1
20
5
-
https://omeka.lib.jmu.edu/erp/files/original/5f5960e11fb89f062b8356d1cac65a5b.pdf
a43f9e2e2bc0694c2a8992c4d5e1daa6
PDF Text
Text
Rappahannock County
NAME OF CLAIMANT
Kelly , Dr. J. m
#59-1
—
Number of Acres : 156
Location :
Overall Heirs.
On the drains of Piney River about one mile east of
31k V«/ac, 1 low Gap
It is eight miles of unimproved dirt road to the Lee
Highway ; thence seventeen miles to Luray , the nearest
o
Roads :
.
Lap on J. C
.
*
shipping point.
Soil :
Sandy clay loam of slightly less than average fertility
for mountain soil in this locality
.
History of Tract and condition of timber'
:
All of the merohantalle saw timber and
tan bark was removed about 30 years ago. Part of the
remaining timber growth was later deadened and the land
used for grazing
Some of the land so treated is now
covered with fairly good sod. There is no merchantable
ti -ber of any kind on the tract at present.
.
Improvements :
Hone.
Acreage and value of types :
Types
Acreage
Value per acre
Total Value
Ridge :
Slope :
r
108
25
v-243.00
28
13.00
364.00
$607.00
<
Cove :
Grazing Land :
Fields Restocking :
Cultivated Land :
Orchard :
Minerals :
Value of Land : $ 607.00
Value of Improvements : $
Value of Orchard : $
Value of Minerals : $
Value of Fruit : $
Value of Timber : $
Value of Wood : $
Value per acre for tract : $ 4 . 4 5
Incidental damages arising from the taking of this tract : S ^Hone .
&f
As
.
CLERK
�I
County: Rappahannock
Dist ri ct: PIedraont
/59
.
-1
X
Acroa/.e Claimed ;
Value Claimed:
J. T. Kelly
— Dr.lap
on
J. 0. verull* s Heirs.
1460
Assessed:
Deed:
|
33,000
Assessed:
Deed:
Area:
Location:
.
136 Acres
On the drains of Piney River about one mile east of
31k allow Gap
.
Incumbrances, counter claims or laps;
This is th t part of the
land ol i ad by Dr J T Kelly which lies within that
portion of the overall Purvey known as share #3 and which
was assigned to Julia c overall
...
.
.
Soil:
Sandy clay loam of slightly less than average fertility
for mountain soil in this locality
Roads:
It is eight miles of unimproved dirt road to the Lee
Highway; thence seventeen miles to Luray, the nearest
shipping point
.
.
History
of tr ct and condition of timber:
All of the merchantable
saw timber uni tan bark was removed about 30 years ago
Part of the remaining timber growth was later deadened and
the land used for grazing, ooiae of the land so treated
is now covered with fairly good sod
Thore is no
mercnantable timber of any kind on the tract at present
.
.
improvements:
Yalue of land
.
None
b
ty
as:
Value
Type
Acreage
per
lG8
V
Slope
Fg
Fr
Total value of land
Total value of tract
Average value per acre
X
—
.
26
2
136
Total
acre
Value
£316.00
3.00
15.00
390.00
6.00
.
3 00
613.00
618.00
|
4.50
- - - .
This includes area of tract /59 and laps /59 11 111 IV
�
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
Rappahannock County SNP Records: Court Proceedings
Description
An account of the resource
The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock County, Virginia. This was a court case initiated by the state of Virginia in order to acquire privately held land located within the boundary of Rappahannock County in the northern Blue Ridge Mountains. Within the boundaries of eight counties, the state of Virginia, in collaboration with the Federal government, used eminent domain 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 to create the Shenandoah National Park. The documents in this collection are the legal proceedings for each individual tract of land that made up the one court case. In most cases, the individual case files consist of property surveys, assessments for the value of the land and improvements, and claims by the owner of the property.
Creator
An entity primarily responsible for making the resource
Rappahannock County Circuit Courthouse
Publisher
An entity responsible for making the resource available
JMU Libraries
Date
A point or period of time associated with an event in the lifecycle of the resource
Bulk of the collection dates 1930 to 1934
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/.
