
The affidavits attached hereto are asked to be read in
support of these exceptions.
(9 .•o
od J CR . By
c~·U~·---:.;...
cs:M
Cou.nse •
.__,.,., k&a. s.~
·o ,.,__,,J)
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG . VA.
., e •
,
�IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY,VIRGINIA.
The State Commission on
Conservation and Development
of the State of Virginia
vs.
Cassandra Lawson Atkins and others
and 52,501 acres of land in
Rockingham County.
The affidavit of Robert O.Nizer, to be read in connection with the motion filed by him to have the findings of
the Board of Appraisal Commissioner s disapproved in connection
with its finding No. 40.
State of Virginia,
county of Rockingham, to-wit:
R.O.Nizer this day personally appeared before me,
~----'
..;:..;;..~JJ~~(f!,.::..;::_~D~~~·
_ A;J
a Notary Public in and for the
County aforesaid, in the state of Virginia, in my County aforesaid
and, being duly sworn, deposes and says:
I paid for the land involved in this matter the swn of
$6.00 per acre, as shown by my deed for the same.
The Board of
Appraisal Commissioner s only allowed me ~3.00 per acre, which is
not sufficient to pay for the firewood thereon.
I have sold some
firewood off of the land lying adJa.cent to the land in question,
w~ich land was acquired under the same deed, and is the same
character of land as that now being condemned by the Commission,
and have received considerably more than $3.00 per acre therefor.
This character of land independent of any minerals thereon, is
to-day worth at least $10.00 per acre.
what adjacent lands are selling for.
This opinion is based on
The land in question lies
upon the west slope of RuckleberryM ount&in, which is a spur of
the Blue Ridge Mountain, and in what is n~enera lly known as the
manganese ore belt, and is situate about three miles from the
LAW OFFICES
GEO.
s.
HARNSBERGER
HARRISONBURG, VA.
Elkton manganese mines.
The land clearly shows ou t-croppings
�--2--of ore, and ore-pits have been dug upon the adjacent land showing
that considerable ore exists even near the surface of these lands.
When the Appraisal Board had this matter under consideratio n, I
went with them upon these lands , showed them the ore-pits on adjacent land , showed them the out-croppil'.lg s on this land , and,
after inspection of the same, the Board gave me to understand my
lands contained valuable and rich deposits of ore for which~
it would allow me at least some reasonable compensation .
On the
contrary, however, its report shows that it made no allowance
for minerals at all.
In my claim filed in this matter, I set
forth the amount that I considered reasonable for the ores and
also for the land in question , and I ask that that claim be read
in connection with this affidavit.
I am informed that Bulletin
17 of the "Manganese Deposits of the West Foot of the Blue
Ridge , Virginia", which was "PREPARED IN CO-OPERATION WITH THE
UNITED STATES GEOLOGICAL SURVEY", shows that my land lies in the
ore-bearing manganese belt , and as this land is situate between
the known ore- bearing lands at Elkton and on Naked Creek and as
the ore is shown upon the land itself , there is every reason to
believe that ore exists on this property in commero:lal quantities.
The Appraisal Board not only informed me , but told others, that
there wae a better indication of manganese ore upon my lands
than any other land it had examined.
Subscribed and sworn to
before me this
1-0
day of
September , 1932. _/
_ ,.,-_ _,
-l/i~
A\J. . . .J"'. --f-~-.l(i,,,o,
- .. . i
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG . VA.
Notary Piiblio .
�etate
fh
ion on
evelo
001 ·111
ns rv tion
of the
n
te of
l:l
., .
• eon
0 s andr
.n
others
d
more ·or le
tl
irgini
·ir.
s~. 561
, in
J.\O
.ucr
o 1ngh
•Oounty,
Lli •
V
ocree
pt1rsa.ant to
eo
ro
1
• 'Ponee
0
the
Ite
.
tour
bov~
ntt tled o use on Octob r 25, 193~, in
o. l of the i
airy
'Y th t
ponden.t
e in
aa
·O
od
ke
·,o f'
ny objootlon t o
Y ur
of a ore
.e ly corr c
ap-pro-x:1..r
1·
ther a
a llow d them t o
e x.oep ttone he :re to:i:ore
l le
your respondents per
ore,
WV7~
~
hiah
t
nd
1-n ~
tber
given .
vb i it
o p tion
0
ta
u
e om er
n, but tha t the
mou.nt
l.lowe
{-n ~ -4' ~
By ~oun
(S '
.
ey do not desire
hat
by them we "e to tb.e
~
r
o. __ ..:i,Q _ _ is
tn a creage
spon ent
eoree.
l i t din
th&
ort of the Appr teal :.Sou d , under 1 ta
be
i.d
i· •
1.
L ~-€£- J
~.
Oo lll'lsel.
LAW OFFICE S
GEO. S. HARNSBERGER
HARRISONBURG . VA.
Z.3sA
�--- --------------- ---- J
~
7~--------- J----------------------- ------------------more or less, of land in_~ ~ ~- ~
-County, Virginia, Defendants.
The undersigned, in answer to the petition of the State Commission on Conservation and Development of the State of Virginia, and in response to the notice of condemnation awarded
upon the fi~ ~ ~ : ; . ti~i~ __a~d published in accordance with the order of the Circuit
Court oL~ ------ ---~
County, Virginia, asks leave of the Court to file this
as h~ya:s:: :: said-petition _L ~oti...ce.
- - ------ --------- --- -----------
My post office address is_______
__ __ ------"J- ~
- ~L ___ £___~ _
.__ _
I claim a right, title, estate or interest in a tract or parcel of land within the area sought
to be condemned, containing about ____ . , L ~_____ acres, on which there are the following
buildings and improvements=- -----~
------------ - - --------------------
===~~~
I claim the following right, title, estate or interest in the tract or parcel of land described above: (In this space claimant should say whether he is sole owner or joint owner,
and if joint owner give names of the joint owners. If claimant is not sole or joint owner,
he should set out exactly what right, title, estate or interest he has in or to the tract or
parcel of land described above.)
.
---~ . A l _ ~-- ~ ~ 0 - ~ #,. -1o _.h-,..~ _ :d L4/<-v-
/4
.
/..e...-=-,-----------------------------------------------------------------------I acquired my right, title, estate or interest to this property about the year __________ in the
~~~~~~~E~e~
on is $/ - £ _LL_.- I claim that the total value of my right, title, estate or interest,
in and to this tract or parcel of land with the improvements thereon is $-./~J'-~--~ --·
I am the owner of_ __~ ~----acres of land adjoining the above described tract or
parcel of land but lying outside the Park are a, which I claim will be damaged by the proposed condemnation of lands within the Park area, to the extent of $--~ -~ -~ ~
~
ac'e below should be set out any additional statements or information as to
this claim which claimant desires to make; and if practicable he should also insert here a
desc~~::~~ ~ ~·~=~-b~.-11 ,~
-tdd~-~ ---:,!:_ ~fa--~
-
------------------------ ---------- ---------- (Continue remarks if necessary on the back).
Witness my signature (or my name and mark attached hereto) this __ _L_~ _____ day
of. i ~--, 19~
/4/4~_d'__~ -~ z ; / ~-------------STATE OF VIRt'.hNIA, COUNTY OF_____ ~ --- --- ----- -------, To-wit.
The undersigned hereby certifies that_d ! ; L . _ ~ ~ ~--------------------- the above named claimant personally appeared before hi~ and-~ade oath that the matters
and things ap~ ring in his abov~ answer are true to the best of his knowledge and belief,
this ___ ...-4 ~
--- -day of_ ~ _ :______ ,
~
~ ~ Lbf! _____
t.b-t4-V.
_____ L -:- - - ----·
/ //
Gler-k--ai"flre1 ourt, or
rn Invest-I~
/v-~~
. 4 ,;;!----:;::,
· iJ/- ~ ~ ; ; - .
~
/
maw.
.
4.!b~_£_____
Notar Public, or Justice of the Peace.
�.,l"
�35
IN THE CI RCUIT COURT OF ROCYI NG!L -,_~ COUNTY, VI RGnn •
The State Commiss ion on
Conservat i on and Development
of the state of Virgi nia
Filed in the Clerk's Office
Rockingham County, Va,
vEP j '1932
vs .
Cas s andra Lawson ~..tki n s and o thers
and 52 , 5 01 acr es of l and
in Rockingham C0 unty .
p ~~k
, JUDGE OF S ID COURT .
TO HON. H. W. ERT
The mot ion of R. O. Ni ~er , pr aying said Court to disapprove and to de cline t o accept the findings of the Board of Ap praisal Commiss ion ers , heretofor e a:p::)oi nted by said Court in said
matter , wherein said Board reported , under Io . 40 of its find ings , as filed i n the Cler1c ' s Offi ce of SB.id Court , that moveant
is only entitled to three doll ars per acre for his lands situate
in the Park area, on the western slope of the 3lue Ridge I ountains , in the eastern porti on of Rockingham County,V irginia.
The grounds of said motion are as follows :
That the report of said Appraisal Board is erroneous ,
(1)
in that it does not take into considera tion at all,or place any
value upon , the manganese or e found to be in and upon sai d land ,
although the existence -of s&id ore was clearly pointed out to
the Appraisal Board .
by
moveant before said
Reference is here made to the claim filed
ppraisal Board for the value placed on
said ores by the moveant .
(2 )
That the said
ppraisal Board erred in allowing to
moveant the totally in&dequat e and confiscato ry sum of p3 . 00
per acre for his land when moveant paid $6 . 00 an acre for the
s ome and when the wood upon sai d land is worth more than )'1:i:: is
allowed for the l and by said
LAW OFFICES
GEO. S. HARNSBERGER
HARRI SO N BURG. VA.
( 6)
ppraisal Board .
That the finding of said Board was based upon a mistake
of law as to the nature and effect of the evidence produced
�--2-produced before said Board by the said moveant .
The affidavi ts attached h ereto are asked to be read in
•
support of these exceptions .
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG . VA .
�In TH.,. CIRCUIT COURT OF ROCYING
,r COUlfTY , VI RGI NI •
The State Commission on
Conservation and Development
of the State of Virginia
vs .
a.ssandra Lawson .Atkins and others
and 52 , 501 acres of land in
Rockingham County.
The affidavit of Robert O. lrizer , to be read in connection with the motion filed by him to have the findings of
the Board of ~· ppra.isal Commissioners disapproved in connection
with 1 ts finding no . 4.0 .
state of Virginia ,
County of Rockingham, to-v.Ji t:
is day personally appeared before me ,
_
_.c..,p.,a;_~..:;._--:...;;,.:;_-+--'-------
, a notary
Public in and for the
Co u n t y aforesaid , in the State of Virginia , in my County aforesai
and , being duly sworn , deposes and says :
I paid for the land involved in this mat ter the sum of
i6 . 00 per acre , as shown by my deed for the same. The Board of
ppraisal Commissioners only allowed me )3. 00 per acre , which is
not sufficient to pay for the firew ood thereon.
I have sold some
firewood off. of the land lying adjacent to the land in question ,
which land ·...... s acqUired under the same deed , and is the same
character of land as that nov1 being condemned by the Commission ,
and have received considerably more than $3. 00 per acre therefor.
This charactei- of land , independent of any minerals thereon , is
to-day worth at least Jl0. 00 per acre .
what adjacent lands are 'selling for .
This opinion is based on
The land in question lies
upon the west slope of Huckle berry t 'ountain , which is a spur of
the Slue Ridge Mountain , and in what is generally known as the
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG. VA.
manganese ore belt , and is situate about three miles from the
�--2-Elkton mangane se mines . The land clearly shows out- cropping s
of ore , and ore - pits have ·been dug upon the adjacen t l and showing
that conside rable ore exists even near the surface of these lands
·;!hen the Apprais al Board bad this matter under conside ration, I
went with them upon these lands , showed them the ore - pits on adjacent land , showed them the out - cro:pping s on this land , and ,
after inspecti on of the same , the
oard gave me to understa nd my
lands containe d valuable and rich depos i ts of ore for which
it would allow me at least some reasonab le compens ation.
me~
On the
contrary , however , its report shows that it made no allowanc e
for mineral s at all. In my claim f iled in this matter, I set
forth the amount tha t I consider ed reasonab le for the ores and
also for the land in qu es ti on , and I ask that that claim be read
in connecti on wi th th is affi davit . I am informed that Bulletin
17 of the "Mangan ese Jepos i ts of the ·::est Foot of the Blue
Ridge, Virginia n, which was
11
PREP~D HT CO-OP::JR .TION ·nTH THE
U1'~IT..,D ST.....TES G"SOLOGIC--.L SURVEY", shows that my land lies in the
ore-bea ring mangane se belt , and as this land is situate between
the known ore - bearing l an ds at ~lkton and on
aked Creek and as
the ore is shown upon t he land i tself , there is every reason to
believe that ore exis ts on this property in commerc ial Quantiti es
The
ppraisa l 5oard not only informed me , but told others , that
there was a better indicati on of mangane se ore upon my lands
thQn any oth er l and it had examined .
Subs Jribed and sworn t o
before me this
Q:-,1
day of
Septemb~ ~ ~
... 0
ary R.l.
l.C e
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG. VA.
'f10
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
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Naylor, Cassie - Shifflett, Ahaz
Identifier
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nizer-r-o.pdf
Title
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Nizer, R. O.
Publisher
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Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Dry Run
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): 40
Format
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PDF
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This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
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Pake Davis, Tristan Nelson, Liana Bayne
Nizer
-
https://omeka.lib.jmu.edu/erp/files/original/99ea79ff63e68834f3be058131687bb1.pdf
8fb2a40ab38a092c4d16092e9afb26a0
PDF Text
Text
������
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
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Source
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Naylor, Cassie - Shifflett, Ahaz
Identifier
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palmer-c-h.pdf
Title
A name given to the resource
Palmer, C. H.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Big Run
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): 258
Format
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PDF
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This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
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Pake Davis, Tristan Nelson, Liana Bayne
Palmer
-
https://omeka.lib.jmu.edu/erp/files/original/bab8dd526e388970d226cdaef9b5ed56.pdf
c3969fea79feb0d35747c8d34a09f30a
PDF Text
Text
ROCKING
COUNTY
NAME OF CLAIMANT
#361 - Palmer , J . M. - Estate
Number of Acres:
4
Location:
Near Park positions #267 and #268 , near Stulls Run.
Roads:
Three miles of fair dirt road to Grottoes .
Soil:
Sandy, rather rocky , fair depth and fertility, moderate
slopes, northwest exposure .
Cut over rep eat edlu in past . The present
stand consists of mixed oaks and yellow pine!" to 8" DBH with
occasional larger trees .
History of Tract and condition of timber:
Improvements:
NONE .
Acreage and value of types :
Types
Acreage
Value per acre
Total Value
Ridge:
Slope:
4
$5 . 00
$20 . 00
Cove:
Grazing Land:
Fields Restocking:
Cultivated Land:
Orchard:
Minerals:
Value of Land: $ 20 . 00
Value of Improvements: $
Value of Orchard: $
Value of Minerals : $
Value of Fruit: $
Value of Timber: $
ValueofWood: $ 6 . 00
Value per acre for tract: $ 6 • 50
Incidental damages arising from the taking of this tract: $ NONE .
6 . 00
$26 . 00
�/lse1·
County: Rockingha:o
Diatrict; Stonewal l
County; Augusta
• Palner - Estat e . District: Middle River
J•
r- c reage Cla ined:
Assess ed 138
Deed
Value Clair-1ed :
Assessed .,,,-110 . 00
Deed
Location :
Near Park Positions #26? ar1d f/268 , near Stull.~ Run .
Incuobrnnc eo, counter clains or lap a :
None known .
da dy , rat1 er rocky, fc.ir de ., th s.nd fcrtili ty, r.1oderate
slopes , northwest exposure .
Roads :
Three oile:J of fo.ir dirt road to Grottoes .
History of tract aid condition _of tinber: Cut ov r repeatedly in
past .
yello
The present otand consists of nixed ocko and
1
pine 2" to 8 11
trees .
n.
<
B . H. , uith occasional larger
'l'he tract is eotir.1ated to cut an average of
6 cords of fuelwood per acre .
24 cords fuel\ood
Inpro veoento :
Value of land
'50¢
$ 1 2 . 00 .
None .
by
type~:
Value
~
Acreage
12er acre
4
,.)3 . 00
dlope
Total value of land
., 12 . 00
'l'otn.l value of tL-ber
12. 00
Total value of tract
Avera ge value per acre
·. 24 .oo
Totn,1
Value
-
6 . 00
Total nunber of acres
62
Total va lu (. of tract (Augusto. Co . ) - - 348 . 00
Total valuo of tract ( Rockinghan) -24 . 00
$372. 00
Total value of both tracts --Average value per ac r e
6 . 00
I'll
�N
County: Roekillgham
/fi3G•• Palmer,
/14•
J . ~, . ~Est . (Rockingham.)
(Augusta}
Distriot:
Countv,
District:
Stonewall
Auguste.
iddle River
•
V. B" adcap &
J . t f-0 ~
I
I
I
;l.
i',J
4'
II
//
.s
/
)'
/
1o1J:..
J . A.
'
Coleman
.s
/
/
LEGEND:
Slope
Seale - 1" : 20 chains
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Source
A related resource from which the described resource is derived
Naylor, Cassie - Shifflett, Ahaz
Identifier
An unambiguous reference to the resource within a given context
palmer-j-m-estate.pdf
Title
A name given to the resource
Palmer, J. M. Estate
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Stulls Run
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): 361
Format
The file format, physical medium, or dimensions of the resource
PDF
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Palmer
-
https://omeka.lib.jmu.edu/erp/files/original/6a36f6df523a4ad8e5c678b9ab05c7a8.pdf
97fe97ce74f0dbc94dff3d0b2e7bb105
PDF Text
Text
ROCKINGHAM COUNTY
NAME OF CLAIMANT
#335 - Patterson , B• G.
Number of Acres:
73
Location:
Top of the Blue Ri dge north of Brown Gap , lying in both
Rockingham and Albemarle Counties , a nd entirely within the
Park area .
Roads:
Twelve miles over good dirt road to Port Republic , the nearest
shipping point . ·
Soil:
(See rev e rse side for Soil information)
many years
, ago and on t he south end a few ~rees were out in 1929 . A few
trees up to 18" DBH are scattered t h rough t he stand, but there
is no merchant able saw timber . There is considerable firewood .
History of Tract and condition of timber: The woode d area was out over
Improvements:
None.
Acreage and value of types:
Types
Acreage
Value per acre
Total Value
Ridge:
Slope:
24
$5 . 00
ijpl20 . 00
49
40 . 00
1960 . 00
~2080 . 00
Cove:
Grazing Land:
Fields Restocking :
73
Cultivated Land:
Orchard:
Minerals:
Value of Land: $ 2080 . 00
Value of Improvements: $
Value of Orchard: $
Value of Minerals : $
Value of Fruit: $
Value of Timber: $15 . 00
Value of Wood: $
Value per acre for tract: $ 30 . 00
Incidental damages arising from the taking of this tract: $ NONE.
15 . 00
$2095 . 00
�SOIL :
Mostly fertile sandy l oam of fair depth with some shaley spots , and
there are some cliffs and a fair amount of loose rocks . The slopes
are moderate to steep . The first class grazing land has fine blue gras~
turf with little rock , few weeds, and no bursh. The second class has
thinner turf with sheep sorrel, milk- weed and more ro6k . The third
class has slatey soil with much rock and considerable brush. The
tract is only fairly well atered .
�<
Claim of_ ___ #_!__f(;._&
In the Circuit Court of_~
~::e~,ta~:&::o~
______ County, Virginia, No. ________ , At Law.
:z;~~:;;;:~~~-t-:~--t~-e--~~~~~-~~-~~:~~~~~-~~~~
~~~ii:~~~ii.~f~~j~z~~~~i~%1:~~~o~~:~~~~~~~~~~~:-~~~
velopment of the State of Virginia, and in response to the notice of condemnation awarded
upon the filing of said petition and published in accordance with the order of the Circuit
Court oL~~A""lML,4.__ County, Virginia, asks leave of the Court to file this
as
h!/~:: :_::i~~~ji~~~---p'-:------------------------
My post office address is _____ ~ ~ ~ / - - ~ - ~ - - - - - - - ~
I claim a right, title, estate or interest in /4.act or parcel of land within the area sought
to be condemned, containing about_ ___ ~ _______ acres, on which there are the following
-
= - - - - - ~- -----------------------------------buildings and imorovements
~
--------------------------------------------------- z ; ; ; : 1 / . ~ -----------------
This ~ajd is Jocated about_ __( ' ~ ____ miles from ____~ - - - - - -Virginia, in
t h e ~ ___ Magisterial District of said County.
I claim the following right, title, estate or interest in the tract or parcel of land described above: (In this space claimant should say whether he is sole owner or joint owner,
and if joint owner give names of the joint owners. If claimant is not sole or joint owner,
he should set out exactly what right, title, estate or interest he has in or to the tract or
parcel of land described above.)
------ ~ _ , . e ___ ,
4
I~
------------------------------------------------
· The land o~ers ad·acent to the above described tract or parcel of land are as follows:
North ~ 4
_____
_ -------------------------------------------------------
S.o u t h } £ ~ : / - 6 1 7_ _ ; ; , ~ -------------------------------------------East} J! --- _ --~:=.------~/----------------------------------------------West Cf~ ___ -------------------------------------------------;e-/?...:z/ ___ _
I acquired my right, title, estate or interest to this property about the year _/..j'J/__in the
~:~1~:,~~~-~--~--P~J&----~ ~ L ~---~-£/4£~/-r:_: a : ~-~
I claim that the total alue of this tract or parcel of land with the improvements thereon is $£1Z't?_r__'::::-, I claim that the total value of my right, title, estate or interest,
in and to this tract or parcel of land with the improvements thereon is $:£;'_/~_t;?_e__-:.-=I am the owner oL ______________ ~acres of land adjoining the above described tract or
parcel of land but lying outside the Park area, which I claim will be damaged by the pro------·
posed condemnation of lands within the Park area, to the extent of $----~
(In the space below should be set out any additional statements or information as to
this claim which claimant desires to make; and if practi1cable he should also insert here a
description of the tract or parcel of land by metes and bounds).
Remarks:
A ..
« ~L
-~--~-~--;.$'~d-}_-:=~ - - - - - -
--~ ~- - ~ - ~ - - ~ - -4 ? ~-~-(:6_____'_ _______ _
-------------------------------------------- (Continue remarks if necessary on the back).
W~ne~s _~ signature (or my name and mark atta~ed hereto) this ___ _,Z_~ __ day
--{-~-4 / J ~ ~--------
oL_~'--------, 1931_.
STATE OF VI~GINIA, COUN~Y OF ____ 2 _r~0--~----, To-wit:
)
The undersigned hereby certifies thaL2Y~ ___ J_~--~------------------the above named claimant personally appeared before him and made oath that the matters
and things appearing in his a b ~ " are true to the best of his knowledge and belief,
this ____ 2_z_________ day oL~-F------, 193L_~~ ~
/V, _
".
EllePk of the Cosrt, o pecial Investigator or
~tary P1:i10Uc, gr Justicg of tfte Peace.
3
�I
/
Countyt
District:
Rockingham
Stonewall
'--7
/I
i
I
.,
Aibemarle
Coutl.€y:
District:
II
i,
Whitehall
#355 - Patterson, H,G . ,D.H .• ;& H.H , ( Rockingham co . )
:- Patterson, H.o ., n,H. 1& R. H. (Albemarle, c,o,.)
#
Acreage Cle.1medt
""" eased: 198 A.
(1921)
Asoessod: $1700 . 00
Value Cl aimed:
Location:
Deed: 198 A,
Deed: ¢5 . 00 etc .
Top of' the Blue I.:1.dge north of Brown Gap, lying in both
Rockingham and Albem rle Cou..'11.ties, and entirely w1 thin
the Parl:G" Area.
It is reported that the mineral
Ale~andor .
Incurn.bra.nces
r
I,
oatly ~ert1le sandy loam of fu1r depth '11th oome ahaley
spot, ~d there.are some eliffs and a fair ar.iount of
loose roeko, , Tho slopes are moderate to steep. The
fir•st cl,as grc.z1ng la.n d has tine blue g1"ass turf with
11 t t le jock., few ocds, and no brush.
The second olass
hae thiihn r turf vr1 th oheep sorrel, m1lk•v1eed and more
Soils
rock . / The tl rd clo.se has sla.tey soil i11t mnoh rock
T":ie tract is only fairly
well ~tox•ed
.
. ''
and oonside1--ablo bi'ush .
T elve ~les over good dirt ~oad to Port Republic, the
nearest sh pp1
point .
Roads:
I
of' tract end {eo . ~i t1on of tiI:1 er.
Tho 1oodod ares 1as cut over
ma.."ly ' ye rs
o an on
o south end a fe 'I troos were cut
in 19291.
A fo,, troce up to
8' DBH are scattered through
tho otand but tlleJ>O is no merchantable ea timber.
There ts cons1 r .blc
:-·evzood.
There a e 300 locust
posts f&lued
Improvements_:,
5¢ e eh•
*
-
•
-
15 . 00
Tenant~Hou.se: Log 12.xl6t,. l room, fair co.n dition, stone
chlmne, abannonod d dil pidated - no valuo Abando~ed House: - Log,, l2.x32, shinglt) roof• dilapidated,
·l
Uo value .
t'3'.Re i3,
ock1N~hnm county
-
ya1ue or land
T~e:
s ope
Fg I
Fg II
bz
f
'
Viiiu.e
Rer acre
Acref~'
2
~
$2tt50
II I
23 /
26 ·
00 . 00
24. 00
''13
Total value of land
Total value of timber
Total value of tract
Average value per acr
.
Tottl
Value
$a~.cm
1150 .00
624 .00
~1834 .bo •.
1834,00
15 . 00
'"18~9 .rlO
-- ' 26.33
l~
�.
#335 • Patterson, H. G. t D.H . , & H.H. ,(Rockingham)
#. • Patterson,, H.
D. R. , & H.H. , (Albemarle)
o.,
Value of lan
by tm:a1
AlboIJUU>le CountY ..
.
Value
Acreaso:
T~:
!W
ID.ope
Fg I
Fg II
Fg III
11er A-c
"$12 .6b.
1
2'1
66
·7
SU .
Fg I
Fg II
Fg III
50
82
"!d7
2 . 60
2 . 00
®
@
@
@
@
Totnl value or trnot
Total number of acrea
Average value per acre
i,o.oo
2855. 00
2855 . 00
22,84
Rockingham
24
36
Value
1350 . 00
1344 . 00
91 . 00
50 . 00
24 . 00
13. 00
Total Value of lMd
Total value of tract
Average value per acre
Slope
Slope
Total
50 . 00
24 . 00
13. 00
--
4689 . 00
••
23 , 6C
....
RY
d Albemarle
---
eo.oo
70 , 00
500 , 00
1968. 00
91 . 00
;i~s9.00
198
l<;;S
J
�I
Cl OUIT 0
'r
'I'
0 ROOKING.
OOUllTY, VIRGI IA.
estate \ommi,a1on o
Conservation and Developmeni
of the st t of Virginia
Flied In the C!erk'n Office
Rockingham County, Va.
r: \ I/
•
o
ssa.nara La aon atki
in
52 , 5 1 a.ores , moz, or le s ,
CoWlty, V1~gin1a.
ocki.Dgb
at t ment
ti
r
e b
------ ------ -----t ere d in the
1932
• p
eu nt t o r dcorao en~
bove entitled as.use on Ootober 25,1932, in ros:p9nse
1n said decree.
inquiry mad
to Item No. l of th
our respondent• say th.at the aoreaBe listed in the re»I>rta1aa1 Bo rd , undor its No.
port ot the
t
0
any o
:ppro 1
ly corr at,
heli eved
d that thy do not d s1.ro to make
J 1i1on to the a.ere ge a ther given.
Your re 11onde
ore
..[da,f-; is
11
eel t e
ftu-ther
ay th
t kon, but t
t o whiah axe ption ,_ a
axoe:ptione heretofo.re filed by them
your re pondente per
not. the number of
i
the
ere to the amount allowed
ere.
::::::;2 -,r::
- zrG..-
4
4.:::::.:::.>a
<\..,A .-<1,,,,0,,..o
~L~
By Coun
LAW OFFI CES
GEO.S. HARNS BERGER
HARRISONBURG . VA.
el .
�)
OF
r
Geo.
H. G. PJ.T'lERSON
STATmENT
or COSTS, PCB TA.GE, ETC.:
s.
Harnsberg er, p.q.
�\
tn re ..:\.rbi tration Agreement submitted to the
Gover nor, arising in or out of the Condemnation
Proceedings pending in the Circuit Courts of
¥1rginia under authority of the Shenandoah
National Park A.ct .
State Commission on Conservation
and Development of the State of
Virginia
filed in the Clerkts Office
Rockingham County, Va.
AUG ;;,,f 1933
vs .
Cassandra Lawson Atkins and others
and 52 , 501 acres of land in Rockingham County.
~ 4 4 j er.tQrk
In re exceptions of H. G. Patterson.
To the Hon. Philip ,rilliams, Chairman of the Park
Land iU'bitration Board.
In reply to your letter of August 16, 1933 , accompanying
the rules that day issued, beg to say:
That exceptant owns 198 acres lying in the Counties o~
Rockingham and ilbemarle, as follows:
In Rockingham County , Tract No . 335 , 73 acres .
In .Albemarle County , Tract No. 197 , 125 acres .
In this connection , exceptant further says that exceptant, along with Allen B. Patterson, owns 399 acres of land, of
which 394 acres is situate in Albemarle County, and 5 a cres in
Rockingham County.
See Tract No. 198 on the map for Albemarle.
For the reasons gi ven in connection with a like statement
in regard to the H. R., D.H., and H. G.Patterson lands, it is believed that it would be advantageous to have the exceptions in regard to all of these tr acts of land heard in Augusta County , as t
same witnesses will be oalled in each case, and as the same Arbitration Board will sit in all oases , and further as all of the
land owners and witnesses reside west of the Blue Ridge Mountains .
LAW OFFICE S
GEO. S. HARNSBERGER
HARRISONBURG , VA .
�P.ti.'l'fil:RSON , H. G., E . JI .,
3 35
RO CKil GIL. ... I Com TY
filed in the Clerk's Office
flgckingham County, v~
nd D. H.
SEP
f
1933
~\r,,·l(
(/
nr RE .
ill.BITRJ:..TION GRE:J.:c;1JTS submitted to the Governor a rising
in or out of Condei;m;__ tion Proceedings pending in the Circuit Court
of Virgini~ under tut~ority of the Shenandoah 1~tional park Let .
E CEPT_ ~·Ts :
Pc. tterson , I:. G. , H. H., and D. H•
ORIGHUL CL II.I :
.n.creage 73 : Value )18 , 250 . 00 : rnc . Dc-..m.ages , None
VALUE PL.t..Cl:!jD O - TR. C
TR. CT N •
335
BY PErl'ITI Ol\JBR 'S APPRLISERS :
VALUE
1 1 , 849 . 00
Ii~CIDENTAL DL~ GES
r:one
BO 'J1D OF 11.PPRaIS.AL CO : :ISSIOlT.ERS FD'.DI:,GS :
_,it•.P NU1. _,R OF '.l.11L: CT:
335
V.ti"CJE uF TR_ CT:
TR..'.CT ITO .
335
VI.LUE
}2 , 095 . 00
r~one
W ,
�Copies of this statemen t will be attached to the statemen t
of the Petition er filed in the County in which the major porti_o n
of the land lies and in which the exceptan ts have filed their
statemen t .
Subscrib ed to and verified before me this theLda y of Septemb er,
1933 .
�OF ROCK! GH.: 1 COtmTY, VIRGINIA•
IN THE CIRCUIT OOUR
The State Comm1seion on
Conservation and Development ot the
? ET IT.I ONER,
State of Virginia.,
t La , No.1829.
vs .•
Cassandra Lawson . tkina an~ other, ,
,JUDG'3 OF Sod.I D COURT.
TO THE HON.n. w. ERT?t
You.r r e s pono.ont res e ottully r e::;,r ee e t
hae been given l i
thu t u uotioe
by Tho St e.te cor Miua1on ou. Conser vat:l on and
DevoJ.01-mant of t e S ·· t o o!
~
h g in::e. t hat t-t ·fi ll m vo ·:he Ciroui t
Court of Rookincham C0unty en th
· fo:r tl:;. e
ntry of a Juu 51nent i n :e em , oondomning , am ong others, the
.
t rao·:- of land the.r in 11 ~ted a a ~........-:..__.s......,r:;_...-,,
the property of
you.r res i)ondBnt 1 and directing any and all parties of r ecord in
thia ..,,r oceodine; , i f they dosi 1.·o to oppos
ment iA rem. to
the entry of s id Judg -
hov cause. if uny they havo, in ~rit1ng . filea
of ·hi s Pl.. oco 11clin5 not later than f 1 ·:e days prior
with
to the ~ 2 ~ ~ :=.,...;day of Ft, 1:rtt:..tl'Y, 1934, why ih8 s ai d Jucgment in
rem should not he entered.
:i:hat yoll.l' r e spondent h· s no obj cti oIJ. t o tl e conuomnat1on
valu.e found therefor by the Board of
That he h<ia heretofore
u bmi ted t o arbi t r a ion , pursuant
to the ar bi tret i on aereem nt proposed by t h EJ Gover nor
or
lJ'irgini
on tTuly 18 , 19bJ, all qu.ot:itions a
and th
improve ent e
ought to b
eonae · ed by the t tat ~ Commiss1o
on Cons 1•vation and De relo]?r ant of t ha St :.. t e of Vi rginia., and he
no
prays that the wilu.e of s a id land a nd im:p;ro vemonts, as a.aoer-
tained by said arbitration, be allowed and entered in said judgment in rem in the pl ce of th
Board.
LAW OFFICES
1 GEO. S. HARNSBERGER
HARRISONBURG. VA .
amount fo u.nd by the .,_~J?!Jl.' isal
���IN THE CIRCUIT COURT OF ROCKINGHAM CQUNTY,VIRGINIA,
The state Commission on
Conservation and Development
of the state of Virginia
filed in the Clerk's Offic
Rockingham County, Va.
vs .
SEr If 1932
Cassandra Lawson Atkins and others
and 52,501 acres of land in
Rockingham County.
The motion of Herbert G. Patterson, praying said Court to
disapprove and t o decline to accept the finding of the Board of
Appraisal Commissioners heretofore appointed by said Court in the
above matter . wherein said Board reported, under No . 335 of their
findings , as filed in the Clerk's Office of said Court, that the
73 acres of land found by said Board to be the property of the
moveant was valued at only 30.0Q ner acre .
The grounds of said motion are as follows :
That the price per acre a lowed for said lands is mania , ~ & <: ~ °J~rLA"all-..c..-a,-r
fully ap ears from the affidavits
festly inadequate~ as m~
( l)
attached hereto , which are asked to be read in support of these
exceptions .
(2)
That the finding of said Board was based upon a mistake
of law as to the nature and effect of the evidence produced before said Board by the above named party.
(3}
That the finding of s aid Board is, apparently, from the
statements contained in its report, based upon the physical
character of the land alone , without taking into consideration,
or at least without giving any effect in its final decision to,
the income- producing capacity of the land or to the fact that all
such grazing lands on the Blue Ridge Mountains are being taken
under these condemnation pr oceedings , and that like grazing lands
cannot now be pur chased for any such amount as allowed to the
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBUR G. VA.
said moveant, all of which will more readily appear from the affi
�- -2--
davits attached hereto , which are asked to be read in support of
these exceptions.
•
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG, VA.