Title
A name given to the resource
Kelly, Dr. JT
Description
An account of the resource
<p><strong>Tract: </strong>59 - I; </p><p><strong>Location: </strong>East side of Hogback Mountain near head of Little Devil Stairs Run; </p><p><strong>Cost/Acre: </strong>$1.00; </p><p><strong>Estimate Value: </strong>$8.00; </p><p><strong>Number of Acres: </strong>8.0; </p><p><strong>Monies Awarded: </strong>$8.00</p>
Source
A related resource from which the described resource is derived
Rappahannock County Circuit Courthouse
Publisher
An entity responsible for making the resource available
JMU Libraries
Rights
Information about rights held in and over the resource
<a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a>
Format
The file format, physical medium, or dimensions of the resource
PDF
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 59 - I
Identifier
An unambiguous reference to the resource within a given context
kelly-dr-jt-tract-59-i
Booth
Iles
Kelly
Miller
Roy
Settle
-
https://omeka.lib.jmu.edu/erp/files/original/85948778363e9b68f3871408b1e71a34.pdf
873911fd274460d69bf3062fae8d8498
PDF Text
Text
Rappahannock County
Wakefield District
NAME OF CLAIMANT
#48
70
Number of Acres:
-
Miller, C.B.
Harris Hollow about 4 miles to Washington, Va • > and 23
miles to Front Royal, the nearest shipping point
Location :
.
.
A fair county road extends to within one mile of this tract
From the county road it is one mile over steep unimproved road
to the orchard
Roads:
.
Sandy loam of good depth and fertility, with loose rock
scattered over the tract
Slopes steep with southwest exposure
Soil:
.
.
History of Tract and condition of timber:
The bark was removed about thirty years
ago and the other timber has been cut over at various times
About 31 acres
has an open stand of poplar,hickory and red oak
Repeated fires have
done
.
.
.
much damage
.
Improvements:
None
Acreage and value of types :
Total Value
Value per acre
Acreage
Types
Slope:
52
@
$3.00
$156.00
Cove :
2
@
4.00
8.00
Grazing Land :
2
@
10.00
20.00
184.00
14
@
75.00
1050.00
Cultivated Land :
Orchard :
Minerals:
Value of Land : $
184.00
Value of Improvements: $
1050.00
Value of Orchard : $
Value of Minerals: $
Value of Timber : $
84.00
~"
Value of Wood : $
Value per acre for tract: $
84.00
$T318700
18.83
Incidental damages arising from the taking of this tract: $
NONE
0 LERK
�&. d .
Claim of .
In the Circuit Court of
County, Virginia, NO.
, At Law.
The State Commission on Con n&tiom and Development of the State of Virginia, Petitioner, vs.
r_
_ A1 _
^
_
—
^
^
_
more or less, of land in L/ I- 2yL/l<£f* County, Virginia, Defendants.
The undersigned , in answer to the petition of the State Commission on Conservation and Development of jfchsi State of Virginia, and in response to the notice of condemnation awarded
upon the filfimoj) said petition and published in accordance with the order of the Circuit
Court of
County, Virginia, asks leave of the Court to file this
7 cl - 2
as his answer to said petition and to said notice.
^
My name is
'
.
My Post Office Address is
I claim a right, title, estate or interest in a tract o arcel of land within the area sought
to be condemned , containing about
acres, on which there are the following
buildings and improvements :
^
\
p
L
fP
\
— ^^ ^
____ _£ _ __ _ /
^
^ ut
^^.
^
7
r
7o
This land is located about
l
miles from _ _<=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 ) .
^
<
The land owners adjacent to the above described tract or parcel of , land
North
^
South
/r
/
/(
East
arenas follows :
v
i.
S I
1
__
West _
^
I acquired my right, title, estate or interest to this property about the year _/
'
following manner:
y
*
^
_? —
in the
j
I claim that the total value of this tract or parcel of land with the improvements thereon is § -. JLJ2-fVJ-3_CLsz- . I claim that the total value of my right, title, estate or interest,
OO
_£L .
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 tracer parcel of land by metes and bounds ) .
Remarks : _
/21.
~
_
—
CJ/UL OL
_ $ /12_ 3_ $A
>
„
-r i
si
_
_
_
.
fixxx
-
_
/] O
1—:
1
( Continue remarks if necessary on the back )
Wijajess my signature ( or my name and markj ttachg hereto ) this^ _ £?
^
of — ^4
, 1930.