•
�IN THE CIRCUIT COURT OR ROCKINGHAM COUNTY, VIRGINIA.
The State Commission on
Conservation and DeveloJ;Dent
of the State of Virginia
•
vs .
Cas sa ndra Lawson Atkins and
others and 52,501 acres of land in
Rockingham County.
Affidavit of Herbert G. Patterson, .t o be read in connection with the motion filed ·by him to have the finding of the
Board of Appraisal Commissioners disapproved in connection with
its finding No. 335.
State of Virginia,
City of Harrisonburg, to-wit:
Herbert G. Patterson this day personally appeared before me, F. Flavia Converse , a Notary Public in and for the · City
aforesaid , in the State of Virginia, in my City aforesaid , and ,
being duly sworn, deposes and says:
I am the owner of a tract of 73 acres of grazing land
situate upon the Blue Ridge Mountains, in Roclcingham County,
Virginia , and reported by the _Board of Appraisal Commissioner s
in the above entitled matter under their finding No. 335.
The 73 acres of land above referred to will graze 20 cattle for seven months during each and every year ; and these 20
cattle will put on an average of at least 200 pounds , each , during that period . The aggrega te number of pounds thus put on would
be 4 , 000 per season.
A. conservative average price would be
seven cents per pound , which would make the income from the g razing each year worth $280. 00.
This amount is e4utvalent to the
income at six per cent. on $4 , 666. 00. The aver_a.ge worth per aere
would thus be a pproximately ~62. 00. The land above referred to
LAW OFFICES
has actually grazed the number of cattle above specified , and I
GEO. S. HARNSBERGER
HARRISONBURG. VA.
know that the cattle will put on , year i n and year out , at least
�--2-the weight specified . The difference between the above valuation
and that set forth in the proof of claim heretofor e filed in this
matter is due to the difference in acreage specifi ed in the
claim and that found by the Board of
ram
ppraisal Commissio ners .
the owner of several f arms in Rockingham County, and
in 1930 purcha sed a grazing farm in Highland County , which I
bou.ght under very favorable condition s , but for which I had to
pay
pproximat ely
~so. oo
an aore.
The Highland County farm will
not graze any more cattle or. put on any more pounds per acre than
the property in question.
Due to the fact that these proceeding s contempla te the
taking of all grazing lands on the Blue Ridge Mountains , it will
not be possible for me to acquire further grazing lands in the
vicinity of the above described property. The land in question
oannot be re:plaoed anywhere in this section of Virginia for less
than $80. 00 per acre .
The aforesaid land , being condemned i n this cause , is
indispens able to the profitable operation of my other farms . The
same is not for sale , and I hereby ask that these lands be
omitted from the contempla ted Park area .
I f these lands were
not being condemned, I would not sell for ~62 . 00 per acre,nor
could such lands be purchased for that amount.
All of the foregoing informatio n was given to the Board
of Appraisal Commissio ners , but , if I am to judge by their find ing , it was not considered .
Subscribe d and sworn to
before me , this
of
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG , VA.
S'd fuviik
tl~ A~ ~
I q 1~
, 19~ .
G
----.:::...f.~.A2
~~~
·a_G-m&
~~
wA----,
~otary Publio.
- - -u~ - ~ ---....,,
�IN THE CIRCUIT COURT OF ROCKINGHAM COIDTTY, VIRGHUA.
The state Commission on
Conservat ion and Development
of the State of Virginia
vs .
Cassandra Lawson tkins
and others and 52 , 501 acres
of land in Rockingham County.
Affidavit of David H. J?atterson , to be read in connectio n
with the motion filed by Herbert G.Patterso n to have the finding
or the Board of Appraisal Commissio ners disapprove d in connectio n
with its finding No. 335.
State of Virginia,
City of Harrisonb urg, to-wit:
1)3.vid H.Patterso n this day personall y appeared before me,
F. Flavia Converse, a Notary Public in and for the City aforesaid ,
in the State of Virgini~, in my City aforesaid , and, being duly
sworn, deposes and says:
I am acquainted with the tract of 73 acres of grazing
land owned by Herbert G.Patterso n, situate upon the Blue Ridge
ountains, in Rockingham County, Virginia , and reported by the
Board of Appraisal Commissio ners in the above entitled matter
under their finding No. 335.
The 73 acres of land above referred to will graze 20
cattle for seven months during each and every year, and these 20
cattle will put on an average of at least 200 pounds, each, during
that period.
The aggregate number of pounds thus put on would be
4,000 per season.
A conservat ive average price would be seven
cents per pound, which would make the income from the grazing each
year worth $280. 00.
This amount is equivalen t to the income at si
per cent. on $4,666.00 .
LAW OFFICIS
GEO.S. HARNSBERGER
HARRISONBURG. VA.
pproximat ely $62 . 00.
The average worth per acre would thus be
The land above referred to has actually
razed the number of cattle above specified , and I know that the
�---2--
I
cattle will put on, year in and year out, at least the weight
The difference between the above valuation and that
specified.
set forth in the proof of claim heretofore filed in this• matter
is due to the difference in acreage specified in the claim and
that found by the Board of Appraisal Commissioner s.
In the event all of the grazing lands on the Blue Ridge
Mountains are taken in the above condemnation proceeding, I do
not know where the lands which we are now considering could be
replaced.
I do not believe that this land oould be replaced for
less than ;~75. 00 to w80. 00 :per acre , even at the present time.
subscribed and sworn to before me;
t.h1.s
1932.
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG. VA.
/
qt£
d5;y of
�IN THE CIRCUIT COURT OF ROCKINGH.Ali COUifTY,VIRGINIA.
The State Commission on
Conservation and Development
of the state of Virginia
•
vs.
Cassandra Lawson Atkins and others
and 52;501 acres of land in
Rockingham county.
Affidavit of Howard H. Patterson, to be read in connection
with the motion filed by Herbert G.Patterson to have the finding
of the Board of Appraisal Commissioners disapproved in connection
with its finding No. 335.
state of Virginia,
City of Harrisonburg, to-wit:
Howard H.Patterson this day personally appeared before
me, F.Flavia Converse, a Notary Public in and for the City
aforesaid, in the State of Virginia, in my City aforesaid, and,
being duly sworn, deposes and says:
I am acquainted with the tra ct of 73 acres of grazing
land owned by Herbert G. Patterson, situate upon the Blue Ridge
Mountains, in Rockingham County ,
Virginia, and reported by the
Boar d of Apprais al Commissioners in the above entitled matter
under their finding No.335.
The 73 acres of land above referred to will graze 20
cattle for seven months during ea ch and every year, and these 20
cattle will put on an aver age of at least 200 pounds, each, duri
that period. The aggregate number of pounds thus put on would be
4,000 per season.
A conservative average price would be seven
cents per pound, which would make the income from the grazing
eac . year worth $280.00.
This amount is equivalent to the income
at six per cent. on $4,666. 00.
LAW OFFICIS
GEO.S. HARNSBERGER
HARRISONBURG , VA .
thus be approximately $62.00.
The average worth per acre would
The land a bove referred to has
�.. - 2--
actually grazed the number of cattle above specified, and I know
that the cattle will put on , year in and year out , at least the
w~ight specified. The difference between the above valuation and
that set forth in the proof of claim heretofore filed in this
matter is due to the difference in acreage specified in the claim
and that found by the Board of Appraisal Commissionerso
I am the owner of a farm in Augusta County, and am ac quainted with the grazing farm in Highland County purchased by
Herbert G. Patterson in 1930, at approximately $80.00 an acre .
The Highland County farm will not graze any more cattle or put on
any more pounds per acre than the property in question.
In the event all of the grazing lands on the Blue Ridge
Mountains are taken in the above condemnation proceeding, I do
not know where the lands which we are now considering could be
replaced .
I do not believe tha· this land could be replaced for
less than $75 . 00 to $80. 00 per acre, even at the present time.
d ~ ; f ~~
subscribed and sworn to
before me , this
of
S#ml.rV½
19 1(
day
,1932 .
i~~~
Noa~io.
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG, VA.
'
�IN THE CIRCUIT COURT OF ROCKING
.! COUNTY , VIRGLTI •
The state Commission
on Conservation and Deve lo pment
of the State of Virginia
vs .
Cassandra Lawson tkins and others
and 52 ,501 acres of land
in Roc :dngham County, Virginia.
ffid a. vi t of ·11. C.Long in connection with motion filed by
Herbert G. Patterson to have the finding of the Board of ip praisal Commissioners disapproved in conne ction with its finding
~ro .
335.
State of Virginia,
City of Harrisonburg, ct:6 - wi t :
This d y w. C.L
personally appeared before me, F.Flavia
Converse, a ! otary Public in and f or the City and state aforesaid,
in my City afores id , and , being duly sworn , deposes and says :
I am aCQUainted with the 73 acres of land owned by Herbert G. Patterson on the Blue Ridge 1' 0·1ntains , wh ich I understand
is a pa.rt of what is known as tne Fre :well tract of 198 a cres , a
porti n of which lies in .Albemarle County.
I h a ve been upon this
land , and h a ve purcha sed cattle from Ir.Patterson grazed u pon the
sa.me .
Th is land is well watered and well fenced, and is in
splendid gra z i ng condition.
I believe this land will put on 250
pounds per st e er, on 70 steers to t h e 198 a cres.
I consider this
land of equal va lue with the Highland County fare purchased by
Mr. Patterson, with which I &m a cquainted, a nd , if all the grazing
lands on the Blue Ridge ~.-ountains are t aken under this condemnatio
proceeding, I do not know where this land could be replaced a t l e s
than ) 75.00 to ~80. 00 per ac ~e . This land is loc a ted within about
a g_uarter of a mile of the Brown 's Gap Public Ro ado
Rrt/4-
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG , VA .
Subscribed and sworn to before me this .
1g z( day
f .-£&wta G::wi&&
I
of September, 193 ...
, r otary :-UbliCo
�IN TJra CIRCUIT COURT OF ROCKINGHAM: COUNTY, VIRGINIA•
The State Commission on
Conservation and Development
of the state of Virginia,.
:Petitioner ,
vs.
Cassandra Lawson Atkins
and others ,
On this, the / £
,I
Defendants .
day of May, 1934, came H. G. Patterson,
by counsel, and, on his motion, leave is given him to file his
application for payment to him of the sum of $2 ,1&4. 35, the
amount awarded him;tfie Board of .A.I'bitrators as set out in the judg
ment of o'ondemnation of Traot No. 335 , which tract formerly stood
in the name of H. G. Patterson, the amount thereof having been heretofore paid into Court .
And
it appearing to the Court from the report of the Board
of Appraisal Commissioners , heretofore filed in this cause, and
in the petition for judgment of condemnation heretofore entered
heiein, that in the opinion of the petitioner the said H.G.Patter -
son was invested with a superior or better right or claim of title
in and to the said tract of land numbered b35 , and that the record
in this cause does not disclose any denial or dispute by any party
or person in interest as to the title to said Tract No . 335 or to
the prooeeds arising from the condemnation thereof, and that the
said H.G.Patterson is entitled to receive the proceeds arising
from the condemnation of said Tract No . 335;
.And
it further appearing to the Court that there are no
taxes assessable in Rockingham County against this partioular
tract of land, but that this particular tract of land is assessed
along with certain other adjacent lands, lying in Albemarle County ,
belonging to your petitioner, upon all of which lands the taxes to
date have been paid .
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG, VA.
Upon consideration whereof, it is considered and ordered
�---2--by the Court that the said sum of ~2,164. 35 , the same being the
amount awarded him by the Board of .Arbi t rators for Tract No . 335 ,
paid into aourt by the petitione r as just compensat ion for said
tract, be paid to H. G.Patterso n, and the Clerk of this Court is
directed to transmit a certified copy of this order to the Treas urer of Virginia, who shall pay unto the said H. G. :Patterson the
said swn of
2 , 164. 35 , the amount of said award set out in said
judgment of condemnat ion for s a id tract of land above designated ,
taking from sa id H. G.Pa.tterso n receipt therefor, and certifying
such payment to the Clerk of this Court for appropria te entry
thereof , as required by law .
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG , VA.
�IN THE CIRCUIT COURT OF ROCKINGH.ilM COUNTY, VIRGINIA•
The State Commission on
Conservation and Development
of the state of Virginia ,
Petitioner,
vs.
Cassandra Lawson Atkins
and o th.er s ,
Defendants .
To the Hon. H. W. Bertram, Judge of said Court.
Your petitioner, H. G. Patterson, respectfully represents :
That a judgment in rem has heretofore been entered in this
proceeding, condemning to the use of The State Commission on
Conservation and Development of the state of Virginia the fee
simple estate in a tract of land formerly the property of your
petitioner , whiah tract is described in the report of the Board
of a.]?praisal Commissioner s appointed herein,and shown , numbered ,
and delineated on the County Ownership Map filed therewith as
Tract No . 335.
That the a ard of the Board of Appraisal Commis-
sioners for Tract No . 335 was
2 , 095 . 00 , whiah amount was in-
creased by the Board of Arbitrators to $2,164. 35.
That the said
state Commission on Conservation and Development has paid into
the custody of the Court the said amount hereinabove set out as
constituting the award for the fee simple estate in said tract
of land .
That your :petitioner, on the date of said judgment in rem
aondemning said tract of land , was the owner of said land in fee
simple , and that no other person or persons than the undersigned
±a are entitled to share in the distribution of said award .
Your petitioner further shows to the Court that there are
no taxes assessed in Rockingham County against said land , but tha
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG , VA .
said tract of land is assessed along with another tract , whiah
lies in Albemarle County , and that all taxes on said lands have
�---2-been p~id to the Treasurer of Albemarle County.
A.
certificate
of the Treasurer of Rookingham County is herewith filed , showing
that that portion of your petitioner ' s . lands lying in Rockingham
Said certificate is here-
County was not assessed in said County .
with filed, marked rrEx. Certifioate No . l," and prayed to be read as
a part hereof.
Wherefore , your petitioner prays that he may be made a
party herein , and be allowed to file his pet_i tion in this suit ; and
that an order may be entered in this cause for the distribution of
uoh other and further
said fund , and tha t your petitioner may have
relief as the natare of the case may require .
State of Virginia,
City of Harrisonburg, to - wit :
This day H. G. Patterson personally appe ared before me ,
F.Flavia Converse, a Notary Pu.blio in
and
for the City aforesaid ,
in the state of Virginia, in my City aforesaid, and, being duly
sworn, deposes and says:
I have read the above petition , and state
that the matters of fact oontained therein
are true, to the best of my knowledge and
belief.
Subscribed and sworn to before me this
_
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG , VA.
I ( t(
..
. .,. .;~~
____.j"_-',;e
day of May , 19.34.
~:...w:...::....~~ - 'N. P.
·:;.;:;.__:
�M. H. HARRISON
TREASURER OF ROCKINGHAM COUNTY
HARRISONBURG, VIRGINIA
TO WHOM IT MAY CONCERN:
I heri
that
there has
-:,-_ o.y,,,,irtif{
,.::r..,
/.
T.
~
,t>,t' AA:F.
been no assessment on --1ilr4fuc
,/Yn :firs count'y
in
the name of H. G. Patterson for tax purposes .
I am advised that the land
located in the Park Area in Rockingham County
together with the adjacent land located in Green
County is assessed in the last named County .
day of May 1934 .
Given under my hand this 7th
Treasurer .
51
��--
-
•
,0
<trnmmnnwraltq nf Birginia
TREASUER 'S OFFICE
R-1 C H M O N D , VA .
May 18, 1934
JOHN M. PURCELL
TR EASURER OF VIRGIN I A
This is to certify that I , J . M. Purcell, Treasurer
of Virginia have this 18
day of
May
i n accorda nce
with an order of the circuit court of Rock i ngham Count y
dated
5/14/34
in the cause of the State Commi ssion
on Conservat ion and Develo:pme nt of the St ate of Virginia
Laws on At k ins and oth ers
Cassand ra
- - - - - - - - - - - - - - - - -vs · - - - - - - - - - - -
:paid to H . G. Patterson
$2 , 164 . 35
being in full settlemen t of tract #
335
in the above mentioned cause .
i rginia .
W.1'~
IZ'-/
�(!tnmtttnuwtaltq nf llirgiuta
TREASURER 'S OFFICE
RICHMOND, VA.
May 18 1 1934
JOHN M. PURCELL
TREASURER OF VIRGINIA
H. G. Patterson
Received of J.M. Purcell, Treasurer of
Virginia, the sum of $ 2,164.35
, in accordanc e
with an order of the Circuit Court of the county
0
f - - -Rockingham
- - ~ - - - - - - - entered on the
14th
day
of _ _ _M_a~Y,_193_!_ , in the matter of the State
Commissio n on Conservat ion and Dev~lopme nt v _ __
___C_a_s_s_a_n_d_r_a_L_a_w_s_o_n_ A_t_k_i_n_s___ and others, being
full and complete settlemen t for the tract of land
known in said proceedin g as
#
335
~~
Sign original and duplicate
and return to the Treasurer
of Virginia.
125
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Source
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Naylor, Cassie - Shifflett, Ahaz
Identifier
An unambiguous reference to the resource within a given context
patterson-h-g.pdf
Title
A name given to the resource
Patterson, H. G.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Blue Ridge
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): 335
Format
The file format, physical medium, or dimensions of the resource
PDF
Rights
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This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Patterson
-
https://omeka.lib.jmu.edu/erp/files/original/e6c1c979e4daaf1334e0618fd60cb669.pdf
9de067efc7294e137a16a97c6c93fa2b
PDF Text
Text
ROCKINGHAM COUNTY
NAME OF CLAIMANT
#336 - Patterson , H. G. & A. B.
Number of Acres: 5
Location:
Br own ' s Cove . Partly in Rockingham County , and entirely within
the Park area .
Roa,:Is:
It is twelve miles over dirt roads to Port Republic, the nearest
shipping point .
Soil:
(See reverse side for Soil information)
The tract was cut over in 1929- 30 and there
The west porti on was severely burned
is no merchantable timber .
in 1930 .
History of Tract and condition of timber:
None .
Improvements:
·
Acreage and value of types:
Types
Acreage
Value per acre
Total Value
Ridge:
Slope:
Cove:
Grazing Land:
y 25 . 00
5
t 125 . 00
Fields Restocking:
Cultivated Land:
Orchard:
Minerals:
ValueofLand: $ .125 . 00
- Total
Value of Improvements: $
Value of Orchard: $
Value of Minerals : $
Value of Fruit: $
Value of Timber : $
Value of Wood: $
Value per acre for tract: $ 2 5 . 00
Incidental damages arising from the taking of this tract: $ NONE .
/
�SOIL :
The soil is a sandy loam of good dept h and fert ility
with much
loose rock and high cliff s in the wood s . Tne open
has
cons idera ble
smal l rock . Slop es are gent le to steep . The secon
d
class
graz ing
is smoo th with patch es of good blue gras s sod and a
good
many
weed s .
The third class has cons idera ble blue gras s, but more
rock
and
many
weed s and brie rs and some bare spot s . Ther e is a very
smal
l
amou
nt
of barb erry. The wood land graz ing has cons idera ble
gras
s
aroun
d
the
edge s of the open and many weed s . The tilla ble land
is steep and
rock y, but has good soil .
Resto cking is steep and the soil has been
worn out .
Ther e are weed s and brie rs, but littl e gras s, locu st,
sass afras , and persi mmo n is comi ng in .
�IN THE: CIRCUIT COURT OF ROCKINCH.AM GOUNTY ,VmGINIA•
The State Commission on
Conservat ion and Development
of the state of Virginia,
Petitione r ,
vs.
Cass andra Lawson
and others,
tkins
On this, the
/'f
:oefendant s .
day of May, 1934 , came H. G. Patterson
and Allen B. Patterson , by counsel, and, on their motion, leave
is given them to file their applicatio n for the payment to them
of the sum of $125. 00, the amount awarded them by the Boar cl of
Appraisal Commissio ners for Tract No. 336. In the judgment of
condemnat ion of said tract , the sum of $90.00 was inadverte ntly
inserted in the plaoe and stead of the real award of $125. 00 ,
the said sum of $90.00 having been heretofor e paid into court ,
and the sum ot $35. 00 being eVidenoed by a oheok of The state
Commission on Cons ervat1on and Development of the State of Virginia, payable to the Clerk of the Circuit. Court of Rooki~m
County and left with rfhe said Clerk for deli very to your p&ti ti oner a upon the order of the Court.
Said tract formerly stood in
the names o:t your peti tionera .
And it appearing to the Court .from the report of the Board
of A,ppraisal Commissioners heretofor e filed in this oa.use and in
the petition for judgment of aondemnat ion, her etofore entered
herein, that in the opinion of the petitione r the said H. G. Patter -
son and Allen B. Patterson were invested with a s~perior or better
right or daim of title in and to t he said tract of land No. 336,
and that the record in this cause does not disclose any denial
or dispute by any party or personi in interest as to the title to
/
said Tract No . 336 or to the proceeds arising from the condemnaLAW OFFICES
GEO. S. HARNSBERGER
tion thereof, and that the said H. G. P-a.tterson and Allen B.Patter son are entitled to receive t he proceeds arising f rom the condemna
HARRISONBURG. VA.
...
�--2-tion of said Tract No . 336.
And it further appearing to the Court that ther
are no
taxes assessable in Rockingham a : .i u.nty against this particular
tract of lam, but that this particular tract of land is assessed
along with certain other adJacent lands lying in .Albemarle Cou.nty
belonging to your petitioners, upon all of which lands the taxes
to date have been pa.id .
tn,on consideration whereof, it is considered and ordered
by the Court that t he said sum of $90. 00, the same being the
amount heretofore paid into oourt o'1 the said award of $125. 00,
and that the said s um of $35 . 00, evidenced by the oheok of The
state Commission on Conservation and Development of the state of
Virginia, payable to the Clerk of the Circuit Court of Rockingham
County , 7irg1nia, be paid to H. G. Patterson am .Allen B. Patterson,
and the Clerk of this Court is directed to transmit a certified
aopy of this order to the Treasurer of Virginia, who shall pay
unto the said H. G. Patterson and Allen B. Patterson the said sum of
$90. 00, the same being a portion of the award for said Tract No .
336, taking from the said H.G. Pattereon and Allen B. Patteraon
their receipt therefor and certif~ing auch payment to the Clerk
of this Court for appropriate entry thereof as required by law ,
and the Clerk of this Court is ordered to pay to said H. G. Patterson and Allen B. Patteraon the said sum of $35. 00 , the balance
of the compensation for said tract No. 336, taking from the said
H. G.Patterson and Allen B. Patterson receipt therefor, which receipt the said Cler·k shall properly enter in his records, as re quired by law.
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG. VA .
�IN THE CIRCUIT COURT OF ROCKIN<E.AM C:OUNTY, VIRGINIA•
The state Commission on
Conservation and Development
of the state of Virginia~
Petitioner ,
vs .
Cassandra Lawson Atkins and others ,
Defendants .
TO THE HON. H. W. BERTR.A:M , JUDGE OF SAID COURT.
Your petitioners, H. G. Patterson and Allen B.Patterson,
respectfully represent:
That a judgment in rem has heretofore been entered in
this proceeding condemning to the use of the state Commission on
Conser vation and Development ot the state of Virginia the fee
simple estate in a tract of land formerly the property of your
petitioners, which tract is described in the report of the Board o
.Appraisal Commissioners appointed herein and shown, numbered 1 and
delineated on the County Ownership Map , filed therewith , as Tract
No. 336.
That the award for Traot No , 336 was $125. 00.
That The
state Commission on Conservation and Development of the State of
Virginia has paid into the custody of the Court the sum of $90. 00,
and has lodged with the Clerk of the Court its check for the balance of $35. 00, the two amounts aggregating the award for the fee
simple estate in said tract of land .
That your :Petitioners, on the date of said jud~ent in
re
condemning said tract of land, were
the owners of said land
in fee simple, ancl that no other person or persons than the undersigned are entitled to sha. e in the distribution of said award .
1
Your :petitioners further show to the Court that there a.re
.no taxes assessed in Rockingham County agai.ns t said land, hut
that said tract of land is assessed along with another traot,which
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG, VA.
lies in Albemarle crounty, and that the taxes on all of..., aid land
have been paid to the Treasurer of Albemarle County.
riil.x:ttxBli.xti:i~~~·J11:thx ldx:tnxu:ulln~~~x~ulfi
�_,_2 .....
certifi oae of the Treasurer of Rookingham County is herewi t h
filed, showing that that portion of your petitioners • lands lying in Rockingham County was not assessed in said County.
Said
certificate is herewith filed , marked ".Ex. Certificate No . l,ff and
prayed to be read as a part hereof.
Wherefore , your petitioners pray that they may be made
parties herein , and be allowed to file their petition in this
suit ; and that an order may be entered in this cause for the dis tribution of said fund , and that your petitioners may have such
other and further relief as the nature of the case may require .
By
Counsel.
State of Virginia , Cit
City of Harrisonburg , to -wit :
This day H. G. Pa.tterson personally appeared before me ,
F. Flavia Converse, a Notary Publi c i n and for the City afor esaid ,
in the State of Virginia , in my City aforesaid, and , being duly
sworn , deposes and says :
I have rea d the above petition , and state that
the matters of fact contai ned therein are true ,
to the beat of my
VA
and belief.
Subscribed and sworn to before me this
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG. VA.
day of May , 1934 .
�- - - ~ - - - - - - - -- - - - -
M. H. HARR ISON
TREASU RER OF ROCKIN GHAM COUNT Y
HARRISO NBURG, VIRGINIA
TO WHOM IT MAY CONC:EBN:
I hereby certify that the record s
in this office show that Herber t G. Patters on and
Allen B. Patters on are not assesse d with any taxes on
land situate in the Park Area in Stonew all Distri ct
in this County .
or
Given under my hand this 12th day
May 1934.
Treasu rer .
C.1
�L'aw Office o/
.9eo. S Jfarnsher yer
Xarr,son6w y,l/a.
�\
\
I
VIRGI~IA:
IN THE CIRCUIT COURT OF ROCKINGIIA.M COUNTY.
The State Commissio n on Conservati on a nd Developme nt
petitione r .
of' the State of Virgini a - - - - - -
V.
AT LAW NO . 1829
Cassandra Lawson tkins and others and Fifty- Tvro Thous and Five tlundred Sixty- One (52 , 561) ores of Land ,
more or less in Rockingham county ,
- - Defendant s .
Virginia - - - - - - - - -
On this the
_!J__
day of irarch , 1934 , came the
petitione r in the above styled proceedin g by counsel , and
H. G. and A. B. Patterson , cla imants, also by counsel , and
exhibited to the court the record of said proceedin g , including the report of the Board of
ppra isa l Commissio ners
therein , and the judgment in rem entered therein on the
28th day of February , 1934 , condemnin g Tract No . 336 as de scribed and numbered in s a id report to the use of the peti tioner upon the payment into the custody of the court of the
sum of $90 . 00 , the amount set forth in said judgment as the
av1ard for the taking of the said Tract No . 336 .
Thereupon , the parties showed to the court that the
said award of $90 . 00 set forth in the said judgment i n rem
was the value pla ced upon the said Tract No . 336 in a report
of Arbitrato rs , filed with the record in this pro c eeding .
The above mentioned parties fur ther showed to the
Court a letter dated l~rch 1 , 1934 , addressed to Georges .
Harnsberg er , Esq ., counsel for the said H. G. and A. B. patterson , adv i sing the said Georges . Harnsberg er as follows :
nMar ch 1 , 1934
Ge o. s . Harnsberg er , Esq •
•ttorney at law,
Harrisonbu rg , Va .
Dear .T . Harnsberg er :
I have your letter of February 21 , c onc erning cor re c t i ons in awards made in arbitratio n of the fol lowing tracts :
- 1-
�awar ded ~90 . 00
Trac t 336 , H. G. and A. B. P tters on , appr
aisa l
by urbi trati on boar d; valu ed $125 . by
that you
com miss ione rs . You are corr ect in stat ingstat
ed to
had file d no exce ptio ns, and that you so efor
e,
boar d of arbi trat ion at the hear ing . Therto make any
the boar d of arbi trat ion had no auth ority .
awar d, and the valu e shou ld stan d a t $ 125
5 . for
Trac t No . 153 , Anni e R. Bego on , awar ded ~204
ing that
stat
n
i
ect
corr
are
You
.
Gree ne Coun ty trac t
t the 2
it was conc eded at a rbit rati on hear ing th. a an
acre in$90
t
a
lued
va
be
ld
acre s of orch ard shou
this
stea d of $80 . an acre . Ther efor e , the awar d for
.
00
.
20
by
d
trac t s houl d be incr ease
e A. c.
I am send ing a copy of this lett er to Judg
make
will
he
and
,
d
alke
t
Cars on , wi t h wh om I have
.
r
orde
tion
a
m
eL
cond
thes e corr ecti ons in the
Very trul y your s ,
Phil ip Willia ms
Cha irma n , Ar bitr at ion Boar d .
Copy to Judg e Car son . "
sel
Peti tion er furt her show ed to the cour t that coun
of fact s set
for peti tion er were not advi sed as to the stat e
of the said judg fort h in the s a id lett er a t the time of entr y
as set fort h in
ment in rem , but tha t , upon lear ning t he fact s
es that the
the said lett er , coun sel for peti tion er reco gniz
set out in the
pers on or pers ons enti tled to rece ive the awar d
Trac t .L\!O • 336 ,
sa id judg ment in rem for the t akin g of the said
patt erso n , a re
own ersh ip of whic h is cla i med by H. G. and A. B.
of ~35 . 00 whic h ,
enti tled to rece ive in addi tion ther eto , the sun1
as the awar d
toge ther with the amou nt stat ed in said judg ment
d be equa l to
for taki ng the said trac t , to - wit : $90 . 00 , woul
of the Boar d of
the amou nt orig inal ly set fort h in the repo rt
Trac t NO. 336
App raisa l Com miss ione rs a s the v a lue of the said
d of ppra isal
desc ribe d a nd numb ered in the repo rt of the Boar
on the coun ty
Com miss ione rs here in and shown a nd deli neat ed
.
Own ershi p ;:ap file d vJ i th a nd made a part ther eof
- 2-
�And thereupon the petitioner prayed lea ve of Court to
pa y into the custody of the Court t h e said surn of ~35 . 00 for the
use a nd benefit of the person or persons entitled to receive the
award set forth in the s a id judgment in rem for the t aking of
said Tract Io . 336, a nd furt h er pr ayed t h e court tha t the Clerk
/
of the Court b e directed to make a n appropri a te reference to this
order in the ma rgin of s a id Table I I of the report of the Board
of
ppra isa l Commissioners herein , a t or ne ar t he place in s a id
Table wherein is shown the finding of the Boa rd of Appra isal
Commissioners a s to the va lue of the said Tract No . 336 a s amended by the order of t h is Court entered Februa ry 28 , 1934 , in sub sta nti a lly the following l a ngua ge :- "See order entered
_:l__ day
of March , 1934 . "
Upon consideration wher eof , and upon motion of the
s a id petitio ner by counsel , a nd the sa i d H. G• a nd A. B. pa tter son by counsel, it is a djudged a nd ordered tha t leave should be
~nd is gr a nted to sa id petitioner to pa y into the custody of
this Court the surn of {;35 . 00 for the use a nd benefit of the
person or persons who were or are entitled to receive the amount
set fort h in the judgment in rem enter e d herein on the 28th day
of
ebrua ry , 1934, a s the awa rd for the tak ing of t he said Tr a ct
No . 336 , a nd to make sa id payment into the cust:ody of the Court
by paying t h e s a id surn of ~35 . 00 to the Clerk of t h is court
under t h e terms of this order , a nd th a t the Clerk of t h is cour t
s h ould be a nd is di rected t o mak e a n appropri a te reference to
t h is order in t he margi n of Ta b le I I of t he report of the Board
of Appr a is a l Commissi oners herein , a t or ne ar the point wherein
the said TaJ le sets forth the v alue found by the sa id Boa rd of
Appra isal Commissioners for the sa id Tract No . 336 , as ame nded
by t h e order entered herein t h e 28 t h da y of
1
ebrua ry , 1934 .
- 3-
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atnmmnnwraltq nf ]ttrginia
TREASUER ' S OFFICE
RI C H M O N D , VA ,
J OHN M. PURCELL
TREASURER OF VIRGINIA
May 18, 1934
This is to certify that I , J . M. Purcell, Treasurer
of Virginia have this l i l~ay of May
with an order of the circuit court of
datea 5/14/34
in accordance
Rockingham County
in the cause of the State Commission
on Conservation and Development of the State of Virginia
vs • _______,C...,a........_s.._.s.....e.....nu.d.....r.....a...__I.....,a..w.. . . .,s.....au.n.i.........<A..._t.....kc.J..:i.un-"'s'---"a.....u.....a...__o~t.ub.i;;ei.r:..:si----:P aid to H. G. Patterson and Allen B. Patterson
$ 90.00
being in f ull settlement of tract # 336
in the above mentioned cause.
JU,
�O!nmmnuwtaltlJ nf llfirgiuia
TREASU RER'S OFFICE
RICHMO ND, VA .
May 18, 1934
JOHN M. PURCELL
TREASURER OF VIRGINIA
H. G. Patter son and Allen B. Patter son
Receiv ed of J.M. Purce ll, Treas urer of
Virgi nia, the sum of $ 90 . 00
, in accord ance
with an order of the Circu it Court of the county
of_ _ R
_o_c_k_i_ng~h_am
_ __ _ entere d on the 14th day
of
May
193_1__ , in the matte r of the State
Comm ission on Conse rvati on and Deve lopmen t v _ _ _
_ _ _____.cc~a=s~s~a=n~d=r~a'----L_a_w_s~o~n_A_t_k_i~n_sc..___ and others , being
full and compl ete settle ment for the tract of land
k nown in said proce eding a s
#
336 _ __
Sign or iginal and dupl i cat e
and ret urn t o t h e Treasu r er
of Vi r ginia .
12.1
�.. .
...
atnmmnnwraltq nf llirginia
TREASUER ' S OFFICE
RICHMOND, VA ,
May 18 1 1934
JOHN M. PURCELL
TREASURER OF V IRGINI A
This i s t o certify that I , J . M. Purcell, Treasurer
of Virginia have this 1 8
day of
May
in accordance
wi th an order of the c i rcuit court of Rockingham County
da ted
5/14/34
in the ca use of the State Commission
on Conservation and Deve lo:pment of the State of Virginia
aandra
Cas
~~~ ~ - - - - - - - ~ ~~ -Atkins
~~ -Lawson
~~
vs · - - - - - - - ~
:pai d to Geo . s . Harnsberger , Attorney for The said H. G. Patterson,
H. H. Patters and D. H. Patterson
$10 , 209 . 45 being in full settlement of trill,ct # 337
in the ab ove mentioned cause .
/
�Q!nmmnuwtaltq nf 1llirgiuta
TREASURER'S OFFICE
RICHMOND, VA .
May 18, 1934
.JOHN M . PURCELL
TREASURER OF VIRGINIA
Geo . s . Harnsberger, Attorney for the said
H. G. Patterson, H. H. Patterson, and
D. H. Patterson
Received of J.M. Purcell, Treasurer of
Virginia, the sum of $10 , 209 . 45 , in accordance
with an order of the Circuit Court of the county
0
Rockingham- -f - - ----------"'°--
entered on the
14th day
of __]_.ia~y"------__ 1 93_!_ , in th e matter of the State
Commission on Conservation and Development v _ __
__C_a_s_s_a_n_d_r_a_L_a_w_s_o_n_A_t_k_i_n_s____ and others , being
full and complete settlement for the tract of land
known in said proceeding as #__3_3_7_ __
Sign original and dup li cate
and r e turn to the Treasurer
of Virginia.