S'
OF VIRGINIA, COUNTY
To-wit :
^
^
_
.
day
-
The undersigned hereby certifies that
the above named claimant personally appeared be’fore h >m and made oath that the matters
and things appearing in his / abjwe answer are true to the best of his knowledge and belief ,
this
day of
^
_
2
t
duzzzn
J
*
Jourt, -SpeeiaI--IttTestig*
op
er
-dustice -of -fehe-Peaee.'
tTr
'
�COUNTY: RAPPAHANNOCK
DISTRICT * WAKEFIELD
#48
Acreage
-
Miller , C , B ,
Claimed:
..
Value Claimed:
, and
Harris Hollow about four miles to Washington , Va
point
g
23 miles to Front Royal the nearest shippin
location:
,
Incumbrances * counter claims or
.
None known
laps }
.
,
with loose rook
Slopes steep with southwest
Soil:
Sandy loam of good depth and fertility
Roads:
this
A fair county road extends to within one mile of steep
over
mile
one
is
it
county
road
the
tract From
unimproved road to the orchard
scattered over the tract
exposure,
.
.
conditi' on of tirber: The bark was removed about
thirty years ago , and the other timber has been cut over
an open
at various times About thirty one acres has d
Repeate fires have
stand of poplar , hickory and red oak
done much damage
Improvements : There is an orchard of 14 acres , containing about 426
n Badly
trees 20 to 25 years old , in very poor conditio
It was
damaged by stock eating off the lower branches
burned over this year to clean off the bush end briars
The upper part is very steep
trees
There is a fair stand of timber on this tract5with
Timber:
and
M
oak
Mj
Red
9
Hickory
;
M
13
;
Poplar
20" D B H
chestnut oak 1 M
History of Trapt and
.
.
.
,
.
Aoreage
and value by types:
Types :
Sove
2
3.00
10.00
52
2
Slope
Grazing
—w
60.00
14
Orchard
Value of land
Orchard
Timber 28 M at §3
.
Value per acre
Note:
Value
Per acre
47O§
Acreage
.
.
,
Total
Value
Off
156.00
20.00
840.00
§184.00
M
840.00
84.00
§1108.06
§15.83
.
.
Mr Cather * s estimate is 10 A @ 90
difference of §60.00 for the orchard
§900.00 making a
.
�Coutrcy: Rappahannock
District: Wakefield
#48 Miller, C.B.
-
Miller Heirs
B.P.Miller
M
LEGEND:
Cove m
Orchard
Slope
Ridge
Scale
Grazing Land
Tillable Land
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
Rappahannock County SNP Records: Court Proceedings
Description
An account of the resource
The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock County, Virginia. This was a court case initiated by the state of Virginia in order to acquire privately held land located within the boundary of Rappahannock County in the northern Blue Ridge Mountains. Within the boundaries of eight counties, the state of Virginia, in collaboration with the Federal government, used eminent domain 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 to create the Shenandoah National Park. The documents in this collection are the legal proceedings for each individual tract of land that made up the one court case. In most cases, the individual case files consist of property surveys, assessments for the value of the land and improvements, and claims by the owner of the property.
Creator
An entity primarily responsible for making the resource
Rappahannock County Circuit Courthouse
Publisher
An entity responsible for making the resource available
JMU Libraries
Date
A point or period of time associated with an event in the lifecycle of the resource
Bulk of the collection dates 1930 to 1934
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/.
Title
A name given to the resource
Miller, CB
Description
An account of the resource
<p><strong>Tract: </strong>48; </p><p><strong>Location: </strong>Harris Hollow on south side of the Peak; </p><p><strong>Cost/Acre: </strong>$8.12; </p><p><strong>Estimate Value: </strong>$772.09; </p><p><strong>Number of Acres: </strong>95.0; </p><p><strong>Monies Awarded: </strong>$772.00</p>
Source
A related resource from which the described resource is derived
Rappahannock County Circuit Courthouse
Publisher
An entity responsible for making the resource available
JMU Libraries
Rights
Information about rights held in and over the resource
<a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a>
Format
The file format, physical medium, or dimensions of the resource
PDF
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 48
Identifier
An unambiguous reference to the resource within a given context
miller-cb-tract-48
Booth
Miller
-
https://omeka.lib.jmu.edu/erp/files/original/cf163194b1cfcdcbbe35d1e1a6ab1505.pdf
7556a50c96158a0bc5ecb420fad3c431
PDF Text
Text
RAPPAHANNOCK COUNTY
NAME OF CLAIMANT
-
#54 11
Number of Acres : g
Location :
J -Estate
- MillerLap, Jnoon.Robt
E. Manuel
,
,
.