IZCj
�IN '!HE CIRCUIT COURT OF ROCKINGHAIL COUNTY, Virginia.
Received
Ci re u1 t Court
or
or
J. Robert Switzer, Clerk of the
Rockingham County, Virginia, in the
cause of the State Canmissio n on Conservat ion and Development of' the State or Virginia vs. c:assandra Lawson Atkins,
et als, etc., a
d:lreated by order of said Court on May 14,
195', the sum of' Thirty-t'11 e Dollars. ($35.00}, being in
t'ull settlEman t of the amount d~osited wi tb the said
Clerk
~OJ'
Tract /j33f>, in the above mentioned cause.
N/2
By
¾of
~
IJ. /~< >0
P./2 /~In </
�..
IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY, Virgini •
Received of J . Robert Switzer , C erk of the
Ci re ui t Court of' Rockingham County, Vi gini , in the
ca
e of the State Commission on Conservation an d De
lop-
men t of' the State of Virginia vs . Cassandra Lawson At i ns ,
et a.ls, etc ., as directed by order of said Court on N.ay 14,
1934, the sum of Thirt -fi-ve Dollars. (.;?35 . 00}, being 1n
full settla:nent of the amount deposit d
1th the said
Clerk for Tract #336 , in the above me tioned caus e .
/J.~~
iU/2 V
74( /2 ~~1
By
111
�ROCKINGHAM COUNfY
NAME OF CLAIMANT
#337 - Patterson , H. G. & A. B.
Number of Acres: 4 1 5
Location:
Top of the Blue Ridge in Albemarle , Rockingham and Greene
Counties , running down to positions #246 and #248 in Albemarle ,
and e ntirely wi t hi n the Par k a r ea .
Roads:
It is fourteen miles over dirt roads to Port Republic and seventeen miles over better r oads t o Proffit , the nearest shipping
point .
Soil:
(See reverse side for Soil information)
(Rockingham)
History of Tract and condition of timber: 'l'he tinber was cut about 1910 . The
remaining stand has poplar , basswood , white pine , ash, hemlock ,
~nd red oa k up to 24" DBH. The northern portion was severely
burned in 1930 .
Improvements:
(See reverse side for Improvement information )
Acreage and value of types:
Types
Acreage
Value per acre
Total Value
Ridge:
Slope:
164.
$5 . 00
$820 . 00
Cove:
15
10 . 00
150 . 00
224
35 . 00
7840 . 00
12
415
20 . 00
.240 . 00
~9050 . 00
Grazing Land:
Fields Restocking :
Cultivated Land:
Orchard:
Minerals:
Value of Land: $ 9050 . 00
Value of Improvements : $ 370 .00
Value of Orchard: $25 . 00
Value of Minerals : $
Value of Fruit: $
Value of Timber: $ 3 0.00
" " Post
$150 . 00
Value of Wood : $50 . 00
Value per acre for tract: $ 23 . 31
Incidental damages arising from the taking of this tract : $ NONE.
370.00
25 . 00
30 . 00
150 . 00
50 . 00
$ 9675 . 00
�SOIL:
The soil is a sandy loam of fair depth and fertility . There is only
a small amount of loose rock on the open except on small area , but
several outcrops occur .
The woodland is very rocky . Slopes are
gentle to very steep and mostly moderate except in the woods where
it is steep .
The first class grazing has a fine blue grass sod
practical ly free from rock and brush , but with considera ble dog
fennel .
There is quite a bit of timothy . It is smooth Hith gentle
slopes . The second class has patches of good blue grass sod with
some white clover, but there is nore rock , much crabgrass , pennyroya l
fern and other meas and a small amount of brush. uueh of the eastern
portion is rough. The third class has much poorer soil with a small
amount of blue grass and some bare ground .
There is much pennyroyal, fern , and other weeds with sumac, persimmon , and bl ackberry .
portion is rough and rocky .
The woodland grazing is very good
west of the lap , but elsewhere has only a small amount of grass
with considera ble weeds and is rough and rocky .
Il PROVE:[111..!.NTS :
(Rockingha m)
Ten nt house : Log , weatherbo ard, 16xl8', 2 rooms, l ½ story, porch
6xl8', solid foundation , no chimney, fair condition .
Barn : Log, 116x22', shingle roof, poor condition .
Smoke house: Frame , lOxlO', shingle roof , good condition .
Hen house :
Log, 6xl0' , shingle roof , poor condition .
Spring house : Log, 5x8', shLngle roof , fair condition .
Kitcha:r. : Log , 14xl6', metal ,roof , fair condition .
Corn house :
Log, 10xl4', shingle roof , fair condition .
�•
�Filed in the Clerk's Office
Rockingham County, Va.
FEB
I er,
_; VI
1
- - --Clerk
�IN THE CIRCUIT COURT OF ROCKI NGHAM COUNTY,VIRGINIA.
The state Commieaion on
Conservat ion and Developme nt
o! the State of Virginia
riled in the Clerk's Office
fiockingh;:;m County, Va.
fJ[,'. ,r 1932
vs .
Cassandra Lawson t kina and others
and 52,561 acres , more or less,
in Rockingham County , Virginia.
Statement made by
~ ~erk
&+~ ~./
A-,u;'I J! ,t!i{ 11'1~~ '-=C: ,
'
~< ~d&
e , / ~and
pursuant to a deoree en-
tered in the above entitl ed oause on October 25,1932, in resppnse
to Item No . 1 of the inquiry made in said decree.
Your responden ts say th at the acreage listed in the repor t o:r the Apprta1 al Board , under its ro •
.d...1-2 ,
is believed
to be approxima te ly correct . and that they do not desire to make
any o jeotion to the a oreaee as there given.
Your responden ts further say that it was not the number of
aores allowed them to which exception was taken, but tllt the
exception s heretofor e filed by them were to the amount allowed
your responden ts per acre .
By Counsel .
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG . VA .
�1
:Z: , Q ~
li11
1=0
STATEMENT
OF
II
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l'I •
C
i1i11
C ! -I I
"'
0
)
Geo .
s.
Harnsberg er, p.q.
H. H. PATI'ERSON , D. H. PATTERSON , H. G. PATTERSON
D
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STATEMENT OF COSTS, POSTAGE, ETC.:
0
J>
IC
Ill
g
�Pn..T'.J.'.&tSON , D. H . and
r.
· tied in the ClerkJ! Office
8 ckingham County, Va,
SEP ff \ 33
G.
,( i& d~ ctet'K
337
ROCKINGHAU COUNTY
to the Gov erno r ar1s 1ng
IN RE . ARBITRA.tIOl, ;.GREE" ETS subm.i tted
pend ing i n the Cir cui t cou rt
in or out of Con dem nati on Pro cee di ngs nan doa h ~at ion cl p~rk Act .
of Vir gin ia und er eut hor ity of the She
:
SUMhbRY ST_..,TE IBl\iT OF PET ITI ONhR
EXCEPTAlfTS:
Pc~ tters on , D. H. u.nd H . G.
I
ORIGINAL CL.aL.! :
VALu'E PL\.CED O
Acr eag e 215 : V£..lue ~)12 , 90 0 • 00
Inc . Dam.t...ges , Non e
:
TR ....CT BY PETI'l1IOlJER ' S .APPR,.'..ISERS
TR ..1.CT HO .
33 7
VALUE
n crnm;T.AL
D.A:rJJ GES
'lr6 , 675 . 00
INGS :
BOARD OF U'PRAIS •.'J.. COW!ISSION:ERS FIND
~.:.~ NUMBER OF TR .. · CT :
337
V••LUE OF TR_ CT:
11R. .'-i.CT LO .
337
V LUE
~.9 , 675 . 00
INCIDE1~TAL DJJ I.AGES
�The exceptants have filed no s tatement in Rockingham County, where the major portion of the land lies, praying that this case be removed to Augusta County, where the
land owners reside .
Q"
11
Subscribed to and verified before me this thee___da y of
Sept ember, 1933 o
j( J.i /)
Stokes, Notary Public
�PATTERSON,D . H. &H . G.
69
GREENE COUNTY
IN RE . ARBITRATION AGREENIENTS submitted to the Governor arising
in or out of Condemnation Proceedings pending in the Circuit Court
of Virginia under authority of the Shenandoah National Park Act .
SUMM RY STATEMENT OF .l:'ETITI ONER :
EXCEPrANTS : Patterson, D. H. & H. G.
ORIGINAL CLAIM:
Acreage_
: Value$___ : Inc . Damages , None .
VALUE PLACED ON TRACT BY PETITI ONER ' S APPRAISERS:
TRACT NO .
VALUE
INCIDENTAL DAMAGES
69
$75 . 00
None
BOARD OF APPRAISAL COMMIS~IONERS FINDINGS :
MAP NUMBER OF TRACT :
69
VALUE OF TRACT :
TRACT NO .
VALUE
INCIDENTAL DAMAGES
69
$75 . 00
None
Copies of this statement are attached to the statement of
Petitioner filed in the County in which the major portion of the
land lies, and i n which exceptants have filed their statement .
55
�J'Jl
/
In re .Arbitration .Agreement submitted to the
Governor, arising in or out of the condemnation
proceedings pending in the Circuit Courts of
Virginia under authority of the Shenandoah
National Park Act.
Sta.te Commission on Conservation
and Development of the State of
Virginia
filed in the Clerk's Office
Rockingham County, Va.
vs.
AUG
Cassandra Lawson .Atkins and others
and 52,501 acres of land in Rockingham County.
J?
1933
~Clerk
In re exceptions of H. R.Patterson, D.R.Patterson,
and H.G.Patterson.
To
the Hon·. Philip Williams, Chairman of the
Park Land .Arbitration Board.
In reply to your letter of Au.gust 16, 1933, accompanying
the rules that day issued, beg to say:
These exoeptants own 1,469 acres of land lying in the
Counties of Rockingham, Greene, and Albemarle , respectively, as
follOVJS:
In Rockingham County, Tract No. 337, 415 acres .
In Greene County, Tract No. 69,
3¾ acres.
In Albemarle County, Tracts No. 201 , 201-I, and 201-a,
1,051 acres .
s all of exceptants and their witnesses live west of the
Blue Ridge Mountains, it is asked that this matter be heard in
Augusta County.
The same ar bitrator s will sit in Augusta and Al-
bemarle, and it would seem that the hearing on this matter might,
therefore, be just as well held in Augusta.
One of your exoepta.nts, H. G. Patterson , further requests
that the exceptions in regard to his 198 ao~e tr act, located ad jaLAW OFF I CES
GEO. S. HARNSB ERG ER
cent to the above properties, and the exceptions in regard to the
HARRISONBU RG, VA.
5&
�--2-399 acre tr act of H.G. and Allen B. Patterson be also heard and
determined at the same that the a bove matt ers are passed upon.
All of these lands are contiguous , and the witnesses in regard to
one tract will be called in rega~d to the others .
Re spectfully submitted ,
LAW OFF IC ES
GEO. S. HARNSBERGER
HARRISONBUR G. VA .
�:·
.
~
\
'
'
.•·· '
;
: ,• '. ·. '
-. .
..
-.
i
,.
.
.~
..
. .. '
, ·.
NIA,,
, VIRGI
IN THE CIRCUIT . COURT OF ROCKINGH.iM ·.COUNTY
'· . .· ...
.
'
.
:
'
.·, '
.
.
.
The State Commission on
Conservation and Development of the ·
state of Virginia ,
vs .
'
.
~
,
'
..
'PETITIONER ,
At Law, No . _1829.
·.
. .DEFENDANTS•
Cassandra Lawson Atkins and others , .
TO THE HON. H. W. ~ERTRAM , JUDGE OF S~ID COURT. ·
Your responden ts respectful;Ly represent .that a notioe has ·
been given them by The state Comoission on Conservation a~d Dev_elopment of the state of Virginia that it will move the Circuit
for the entry of a jidgmen·t i n rem, condemning , among others , the
property of your respondents , and directing any and all parties of
record in this proceeding , if they desire to oppose the entry of
said judgment in rem , to show eause~ if any they have , in writing ,
filed with the reoord of this proceeding not later than five days
in rem should not be entered .
That your respondents have no objection to the condemnatio
object to the value found t h erefor by the Board of
ppraisal Com-
missioners.
That they have heretofore submitted to arbitration, pursuant to the arbitration agreement proposed by the Governor of
Virginia on July 18 , 1933 , all questions as to dqJD.ages and ~alue
of the land and the improvements sought to be_ condemned by The
state Commission on Conservation and Development of the. state of.
Virginia, and they now pray that the value of said land and improvements, as ascertained by said arbitration . be allowed and en~
tered in said judgment in rem in the place of the amount found bJ
the A'p praisal Board .
LAW OFFICES
GEO.S. HARNSBERGER
HARRI SONBURG, VA.
,,I/,
~.. ~~
- =--- '
:;:_:~;-:;..~ -.......;;
'4 ~::;_..;~~:z~ ·&JC-.-,__:;/_:;2"=-~
~AK
. l~m,...,...,_______.::__::..._,
/,;:""""'
'~
-=-..E-~'...:#:....t..__,
•
�~-
IN THE CIRCUIT COID1T OF ROCKINGHAM COUNTY, VIRGINIA.
Tne state Commission on Conse rvatio n and
Development of the
State of Virgin ia
vs .
Cassa ndra Lawson tkins
and others and
52,501 acres of land in
.-\
·
lbema rle County .
~
(l,;..._"._~-Jr<~~:ttn~lt'
The motio n of Herbe rt G. Patter son, Howard H. Patter son , and
David H. Patter son , prayin g said Court to disapp rove and to declin e
to accep t the findin g of the Board of Appra isal Comm issione rs
hereto fore appoin ted by said Court in the above matte r, where in
said Board report ed , under No. 337 of their findin gs, as filed in
the Clerk 's Office of said Court , that the 415 acres of land found
by said Board to be the prope rty of the movea nts was valued at
only $23 . 31 per acre .
The ground s of said motion are as follow s:
(l)
tached hereto , which are asked to be read in suppo rt of these ex'
ceptio ns .
.
That the findin g of said Board was based upon a mistak e of
law as to the nature and effec t of tj1e eviden ce produc ed before
said Board by the above named partie s .
(2)
Th.at the findin g of said Board is, appar ently, from the
statem ents contai ned in i ts report , based upon the physi cal char(3}
acter of the land alone ~ witho ut taking into consi derati on, or at
least witho ut giving any effec t in its final decisi on to, the
income - produ cing capac ity of the land or to the fact that all such
grazin g lands on the Blue Ridge Mount ains are being taken under
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBU R G, VA.
these condem nation procee dings , and that like grazin g lands canno t
now be purcha sed for any such amount as allowe d to the said move -
�---2--
ants, all of which will more readily appear from the affida vits
attache d hereto , which are asked to be read in suppor t of these
except ions.
LAW OFFICES
GEO . S. HARNSBERGER
HARRISONBUR G . VA.
Y72
�IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY, VIRGINIA.
The State Commission on
Conservat ion and Developme nt
of the state of Virginia
vs .
Cassandra Lawson Atkins
and others and
52 , 501 acres of land in
Rooldngham County.
Affidavit of Herbert G. Patterson to be read in connectio n
with the moti on fi l ed by him and others to have the finding of
the Board of Appraisal Commissio ners disapprove d in connectio n
with its finding No . 337 .
State of Virginia,
City of Harrisonb urg, to-wit:
Herbert G. Pa tterson this day personall y appeared before
me, F.Flavia Converse, a Notar y Pllblic in and for the City aforesaid, in the state of Virginia, in my City aforesaid , and, being
duly sworn , deposes and says:
I am a joint owner with Howard H. Patterson and David H.
patterson of a tract of 415 acres of grazing land situate upon
the Blue Ridge Mountains in Rockingham County, Virginia, and
reported by the Board of Appraisal Commissio ners in the above entitled matter under their finding No. 337 .
The 415 acres of land above referred to will graze 120
cattle for seven months during each and every year , and these 120
cattle will put on an average of at least 225 pounds, each, duri
that period . The aggregate number of pounds thus put on would be
27 , 0000 per season.
conservat ive average price would be seven
cents per pound , which would make the income from the grazing eac
year worth $1,890. 00 .
This amount is equivalen t to t he income at
six per cent . on $31,333. 00 .
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG . VA.
be approxima tely $73. 00.
The average worth per acr e would th s
The land above referred to has ao -
�--2-
tually grazed the number of oattle ab·ove speoified, and I know
that the oattle will put on, year in and year out, at least the
weight specified.
The difference between the above valuation and
that set forth in the proof of olaim heretofore filed in this
matter is due to the difference in acreage speoified in the claim
and that found by the Board of
ppraisal Commissioners .
I am the owner of several farms in Rockingham County, and
in 1930 purchased a grazing farm in Highland County, which I bough
under very favorable conditions, but for which
proximately $80 ~00 an acre .
r
had to pay ap-
The Highland County farm will not
graze any more cattle or put on any more pounds per acre than the
property in question.
Due to the fact that these proceedings contemplate the
taking of all grazing lands on the Blue Ridge !Jountains , it will
not be possible for me to acquire further grazing lands in the
vicinity of the above described property. The land in question
cannot be replaced anywhere in this seotion of Virginia for less
than
so.oo
per acre.
The aforesaid l and , being condemned in this cause, is
indispensable to the profitable oper tion of my other farms. The
same is not for sale , and I hereby ask that these lands be omitted
from the contemplated Park
area •
.All of the foregoing informati n was given to the Board
of Appraisal Commissioners, but, if I am to judge by their find-
ing , it was not considered.
Subscribed and 1vworn to
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG. VA.
this
I 9,L
day
of ~me:;.,,, "1932.
--~£,u.. ,JJ.Y~~""'~~:::::::·~~~~!.ll.,;~~~&_, Notary Public.
�IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY ,VIRGINI .
The State Commission on Conservation and
Development of the State of Virginia
vs.
Cassandra Lawson Atkins and others
and 52501 acres of land in Rockingham County.
ffidavit of Howard H. Patterson to be read in connection
with the motion filed by him and others to have the finding of' th
Board of Appraisal Commissioners disapproved in connection with its
finding No. 337.
State of Virginia ,
City of Harrisonburg, to-wit:
Howard H. P atterson this day personally appeared before
me, F. Flavia Converse, a Notary Public in and for the City am:it
state aforesaid , in the state of Virginia , and , being duly sworn ,
deposes and says :
I am a joint owner with Herbert G. Patterson and David H.
Patterson of a tract of 415 acres of grazing land situate upon
the Blue Ridge Hountains in Rockingham County , Virginia, and
reported by the Board of Appraisal Commissioners in the above entitled matter under their finding No. 337.
The 415 aores of l and above referred to will graze 120
cattle for seven months during each and every year , and these 120
cattle will put on an average of at least 225 pounds , each , durin
that period .
The aggregate number of pounds thus put on would
be 27,000 per season.
A conservative average price would be
seven cents per pound, which would make the income from the grazing each year worth $1 , 890. 00 . This amount is equivalent to the
income at six per cent. on
31 , 333. 00.
The average worth per
L.\W OFFICES
GEO. s . HARNsBERGER
HARRISONBURG, VA,
acre would thus be approximately
73. oo.
The land above referred
y,5
�--2--
to has aotu.ally grazed the number of oattle above specified, and
r
know that the cattle ~ill put on , year in and year out, at
least the weight specified.
The difference between the above
valua tion and that set forth in the proof of claim heretofore
filed in this matter is due to the difference in acreage specified in the claim and that found by the Board of Apprais a l Commissioners.
I am the owner of a farm in Augusta County , and am aoquainted with the grazing farm in Highland County purchased by
Herbert G. Patterson in 1960 , at approximately $80.00 an a cre.
The Highland County farm will not graze any more oattle or put on
any more pounds per acre than the property in question.
Due to the fact that these proceedings contemplate the
taking of all gr zing lands on the Blue Ridge Mountains, it w~ll
not be possible for me to aoquire further grazing lands in the
vicinity of the above described property. The land in question
cannot be replaced anywhere in this section of Virginia for less
than $80.00 per acre .
The afores id land being condemned in this cause is
indispensable to the profitable operation of my o~her farm~. The
same is not for sale , and I here~ ask that these lands be
omitted from the aontemplated Park area.
11 of the foregoing information was given to the Board
of Appraisal Commissioners, but, if I am to judge by their finding , it was not considered .
A
Subscribed and sworn to
before me,thia
19 n....,
---~ ------........
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG . VA.
,1932 .
day ot
�IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY,VIRGINIA.
The State Commission
on Conservation and
Development of the
State of Virginia
vs.
Cassandra Lawson tkins
and others
and S2,501 acres of land in
Rockingham County. ·
Affidavit of David
•
.Patterson, to be read in connection
with the motion filed by him and others to have the finding of
the Board of Appraisal Commissioners disapproved in connection
with its finding No. 337.
state of Virginia,
City of Harrisonburg, to-wit:
David H. Patterson this day personally appeared before
me, F. Flavia Converse, a Notary Public in and for tlie City
aforesaid , in the State of Virginia, in my City aforesaid, and,
being duly sworn, deposes and says:
I am a joint owner with Herbert G. Patterson and Howard
H. Patterson of a tract of 415 aores of grazing land situate upon
the Blue Ridge Mountains in Rockingham County, Virginia, and
reported by the Board of Appraisal Commissioners in the above entitled matter under their finding No . 337.
The 415 acres of land above referred to will graze 120
cattle for seven months during each and every year, and these 120
cattle will put on an average of at least 225 pounds, eaoh ,
during that period.
The aggregate number of pounds thus put on
would be 27,000 per season.
A conservative average price would
be seven cents per pound , which would make the income from the
grazing each year worth $1,890.00.
LAW OFFICES
GEO.S. HARNSBERGER
HARRISONBURG, VA.
This amount is equivalent to
the income at six per cent . on $31,333.00.
per acre would thus be approximately $73.00.
The average worth
The land above re-
�--2--ferred to has actually grazed the number of cattle above specifie,
and I know that the cattle will put on, year in and year out, at
letst the weight specified.
The difference between the above
valuation and that set forth in the proof of claim heretofore filed
in this matter is due to the difference in acreage specified in
the claim and that found by the Board of Appraisal Commissioners.
Due to the fact that these proceedings contemplate the
taking of all grazing lands on the Blue Ridge Mountains, it will
not be possible for me to acquire further grazing lands in the
vicinity of the above described property. The land in question
cannot be replaced anywhere in thi a section of Virginia for less
than $80.00 per acre.
The aforesaid land being condemned in this cause is indispensable to the profitable operation of my other farms.
The
same is not for sale, and I hereby ask that these lands be
omitted from the contemplated Park area.
11 of the foregoing information was given to the Board
of
ppraiaal Commissioners, but, if I am to judge by their find-
ing, it was not considered.
Subscribed and sworn to
,qt(
day
LAW OFFICES
GEO . S. HARNSBERGER
HARRISONBURG. VA.
~78
�IN TH.., CI .CUIT COURT OF ROC~INGH- .f COUNTY, VIRGH I •
The St ate Commis ion on
Conservation and Development of the
•
s ti te of Vi r g inia
V •
Cass andr Lawso1 • t
acres of land in
Roc;lcihgham 8ou.nty .
and o thers and 52 , 501
din
ff i a vit of
onnection with the
tterson , and
oti on fi l ed by Her bert
of
ppraisal
Davi d H. Patterson
the Boar
Commi s sioners dis ppr ve
i th its fin ing No . 337 .
state pf Virginia,
City of Harrisonburg, to-wit :
This day
·.r. c. Long
personally appeared before me , F. Flavia
Converse , a Notary Public in and for the City and state aforesaid
in my City aforesaid , and , bein6 duly sworn , deposes and says :
I am a stock dealer , and have bought cattle from Herbert
G. Patterson which were grazed on the 41 5 acres of land belonging
to Herbert G. Patterson, Howard H. Patterson , and David H.Patterson
ituate on the Blue Ridge] ountains , and have been upon this land
while inspec t ing the cat tle .
I have also been on the ~r zi
f arm of Herbert G. Patter -
son situate in Highland Count y.
land above referred to will graze with :the
that t e Blue Ridge
ic-hl · nd County land ,
proviaed the s me have an equal number of s toe!{ . The Blue Ridge
lands are watered better than tli e Highland J ounty
ands .
From my experience in buying stock and from my experience
with the grazing of stoc"c , I am satisfied that steers placed upon
the Blue Ridge rountain land now under cons ider&tion will take on
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG , VA .
at least 210 pounds api ece per season , if not much more .
�--2-In the event all of the grazing lands on the Blue Ridge
Mountains are taken in the above condemnation proceeding, I do
now kn~n where the lands of the Pattersons which we are now considering could be replaced .
I do not believe that this land
could be replaced for less than ; 75 . 00 or ·1so. oo per acre , even
at the present time .
The lands in the Blue Ridge i~ountains are nearer to marke
than the lands in Highland; they are closer to the said Pattersons , and therefore are more valuable to them than the Highland
County proi:e rty .
Subscribed and sworn to
before me _, this
Septemoer ,
of ~ff~+ 1932 .
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG . VA.
/
q7i
d y
�IN THE CIRCUIT COURT OF ROCKIMGHAM COUNTY , VIRGIN! •
The State Commission on
Conservation and Development
of the State of Virginia ,
Petitioner ,
vs .
Cassandra Lawson Atkins and others ,
On this , the
/¥
Defend ants.
day of May , 1~)4. came H. G. Patterson ,
H. H. Patterson , and D. H. Patterson, by counsel, and, on their motion, leave is given them to file their application for the peymen
to them of the sum of $10~09. 45, the amount awarded them by the
Board of Arbitrators as set out in the judgment of condemnation
of Tract No . 337, which tract formerly stood in the names of H. G.
Patterson, H. H. Pattereon, and D. R. Rattereon, the amount thereof
having been heretofore paid into court •
.And it appearing to the Court from the report of the
Board of Appraisal Commissioners heretofore filed in this oause
and in the petition i r judgment of condemnation heretofore entered herein that in the opinion of the petitioner the said H. G.
Patterson, H. H.Patterson, and D.H. Patterson were invested with a
superior or better right or claim of title in and to said tract of
land No . 337, and that the record in this canse does not disclose
any denial or dispute by any party or person in interest as to the
title to said tract No . 337 or to the proceeds arising from the
condemnation thereof, and that the said H. G.Patterson , H. H. Pa.tterson , and D. H. Patterson are entitled to receive t he proceeds arising
from the condemnation of said tract No . 337 :
.And it further appearing to the Court that all taxes
against said land in Rockingham County have been paid:
Upon consideration whereof , it is considered and ordered
by the Cuurt that the said sum of $10 , 209. 45, the same being the
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG, VA.
amount awarded them by the Board of Arbitrators for Tract No . 337,
�--2-·
paid into Court by the petitioner as just compensation for said
tract, be paid to Geo. S. Harnsberger, Attorney for H. G.Pattereon,
H. H.Patterson, and D.R.Patterson, and the Clerk of this Court is
directed to transmit a certified copy of this order to the
Treasurer of Virginia, who shtll pay unto the said Geo . s . Harns~
berger, Attorney for the said R.G. Patteraon, II. H.Patterson , and
D. H. Patteraon , the said sum of ,10 , 209. 45 , t he amount of s~id awar
set out in said judgment of condemnation for said tract of land
above designat ed , taking from said Geo.s. Harns berg er, Attorney for
H. G.Patterson, H. H.Patterson , and D. H. Patterson, receipt therefor,
and certifying such payment to the Clerk of this Court for appropriate entry thereof, as required by law.
LAW OFFICES
GEO. S. HARNSBERGER
HAR RISONBURG, VA.
'fl
�IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY t vmGINIA.
'.lb.a State Commission on
Conservation and Development
of the state of Virginia ,
Petitioner,
vs .
Cassandra Lawson Atkins and
others,
Defendants.
To the Hon. H. W. Bertram, Judge of said Court .
Your petitioners, H. G.Patterson, H. H. Pa ttereon , and D. H.
Patterson, respectfully represent:
That a judgment in rem has heretofore been entered in
this proceeding condemning to the use of the state Commission on
Conservation and Development of tha State of Virginia t he fee
simple estate in a tract of land formerly the property of your
petitioners, which tract is described in the report of the Board
of Appraisal Commissioners appointed herein and sho.vn , numbered ,
and delineated on the County Ovnership Map,filed herewith, as
Tract No . 337.
That the award made by the Board of Appraisal
Commissioners for Tract No . 337 was $9 , 675. 00 , which amount was
increased by the Board of Arbitrators to $10 ,209.45.
That The
state Commission on Conservation and Development has !)aid into the
custody of the Court the said amount hereinabove set out as constituting the award for the fee simple estate in said tract ot
land.
That your petitioners on the date of said jud~ent in
rem condemning said traot of land were t he owners of said land in
fee simple, and that no other person or persona than the under sig,ned are entitled to share in the dis t ribution of said award • .
Your petitioners further show~ to the Court that there are
unpaid
no taxes m«s:tti in Rockingham County against said land. A cer LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG. VA.
tificate of the Treasurer of Rockingham County and a certificate
from the Clerk of the Circuit Court of Rockingham County are here-
�- - 2--with filed, marked "Ex.Certificate No. 1" and "Ex. Certificate
No. 2," res:peotively 9 and the same are prayed to be read as part
hereof .
Wherefore, your petitioners pray tha t they may be made
parties herein, and
be
allowed to file their petition in thia
ma tter, and that an order may be entered in this matter for the
distribution of said fund, and that your petitioners may have such
other and further relief as the nature of the c ase may require.
Counsel .
By
state of Virginia ,
City of Harrisonbw.·g , to-wit :
Thie day H. G. Patterson personally appeared before me ,
F. Flavia Converse , a Notary Public in and for the City aforesaid,
in the state of Virginia , in my City aforesaid , aad, being duly
sworn , deposes and says :
I have read the above petition , and state that
t he matters of fact contained therein are true
to the best
Subsori bed and sworn to before me th1.· a
LAW OFFICES
GEO. S. HARNSBERGER
HARRISONBURG. VA.
,
1
'
may , 1= 4
6,., da y o f '"'
o~
.itj,
•
�M. H. HARRISON
TREASURER OF ROCKINGHAM COUNTY
HARRISONBURG, VIRGINIA
TO WHOM IT 1\MY CONCERN:
I hereby certify that the records
in this office show that the 1933 taxes on a certain
tract of 215-0-0 acres of land in the names of H. G.,
D. H. & H. H. Patterson situate in the Park Area in
Stonewall District, Rockingham County has been paid .
All taxes prior to that time, if
any be due, are a matter of record in the Clerk's
Office of said County.
Given under my hand this ?th day
of May 1934 .
Treasurer
�STATE OF VIRGINIA,
COUNTY OF ROCKINGHAM, to-wit:
I, J. Robert Switze r, Clerk of the Circui t court
the r ·e cords
or Rocking ham Count y do hereby certify that
agains t the
taxes
Bnt
delinqU
any
show
in my office do not
all Distrt et,
Stonew
in
situate
land
at
tract of 215-0-0 acres
ot H. G.,
name
he
t
in
d
assesse
ia,
Rocking ham County , Virgin
D. H. and H. H. Pa tterson .
Given under my hand this 18th day
of t h e
Attorn ey.
or
May, 1934.
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Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Source
A related resource from which the described resource is derived
Naylor, Cassie - Shifflett, Ahaz
Identifier
An unambiguous reference to the resource within a given context
patterson-h-g-and-a-b.pdf
Title
A name given to the resource
Patterson, H. G. & A. B.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Brown's cove; Blue Ridge
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): 336, 337
Format
The file format, physical medium, or dimensions of the resource
PDF
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Patterson
-
https://omeka.lib.jmu.edu/erp/files/original/dd9da252a62dd0a148e032908c0c4a1e.pdf
67b7c59afb32998ffcfe2e67ac295252
PDF Text
Text
ROCKINGHA]i1 COUNTY
N A M E O F ~ 0WNER
#309 - Pearl , joseph - Estate
Number of Acres: 39
Location:
Madison Run .
Roads:
Two a nd one- ho.lf miles via dirt road to Port Republic , the
nearest shi~ping point .
Soil:
1
Entirely .within the Park area .
Sandy loam of a fair depth and fertilit y .
cover the entire area .
Small loose rock
History of Tract and condition of timber:
.All the merchan table saw ti::.nber has been
removed from this tract .
Improvements:
(See reverse side for improvem ent informat ion}
Acreage and value of types:
Types
Acreage
Value per acre
Total Value
Ridge:
Slope:
Cove:
9
@
$10 . 00
$90 . 00
Fields Restocking:
19
@
15 . 00
285 . 00
Cultivated Land:
11
25 . 00
275 . 00
Grazing Land:
39
Orchard:
Minerals:
Value of Land: $ 650 . 00
820 . 00
Value of Improvements: $820 • 00
Value of Orchard: $
Value of Minerals: $
50 . 00
Value of Fruit: $ 50 . 00
Value of Timber: $
25 . 00
yl!:545 . 00
ValueofW ood: $ 25 . 00
Value per acre for tract: $ 39 • 6 O
Incidental damages arising from the taking of this tract: $
NONE .
---~~-~/f/k~---A
_
CL~RK.
ll
�IMPROVEME);""TS:
Frame dvYe lling: 16x24 t , with 4 rooms and 5xl6' porch,
shingle roof , frame kitchen 12xl6t, with side rooms,-8xl6'
and porch jxl4' , p&per roof, 1 room l½ story in height .
4 rooms plastered, fair condition, occupied by tenant ,
water supply is 2 wells .
Frame barn:
12x60' , shingle roof , fair condition, solid
foundation.
Frame granary: 14xl8' , shingle roof , fair condition.
Frame meat house: 10xl2' , pa per roof, poor condition.
Frame hog pen:
5x6' , p~per roof, good condition.
�I
Cou.nt:,:
:1001<.in
Dietl"iot:
Deed
1088
m!l\
Gtonuwnll
60
11.100
lj0.00
If
!000.00
:}00 «00
1001
11ubUo, tho neeroot t1hippi!lf r oint.
-
:Je.ndy lown of n teir depth f<:nd tort1lity.
en t1 re nrea.
S<>il:
Cnull loo8e rock oovor tho
•'•ll the merohantable "·'1'1 ttubar hes been ,·e«!lovod he> thie tmot
'.1,'hONl
1 1bo.,1t 2 oords or fuel •oo<'l per A on tlle wooded n:rea oo £t, ia in· of
tW·tJll hl,r«hmoc. , 11d notr d ho. t l r ninct.
Hiatorv:
18 oo:rd
~oo,i ! 7bt.
13.CO
l..11~ 16 x
roct,. ? r,,
, :rum
.~hii ,·l
a,•rt,.
.t! ~h 4 tootno and fl x l6 r,oroh~
i;ttchen li • 16ft. rti~h i>td room~
o A 16ft n poreh o 14 .rt. Pf er root. l .,.oorn l. l/"
t-\ t ory 1u h . te,:ht.
f"OOJllS plnate?1ld.
• 1~ oo-:;( • tiol ••
:loc 1µ1ed by temmt.
'nts:t iumily in e we!.l.B.
• l'tllllt bn:rn.
12 x eort.
·111 a 1~
root. wn1 :r cowl. e ad
{\W
~on.
,,
r1t
~
l2h .. O
nnr:, 14 .x l.dtt • . N .n l l"oot .. I!'ni"" oond.
t ho1 ee 10 :i 2t' • :,t,1•er root'. ...,oo"' cond.
rnri.e ho· pen
"'cmo.oo
e AC
~1. J'r•J.it tr ea.
6 i"t. ~aJ>er root. Cood con:!.
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o.oo
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5.00
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ON
9
ll
g
.8
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.
Total
V
l rn
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or land
" i npl"ovemouta
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~
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'
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13.00
15:.;u .. UO
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�}30c:J ::--Jose Jh Pearl ,
te
County : :mcr;:in t.;hum
Ji strict : Stone.m ll
N
L ,G _.. D
Cove - .:iL. ble
.,0 S vO<.:i::in'
Sc . . le - 1' 1
-
:~O c.uinr,
_ _ _ _ _ _1-iZ
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Source
A related resource from which the described resource is derived
Naylor, Cassie - Shifflett, Ahaz
Identifier
An unambiguous reference to the resource within a given context
pearl-joseph-estate.pdf
Title
A name given to the resource
Pearl, Joseph Estate
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Madison Run
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): 309
Format
The file format, physical medium, or dimensions of the resource
PDF
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Pearl
-
https://omeka.lib.jmu.edu/erp/files/original/e3af49df144e3fd6ce418491b1a77d35.pdf
1cbb4d149b99b59f1dd8074f722f0314
PDF Text
Text
.' -I
NAME OF CLAIMANT
#1 64 -
helps , Idt.
Number of Acres: 2 ~0
Location:
On Gu. , Run .
Roads:
'I:vo miles o
point .
Soil:
Entirely wit1'in the Purk
ren .
comt~· dirt ro:::d to :.~mcer , the net.rest shippi!1t,;
T 1e soil is s:1G.llow sandy loam of f1 ir de:--th nd fertilitJ ,
1 linre
exce. t t 1e ·ridge ty e w'-:ich iG Mostly rock:r .
is I'l.Uch
loose rock <nd numerous outcro:::_)S ; slo es . . . r-P stee •
History of Tract and condition of timber:
The trt.ct has beer en"':; over c.t V<..l rious
ti•:1es ..... nd L11r: is no I'l.erch:.....,..,tuble ti·1be1 lf ft .
In a !'ew
rh.ces t:1 ::re is sone scrub y Jellou ... ine u1, to 10" DB::,
und a fe· ll'lrd rnods the.. t sizes on the SO'ltL end .
_1 he est tinted
anount is 8G cords o fueluood .
Improvements:
none .
Acreage and value of types :
Types
Acreage
Value per acre
Total Value
Ridge:
107
yl . 00
.,pl07
"' . 00
Slope:
108
2 . 00
216 . 00
Cove:
5
5 . 00
25.00
Grazing Land:
,?.'.148 . 00
Fields Restocking:
Cultivated Land:
Orchard:
Minerals:
Value of Land: $ 348. 00
Value of Improvements: $
40 . 00
'&388 .. 00
Value of Orchard: $
Value of Minerals: $
Value of Fruit: $
Value of Timber: $
Value of Wood: $ 40 . 00
Value per acre for tract: $ 1 . 7 6
Incidental damages arising from the taking of this tract: $
S7
�Claim of _____ ___ __ ______________________________________________________________ ______ _
In the Circuit Court oL,H-Ge±c-:i:ng-han:r--.:. __________ County, Virginia, No. ________ , At Law.
The State Commission on Conservation and Development of the State of Virginia, Petitioner, VS·----- f-a:-.:,- - it; PJr6 l,rs------------------------------------------- -------------_____T_vg9__.Hun_d r.ad _.f'illcL -tw.m1t¥- .A~9B-------·------ - ----------------------------------
more or less, of land in _____ 3._0_Qt _i_:m;.h.GJl1__________ County, Virginia, Defendants.
The undersigned, in answer to the petition of the State Commission on Conservation and Development of the State of Virginia, and in response to the notice of condemnation awarded
upon the filing of said petition and published in accordance with the order of the Circuit
Court of__fm - ;:r-~-- -,----------- --- County, Virginia, asks leave of the Court to file this
as his answ~1-% 1 lli!cl1~tition and to said notice.
My name is __ __±-ds::-- H-. P-he-lp-s- ----------------------------------------------- My post office address is _______ __Elkton _ifixgi.ri.i~----------------------------I claim a right, title, estate or interest in a tract or parcel of land within the area sought
to be condemned, containing about_ ___ 2.z.o __________ acres, on which there are the following
buildings and improvements =-----~9__ !~J2.~.Sl_"'{.~gi-~:gj;_~ L1;J_g_t _j;_i m,_b_ar____________________ _
____ a nd - mi.:ue..r--&1 ------------------ - ----------------------------------------------- ---
This land is located abouL- F.n.u.r_____ miles from _______ -E-J:ktuu- -------------Virginia, in
0 n ewa l l Mag1s
. t of sai"d Coun t y.
. 1 n·1st r1c
. t eria
th e_ __ 8t
______________
I claim the following right, title, estate or interest in the tract or parcel of land described above: (In this space claimant should say whether he is sole owner or joint owner,
and if joint owner give names of the joint owners. If claimant is not sole or joint owner,
he should set out exactly what right, title, estate or interest he has in or to the tract or
parcel of land described above.)
____ I _ ara_ so l ..e.. _0W11e.r . ---- - ----------------------- - ---------------------------------
The land owners adjacent to the above described tract or parcel of land are as follows:
North-- -Bu~- -Gr-ai.~fe-r-a ----------------------------------- - - - ----------------- ----South __ -=0- not- k~mv-------- ------------ -- -- - ----- -- -- ------- --------- _____ _____
East ____ _no __no.t_J<-no_w __________ _____ ______________________ ______________________ _
______ __ ____ _____ _
know
Do no t ________________________________________________
W est _____________
I acquired my right, title, estate or interest to this property about the year _~ _in the
0
following manner:
----~ - ..d.ee..d._f.:ro.m.. :..·1 .. -C-.-1G-ng- ---- --- - -- __ -- -- - ----- ---- ---- --- ---- ---- - - -- ---- -- -- I claim that the total value of this tract or parcel of land with the improvements thereon is $--~QQ_Q!. QQ _____ . I claim that the total value of my right, title, estate or interest,
in and to this tract or parcel of land with the improvements thereon is $ __ J~OD_Q.. D_Q_ ____ •
I am the owner of_ __ Q.Q. __________ acres of land adjoining the above described tract or
parcel of land but lying outside the Park area, which I claim will be damaged by the proposed condemnation of lands within the Park area, to the extent of $------------------·
(In the space below should be set out any additional statements or information as to
this claim which claimant desires to make; and if practicable he should also insert here a
description of the tract or parcel of land by metes and bounds).
Ren1arks·---- ----- ----------------------------------------------- ------------------
--- ----------------------------------------- (Continue remarks if necessary on the back).
Witness my signature (or my name and mark attached hereto) this ___ iz.th ______ day
Of ______ ~~~~_!-~~_!-~ - ~-~~~30.
--J,da.~tf-~£~~-L------------------
STATE OF VIRGINIA, COUNTY OF_R-E>-C-k i ng-1':B-::t --------- ----, To-wit:
The undersigned hereby certifies that_ __1~_?__ J.:l_._ig_!l_$_1P-_~ -=-=--- ------------------------the above named claimant personally appeared before him and made oath that the matters
and things appearing in his above answer are true to the best of his knowledge and belief,
/J,;
F eb . l 93l . 1930
f
d
l 2t h
th .
?ftl, '3 ;·-----------------/ '-
ay
O
----------------~f~4¥tu- t, ;rs ;;;~ et1g;1o~-~;
Notary Public, or J usti e of the Peace.
�<trnmntnumtaltq nf 1llirgiuia
TREASURER'S OFFICE
RICHMOND, VA.
December 28 , 1933
JOHN M. PURCELL
TREASURER OF VIRGINIA
This is to certify that I, J.M. Purcell, Treasurer
of Virg inia have thi s 28 day of December in accordance
with an order of the circuit court of
dated 12/26/33
Rockingham Uounty
in the cause of the State Commission
on Conservation and Development of the State of Virginia
Cassandra Lawson Atkins
vs.
:paid t
0 __ Ida
H. Phelps
$_3_8_8_._0_0_____ beiog in full settlement of tract# 1 64
in the above mentioned cause.
I
330
�--Q.tnmmnumtttltl1 nf 1!Jirgiuttt
TREASURER'S OFFICE
RICHMOND, VA.
December 28 , 1933
JOHN M. PURCELL
TREASURER OF VIRGINIA
-·
Ida H. Phelps
Received of J.M. Purcell, Treasurer of
Virginia, the sum of$ 3 88 . 00
, in accordance
with an order of the Circuit Court of the county
of__R_o_c_k_i_ng
~h_am
_ _ _ __ entered on the _ 2_6_t_h_ day
of December 193~ , in the matter of the State
Commission on Conservation and Development v ___
~C~a~s~s~a~n~tl
~r-a.____.L~a~w=s~o=n.__.,_=A~t=k~i~n=s"'-___ _ and others, being
full and complete settlement for the tract of land
known in said proceeding as #~1~6~4~- - -
Jf~0~
,f{.1. ~-~
Sign original and duplicate
and return to the Treasurer
of Virginia.
331
�coun ty: Hock1ngham
lJist riot : Ston ewa ll
/,11 64 - Phel ;es, Idn
Acro aBe Claim ed:
Valu e Claim ed:
Loca tion :
220 A.
Asse ssed : 229 A ,.
2000 • 00
11
:;jlll0 . 00
On Gap Run ,. Enti rely with in the park area. .
~br_ Q,n ocsa coun ter olnim s
·
of J(loob' Yos t,
Docd : 220 .\ • ~\150 .
(192 1) (Pro babl y
surf ace mea sure -
men t)
or laps : The mine ral righ ts are in the name
rust oe .
1
-
The soil is shal low sand y loam of fair dept h and
exce pt th e ridg e type wllich is mos tly rook y . Therf erti lity ,
o is :nuch
:Roads:
Two mile s o:f c01m ty dirt road to Yanc ey, th e near
est ship ping
poin t .
Soil t
.Hist ory of
loos e rook and numeroun outo rpps ; slop es arc stee p .
trae t and cond ition of timb er: The trac t has been
vari ous time o o.nd ther e is no me:r chan tablo ti:mb cut over at
a fow plac es ther e is some scru bby yello w 1;1no or left . In
up to 10" DBH,
and a few ho.rdwoode that size s on the sout h end
. rrhe ostlm atod
amount is 80 cord s of fuelw ood valu ed
50¢, :ma.kine a tota l of
..~40 . 00 .
Improvem cn t~: None .
Valu e of land by t:!Q?os:
~
Aerc a.ge
Cove
5
J lope
Ridg e
108
2 . 00
92
205
Tota l valu e of land
Tota l valu e
Valu e
ner a.ore
, :"4 . 00
or
. 75
Tota l
Valu e
,f'-'
. •
'"' 0 0
00
216 . 00
69 . 00
~~ 305 . 00
t305 . 00
i:mprovoments
Tota l valu e of timb er
Tota l valu e of t r a ct
Aver age val ue per acre
40 . 00
545 . 00
1 . 68
l,'f
�110. 1ti . Ql'
1
t
t
Idai H. Phelp&
, .,. - •
J' t
bar,
ot Dco ·
1
9
,
o ------
Cl
n ht: mot . n. le ve as Sb en hen to fil
t
588 00
out
t
a . 154
-it
awnrd
into Court .
'
r
port
eretoib
t1led in
his
,
-
t
in
n1
d
to th
ats 11 a by on
o
ont tl d
ha e ........... """'_.....,... ti..,,
id
tot
t
t
porson
to the
he ooid
o roeo v
1 ns
at !lo. 164
te..: a du
o
t
)
ble upo
a
. ct o. 164
b
th cou
ot
h t
io
j
o
ll
388I s 00
1 !'!!11 - I
tieL
0
1 unt
-,, I
'
t
tl e
a
164
de...~ tl.
b
t 1
C
f this Ord r to tll.O
00.1
6
id 1 to
•
hoClor • ot . 1
J
111
a
388.00
t
8
Ide. H. Ph~ips
,-
o·
l'
t 1
0
1tle
n t
,
to h
tho e
om. ti ,#r
Ida H. Phel
V
r
1"1
roee a ri n. t
tne
•
1a1
164
aal
• an
nth
i
A .. r
1
1
court
p
unto
dtroot·
a:- 1h-a t tt'l . 1_&_4 __ •
a rd
t
u.
t ...
ee.suror
h
f t
h said
0
n t
1d
of oonI~a H. Phe~;es
a
th
o lt"t . or
q urod by la •
11(K
, ,•
�State of Virginia,
County of Rockingham, to-wit:
I, J. Robert Switzer, Clerk of the Circuit Court of
Rockingham County do hereby certify that the records in my office
do not show any delinquent taxes against the tract of 220 acres
in Stonewall District, assessed in the name of Ida H. Phelps.
Given under my hand this 22d
day of December, 1933.
egLe
32?..
�M.
H. HARRISON
TREASURER OF ROCKINGHAM COUNTY
HARRISONBURG, VIRGINIA
To Whom It
Moy
Concern :
I hereby certify that the records
of my office show that Ida H. Phelps has paid the taxes
for the years 1932 and 1933 on her tract of 220 - 0- 0
acres of land situate in Stonewall District in Rock:~gham
County .
All taxes prior to that time, if any
be unpaid , are a matter of record in the Clerk ' s Office
of said County.
of December 1933 .
Given under my hand this 22nd day
Tre~~Count
"
�I
\
~
_,., '
In the Circuit court of Roakingham County, Virginia.
The State Commission on
Conservation and Development
of the state of Virginia,
vs
PETITIONER.
At Law No. 1829.
Cassandra Lawson Atkins
and others.
DEFEJ\IDAMTS.
Comes now the undersigned and shows to the court:
That a judgment in rem has heretofore been entered in
this proceeding condemning to the use
of the petitioner the fee
simple estate in the tract of land No. 164
and described in
the report of the Board of Appraisal Cog:nnissioners appointed
herein, and shown, numbered, and delineated on the county Ownership Map filed therewith, upon payment into the custody of the
Court of the sum set out in the said judgment as constituting
the awe.rd therefor, as follows:
Award on Tract No.
164
$ 388.00
That the report of the said Board sets forth that the
undersigned is the only person who claims or appears to have a
claim to an interest in the said tract 0£ lana or in the proceeds
arising from the condemnation thereof;
That the petitioner has paid into the custody of the Court
the said sum set out in said judgment as constituting the award
for the fee simple estate in s aid tract or land;
That your undersigned, on the date of the said judgment
in rem condemning the said tract of land, owned or was entitled
to a fee simple interest in said tract, or in the proceeds arising from the condemnation thereof:That no other person or persons than the undersigned are
entitled to share in the distribution of the said award.
That the undersigned acquired title to the said tract of
land by deed from W. C. Long. widower,
�'-- --2--.
dated
April 11th
1921, and recorded in the Clerk's Office of this Court in
D. B. 119 at Page
472 •
---
Wherefore, your undersigned prays that
she
be made
a party herein, under the provisions of Section 21 of the Public Park Condemnation Act, and that an order be entered for the
distribution of .said sum set forth in said judgment in rem as
constituting the award for the fee simple estate in the said
tract condemned as aforesaid, and for the payment to the undersigned of the said award, or of as much thereof as the Colirt
may find that the undersigned is entitled to receive, which the
undersigned avers is as follows:
Tract No .
164
$ 388.00
A
State of Virginia
_________ ___________
county of Rockingham , to-wit:
I
.......;
Ida H, Phelps
, the person whose
name is signed to the foregoing petition, having been first
duly sworn, on
her
oath deposes and as,ys that the facts
given in said petition are true and correct, to the best of
.h:erknowledge and belief.
Given under
my
hand this 21st
day of
December
19~.
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Source
A related resource from which the described resource is derived
Naylor, Cassie - Shifflett, Ahaz
Identifier
An unambiguous reference to the resource within a given context
phelps-ida.pdf
Title
A name given to the resource
Phelps, Ida
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Gap Run
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): 164
Format
The file format, physical medium, or dimensions of the resource
PDF
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Phelps
-
https://omeka.lib.jmu.edu/erp/files/original/d6f5e855c94df88e8981cd10267c2d95.pdf
68cfa22ef955430e92a44b9efffcd18a
PDF Text
Text
uvUH.1..1 1..
NAME OF CLAIMANT
e~tie -,
~-' ...rs .
o ,e 11 ,
Number of Acres:
1->l/S
Location:
__;j~ldor .
Roads:
; le, of f:.....ir dL t ro~d to s.,ots.1ot)l1 .'rai 1 ne'.lr ..., 1ift
,.., )
...1 • , t'1 ;;nee f:J'lr nil es to .:lkto 'l .
Soil:
1
0 ,.:.1 ..~nd fertile sn.ncl.
:;:~lu '..12.t)·1· ..: O,r.; 1 1 s
:i th sonfi surf~._c;c .··oe;k in th
: .o~d ; .:j~tle slops ,i1·1 nort: ,est
c~· y
,"'1
History of Tract and condition of timber: ! ot t oi' :'1e tr~ct .ru.s cl.3s.rc: - ny
_, JI'-' ;s Oil9 -er,.,
1' c·1J.+i_v~tcd si1ce .
::::';.;.,_,3,'
Je . . rs ~_o,
.!l i te _pine ~.rl''
of
consicts
sto...1
.-ii 1 )O 1 Lt. '''1e r .s0
. 10 cords of
r
,
'b
ti
of
.
ft
o . . :,;: . _:sti'1c..ted tJ cut .'23~'·.:
.:'uel,ood •
'"' °·
:::'ru·:3, lu·'.:3.Jt , ....._"'i.tion ft··3:i·S', po"'e'1 :-:.1'2', 1et,
Improvements: •J.:elli!1,~:
fL.w ', 1; .:to ... _, , coiled, : . . . i:;_ 00 1diti0, , ocv..1 .. i~--1Jriek
ro~ ·,
l~xl2' .
cell~r
n·,
1.Jy J
, ::_) ..... )er roo , i'.ir ·ot itiin .
8x1Gx8'
:
:.01s3
~,
r..J.. ,0 , ~7X4..J):<j' , :t,i r vO.,_..,,, i ~ i.6n .
x-33::7', r,u __1'r ro,)" , ."c.ir coJr'i"'.:;ion .
_·r- .. e, 6xl0x6' , ~. ,r ~, J' , Joor ; 1,~ ' i·io:r1.
-----~ro,der
,
.i.: 1
, .., ..., :
0403 :
.0.1.:.J ;
_,.31
l6x30 1 , .~ IoonJ, _porcL -'...,._2(.' , m.:;~l roo",
.o's~:
Jtor~ , u i l 1, :\..-.. i1 coi1 ~i 1.r") 1, oceupi3d
l~"'_ .cic~< .21: ~I,
1-.J :cr..l
1
_'r...... u, 3Cx40xlt.h' , purt .et ..... l roof .
.~r.1 :
-------l,3:;_30 z 13', fr .-"1,, met tl ::;_,oo f, f~i r concii.t i JP .
_r,- e , llxl5:x:8 1 , ____1er roof', ~--c...ir co1Li·';i n .
~r..... "19, '3xl3z8' , s'i.i,.tle roo~' , f~i:r· co'1'i-':io!> .
n.t s~ore) -r-·t:,, l 'xl,j:,::l(', 3hin· , ro ;: ,
·10"1s3 :
u.r~~ e :
Gr
.....1-:"-" ;
; JIJ~
fvir
Acreage and value of types :
Types
Value per acre
Acreage
Total Value
Ridge:
,,9 . 00
Slope:
Cove:
Grazing Land:
Fields Restocking:
Cultivated Land:
12
Orchard:
Minerals:
Value of Land : $ GC9 • \ Cl
Value of Improvements: $
23
O. 00
Value of Orchard: $
100 . 00
.,,2989 . JO
i:;o . JO
·.r~O?CJ . 00
Value of Minerals : $
Value of Fruit: $ 100 . 0
Value of Timber: $
Value of Wood: $
Value per acre for tract: $ ...! 33 .12
Incidental damages arising from the taking of this tract: $ .;:-::::-~ ~$'
'i'-/
�Claim of . ( ~ - ~
In the Circuit Court of_ __~ ~ ~ C o u n t y , Virginia, No._Z:.f_Ji_'t, At Law.
The State Commission on Conservatio?and Development of the State of Virginia, PetiL - ~ -------------------------------------------
tioner, v s . _ - 4 - ~ - ~ - * " - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - _____________ Ji_".Z_ _ _n_; ________ ~ ----------------------------------------------more or less, of land in ____ k-~~~---County, Virginia, Defendants.
The undersigned, in answer to th;-~titi6;;:~th~-State Commission on Conservation and Development of the State of Virginia, and in response to the notice of condemnation awarded
upon the filing of said petition and published in accordance with the order of the Circuit
Cow.tA of_ __
County, Virginia, asks leave of the Court to file this
as rI:tt§'-answ;;-f;-s-~~f i,Kiti~"n. and to said notice.
a~~-
My name is_(}1:kY)._ ___tJ~_Z,_, __ f>~----------------------------My post office address is _______ L~--,r--~----------------------------I claim a right, title, estate or interest in a tract or parcel of land within the area sought
to be condemned, containing about_ ____ j_b{_________ acres, on which there are the following
buildings and improvements:_}_ _ ------~ - ~ - - ~ ~ - ~
-- -
--
---
-- - -- ----- -
--
.
-
- -
--- -
--~7~~-~~
~r~L~-~~~------
J-. _____
This land is located about_ ____
miles from __ ~ - - - - - - - - - - - - - -Virginia, in
t h e _ ~ a g i s t e r i a l District of said County.
I claim the following right, title, estate or interest in the tract or parcel of land described above: (In this space claimant should say whether he is sole owner or joint owner,
and if joint owner give names of the joint owners. If claimant is not sole or joint owner,
he should set out exactly what right, title, estate or interest he has in or to the tract or
parcel of land described above.)
d - ~ ~ ~~ -----------------------------------------------------The land owners adjacent to the above des~ribed tract ~r parcel of land are as follows:
North_~-A.. -~ - - __
7 _j.J;_p_~Lea_ ___________ ___________ _
:L~
South~---~4-
~~:t_~_fiA,_~~------------------------------------- .
I acquired my right, title, estate or interest to this property about the yearb...1-~U.Lin the
following manner:
~__;_:;_A--~~7·---~-1_4__ L d _ ~ ~
-~-1~~-~/4-~~---------
- ~ =7
I claim that the{o'tal value of this tract or parcel of land with the improvements thereon is $~....a__p_q,--L~------· I claim ,that the total value of my right, title, estate or interest,
in and to t h i s ~~ d with the improvements thereon is $-~_a_p-9_~-9_______ •
I am the owner of_ ____ ~ ______ acres of land adjoining the above described tract or
parcel of land but lying outside the Park are a, which I claim will be damaged by the pro-
posed condemnation of lands within the Park area, to the extent of $---4------------·
(In the space below should be set out any additional statements or information as to
this claim which claimant desires to make; and if practicable he should also insert here a
description of the tract or parcel of land by metes and bounds).
A ~-~
-~ - ~ - ~ ~ ~
Remarks: __ J)_ __,.f__~
- ~~ -~1.:f:~-~ ~~--f&-,-- ;::::=_Y-,M~-~
--e
~~~-~~-~~--~-4-~
,,
rr,
~ ~ -~~-31;__(,Cp_; _ _[h~~fi:~~~o/!2~ ~ - 7 J ~ 4J1:r..h..~ff~~fi~ (Continue re~~~ecessaryon~
~ ·
=-
Witness my signature (or my name and mark attached hereto) t h ~____ day
: ! ! ;~~;~~;:,1~t~NTY OF_k__8~~~~~~-:;,;~-------------""
c.,'
~ ;i:
Q" en
::: ~
~
c=;
The undersigned hereby certifies that_.'hu.d._~__'l_jJ~----------the above named claimant personally appeared before him and made oath that the matters
and things appearing in ha above answer are true to the best of ~knowledge and belief,
,_
£7' I
,a
this _______,2 __________ day of ____ x,k __~ - , 193pd
...
~
h.,_ @______ _
z.f!/2
Clerk of the Cour~ Special Investigator or
Notary Public, or Justice of the Peace.
�Claim of_ ____ A. _E. Wy;int. Juqgmen t _ere di tor _of Bettie _E. _l.'.Pwell ________ _
In the Circuit Court of_ __ lt.9_Q.lg._r]g_h_::;_J'J.}___________ County, Virginia, No.L'i._~1_, At Law.
The State Commission on Conservation and Development of the State of Virginia, Petitioner, vs. __Qa.sJ3_an..dl.'a._~:t.kin.s__a..n.d._.P_t..h~.J:s ________________________________________ _
·
Rockin 00 ham
count y, v·1rg1ma,
· · · D ef end ant s.
more or 1ess, of 1an d m------------~-------------The undersigned, in answer to the petition of the State Commission on Conservation and Development of the State of Virginia, and in response to the notice of condemnation awarded
upon the filing of said petition and published in accordance with the order of the Circuit
Court of_ __ij.9_Q.4j._ngh._~rg__________ County, Virginia, asks leave of the Court to file this
as his answer to said petition and to said notice.
My name 1s
. ________
. _A. ___
Ji: ._v_yan
M
t ----------------------------------- ________ _
My post office address is _____~~l_cl,Q;t'-l-_yj._r_:_gj._nili______________________________ _
I claim a right, title, estate or interest in a tract or parcel of land within the area sought
to be condemned, containing about_ ____li.a._20-Il ____ acres, on which there are the following
buildings and improvements :__Dw..elllng___hmis4_s..t_or..a.._builrl. ing s and __o-1.1..t_ _____ _
__ b.ui.ldings -----------------------------------------------------------------------· 1ocat ed a bout ____________ m1·1es f rom ___________
at Bel do___
r ._______________ v·1rgmia,
·· m
·
· 1an d 1s
Tl11s
Stonewall
Mag1s
· t er1a
· 1 n·1st r1c
· t of sa1.d County.
th e________________
I claim the following right, title, estate or interest in the tract or parcel of land described above: (In this space claimant should say whether he is sole owner or joint owner,
and if joint owner give names of the joint owners. If claimant is not sole or joint owner,
he should set out exactly what right, title, estate or interest he has in or to the tract or
parcel of land described above.) A judgment creditor of Bettie E. Powell,
by virtue of Judgment, dated February 9, 1931, duly docketed in the Clerk's
-------- - - - -------------------------- - ------·-- -------------------- ---------------------Office of RibaJcingham County, February_ CJ, 1931, in the sum of $232 .00 with
interest from--January-w;--~S-:t;--a"lld--:teY7'0--attorrrey+s--r-ee-.-------------------------------
The land owners adjacent to the above described tract or parcel of land are as follo,w s:
North __ ______ _________ __ _________________ ____________________ __ _______ ___________ __
South __ _________ __ ___ __ __ ______ ____ ___ ________ _________ ___ _____ ______ __ ___ _______ __
East ______________________________________________________________________________ _
West ______________________________________________________________________________ _
I acquired my right, title, estate or interest to this property about the year _1_~~1. ___ in the
following manner:
-~J-~-~-~~~-~~~~-~-i_~?-~9~-~~~--~_?_"._ _~~!_--~~-J!.~~-e__J.:./__,__ ~!~-~-~~--~~~!-~~~------Off ice of Rockingham County, Virginia.
------------------------------------------------~--------------------------------------I claim that the total value of this tract or parcel of land with the improvements thereon is $----------------· I claim that the total value of my right, title, estate or interest,
in and to this tract or parcel of land with the improvements thereon is $----------- --- --·
I am the owner of_ __ _____ ________ acres of land adjoining the above described tract or
parcel of land but lying outside the Park area, which I claim will be damaged by the proposed condemnation of lands within the Park area, to the extent of $------------------·
(In the space below should be set out any additional statements or information as to
this claim which claimant desires to make; and if practicable he should also insert here a
description of the tract or parcel of land by metes and bounds).
Remarks: __________ ___ ____ __ ___ _____ ________ __________ _____ _____ __________________ _
-------------=-------------------------------- (Continue remarks if necessary on the back).
oL!'~~::r;~,:~~at1~
my name and
:::~-:~-~~~~~~~~~~~~:~
STATE OF VIRGINIA, COUNTY OF___l&oc.king.ham. ___________ , To-wit:
The undersigned hereby certifies that_ __ ~-!.-~!.- ~7X~!_l.-~----------------- --- --------- the above named claimant personally appeared before him and made oath that the matters
and things appearing in his above answer are true to the best of his knowledge and belief,
this____!§____________ day
~-/"./'.' & ~,________
ofJ'.~!>_:i:= Y, __!'?_~}
~
-ete:rk of th:e=Oeur~~cmnXivsst:i.~
- M'tita:r~ic, @=iftt~tice of the Pcaee.
Comniiss ioner in Cha ncery for the
Circuit Court of Rock ingham County, Virg inia
�county: Rockingh am
Distric t: Stone~a ll
#149 - Powell, Bettie E.
Iioreage Claimed :
Value Claimed :
.1..-0oat1on:
1.Ssessed 60 P.
14
, eooo.oo
" • 150.00
Deed 13-. 1/8 ~ • ( 1896 )
~1.00 ---
Beldor •
Incumbr ances, counter claims or laps:
Nr1ne k nown.
Soil:
Deep and fertile sandy clay with some surface rock 1~ the
:field along Powell ' Gap road; gentle slopes with northwe t
exposurt ;.
Roads:
T•,vo miles of f.1ir dirt road to .~potswoo d : r a il near ::w1tt
Run; thence four miles t o J lkton.
History of traot ond oonditlo n of timber: . ost of the tract was cleared
many years ago, grazed and cultivat ed since. There is one acre
in ood land. The present stand consists of white pine and
oak. ~sti!ltlte to cut 2500 bd . ft. of timber valued . ~4.00- ~10.0(
lo cords of fuel ood valued ,_ 50¢ per oord ----- ... ---5.,oc
Total --- , 1~.oc
Improvem ents: DNelling : :'r ame l4x25', e.ddi i on 8x25x8• , porch 8xl2', metal
roof, brick flues, 1 , story, oe1led, fair conditio n, occupied
by o,ner , doll cellar l 3xl2', ----~360.00
~ood: house: 8xlox8', pa per roof, fair conditio n 30.00
llen house: F'r- me 27x45x9 ' , fair conditio n ?b.00
Brooder house: 8x58x7' , paper r Jof, f : 1r conditio n125.00
ilon house:lr ame 6xl0x6' , paper foof, poor
''
- _
5. , 0
Store House: l6x30', 2 rooms, porch 6x26', metal roof,
brick flues, l' story, ce1led, f a ir conditio n, occupied
by owner, ----&00.00
Unfinish ed barn: Fr ame 30x40xl 4', part metal roof·,
200.00
,fill house: l6X30xl 2', frame, metal roof, fair c ondi ti on-----
325.00
Garage: Frame llxl6x8 ', paper roof, fair oond1t1o n •
Grr-rnary;: Frame 8xl3x8', shingle roof, fair
"
3b.OO
-
30.00
Wood houee: (At store) .:i'rame 12:x:ltixl O', shi ngle roof,
fair conditio n -Orchard : 42 apple trees valued
yalue of land by tyRes:
~
Slope
Fe
oreage
1
12
-rs
Value
Q
~er acre
~5. 00
50.00
$2 .00 per tree ---
25.00
~1744.00
Total
Value
$0 .00
600.00
~60~.oo
84.00
�Cou nty: ·- oak ingh am
Dis tric t: Sto ne, all
£14 9 - Pow ell 1 Bet tie E.
Con t'd
Tot al val ue of lan d
't-605 .00
Tot al valu e of i mprovemen ts l74 4. 00
Tot al val ue of tim ber
Tot al vo. lu.e of tra ct
Ave rag e va lue per acr e
16 . 00
$23 64 . 00
181 . 84
'f
�r
County:
District:
Rockingham
Stonewall
#149 - Powell , 3ettie E .
', • P . Shifflett
Herring
LEGEHD :
Slope
Scale - ln
Tillable
chains
= 20
517
�VIRGINIA: IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY
THE STATE COMMISSION ON CONSERVATION .AND DEVELOPMENT OF
THE STATE OF VIRGINIA, PETITIONER
v.
CASSANDRA LAWSON ATKINS .AND OTHERS AND FIFIT-TWO THOUSAND, FIVE
HUNDRED AND SIXTY-ONE (52,561) ACRES OF LAND, MORE OR LESS, DEFENDANTS
ORDER
This day came the Petitioner by counsel, and exhibited to the
Court, the record of the above styled proceeding, and advised the Court
that Petitioner, under authority of Section 22 of the Public Park Condemnation Act, had decided not to acquire that tract of land lying within the
area described in the petition herein, and shown and delineated on the
County Ownership Map filed with the report of the Board of Appraisal Commissioners appointed herein an:1 bearing the number 149 on said map, in which
tract the said report of the said Board of Appraisal Commissioners discloses
th.at the said Bettie E. Powell owns or claims the fee simple estate, an:1 that
A. E. Wyant claimed an interest in the proceeds from the proposed condemnation
thereof on account of a judgment lien, and that Edward Herring claimed an
interest in the proceeds from the proposed condemnation thereof urder the
terms of a certain deed of trust, and moved for an order of dismissal of
this proceeding as to said tract of land.
Upon considerati on whereof, and upon the application of said
Petitioner, and it appearing that the said Bettie E. Powell, and the said
A. E. Wyant and Edward Herring have consented tore entry of this order as
evidenceAby their endorsement on the back hereof, it is accordingly
adjudged and ordered that said motion to dismiss be granted, and that this
�proceeding be, and the same is hereby dismissed as to said tract of
land numbered 149 as shown and delineated on the said County Ownership
Map.
It is further ordered that the costs as authorized by law
shall be taxed against the Petitipner.
(JIJ»:(J ~
JUDGE OF THE CIRCUIT COURT OF
ROCKINGHAM COUNTY
�STATE COMMISSIO N
ON
WILLIAM E. CARSON, CHAIRMAN, RIVERTON
COLEMAN W\:)RTHAM, VICE CHAIRMAN, RICHMOND
JUNIUS P. FISHBURN, ROANOKE
E . GRIFFITH DODSON , NORFOLK
RUFUS G . ROBERTS, CULPEPER
THOMAS L. FARRAR, CHARLOTTESVILLE
LEE LONG, DANTE
R . A. GILLIAM
EXECUTIVE SECRETARY AND TREASURER
CONSERVA TION
AND
b'EVELOPM ENT
BUREAUS OF THE COMMISSION
RICHMOND, VA.
GEOLOGICAL SURVEY
WATER RESOURCES AND POWER
FOREST SERVICE
PARKS AND LANDSCAPE ENGINEERING
ARCHAEOLOGY AND HISTORY
STATE PUBLICITY
Shenandoah National Park
Division
S . H . MARSH, SUPERVISOR
ADDRESS YOUR REPLY TO
FRONT ROYAL, VA.
PHONE BA, FRONT ROYAL
ROCKINGHAM COUNTY
#149 - POWELL, BETTIE ·E.
October 17, 1953
Haas and Haas
Attorneys-at-La w
Harrisonburg, Virginia
Gentlemen:
Reference is made to your letter of October 12.
Enclosed find order endorsed by counsel for the State Commission
on Conservation and Development requested in your letter.
Very truly yours,
/)~-7}}~
S. H. Marsh
/J.
Enclosure
P.S. I am e r:closing a carbon copy of the order, and will appreciate
it if you will also have the copy endorsed and return to us for our
files
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Source
A related resource from which the described resource is derived
Naylor, Cassie - Shifflett, Ahaz
Identifier
An unambiguous reference to the resource within a given context
powell-bettie-e-mrs.pdf
Title
A name given to the resource
Powell, Bettie E.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Beldor
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): 149
Format
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PDF
Rights
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This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Powell