On Devil Stairs
Roads :
A fair dirt road extends from this tract to Washington, the
County Seat, a distance of approximately six miles #
Soil :
.
Clay loam with rocky surface
History of Tract and condition of timber : This area has been completely cut over
for sawtimber and bark
The young growth is valued with the soil
No part of this area has ever been cultivated or planted to fruit or
.
.
grass•
Improvements :
.
None
Acreage and value of types :
Types
Acreage
Value per acre
Total Value
Ridge :
Slope :
2
@
$4.00
$8 . 0 0
Cove :
Grazing Land :
Fields Restocking :
Cultivated Land :
Orchard :
Minerals :
Value of Land : $ 8.00
Value of Improvements : $
Value of Orchard : $
Value of Minerals : $
Value of Fruit : $
Value of Timber : $
Value of Wood : $
Value per acre for tract : $
4.00
Incidental damages arising from the taking of this tract : $ None
L
CLERK
�w
County: Rappahannock
District: Hampton
- -
#54 11 John J , Miller Estate Lap
on
. Manuel
Robert E
Acreage Claimed:
Assessed:
Deed:
Value Claimed:
Assessed:
Deed:
Area: 2
Examined By:
V
Location:
.
On Devil Stairs Run
Incumbrances, counter claims or laps: This is an apparent lap of the
John J. Miller Estate tract on the Robert E Manuel
Tract
.
.
.
Soil:
Clay loam with rocky surface
Roads:
A fair dirt road extends from this tract to Wash
ing on, the County Seat, a distance of approximately
six mi es
-
.
-
This area has een com
History of tract and condition of timber:
pletely cut over for sawtimber and bark
The young
,
part
growth is valued with the soil
of this
No
area has ever been cultivated or planted to fruit or
grass
.
.
Acreage and value of land by types:
Type:
Acreage:
Slope
2
Value
Per acre
$4.00
Total value of land:
$8.00
Total value of tract:
#8.00
Average value per acre:
#4.00
Total
Value
$8.00
�
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
Rappahannock County SNP Records: Court Proceedings
Description
An account of the resource
The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock County, Virginia. This was a court case initiated by the state of Virginia in order to acquire privately held land located within the boundary of Rappahannock County in the northern Blue Ridge Mountains. Within the boundaries of eight counties, the state of Virginia, in collaboration with the Federal government, used eminent domain 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 to create the Shenandoah National Park. The documents in this collection are the legal proceedings for each individual tract of land that made up the one court case. In most cases, the individual case files consist of property surveys, assessments for the value of the land and improvements, and claims by the owner of the property.
Creator
An entity primarily responsible for making the resource
Rappahannock County Circuit Courthouse
Publisher
An entity responsible for making the resource available
JMU Libraries
Date
A point or period of time associated with an event in the lifecycle of the resource
Bulk of the collection dates 1930 to 1934
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/.
Title
A name given to the resource
Miller, JJ Estate
Description
An account of the resource
<p><strong>Tract: </strong>54 - II; </p><p><strong>Location: </strong>On Devil Stairs; </p><p><strong>Cost/Acre: </strong>$4.00; </p><p><strong>Estimate Value: </strong>$8.00; </p><p><strong>Number of Acres: </strong>2.0; </p><p><strong>Monies Awarded: </strong>$8.00</p>
Source
A related resource from which the described resource is derived
Rappahannock County Circuit Courthouse
Publisher
An entity responsible for making the resource available
JMU Libraries
Rights
Information about rights held in and over the resource
<a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a>
Format
The file format, physical medium, or dimensions of the resource
PDF
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 54 - II
Identifier
An unambiguous reference to the resource within a given context
miller-jj-estate-tract-54-ii
Booth
Miller
Settle
-
https://omeka.lib.jmu.edu/erp/files/original/19f4fc147eccde816090063e65694e7e.pdf
ef573a56c44bf4ad8fd06d5febdf65ff
PDF Text
Text
V
County:
.
Rappahannock
District: HAmpton
.-
—
#54-1
Estate
Miller, J • J
Lap on
Mary ^nn Roy Heirs, LCt/ er* /(J
X
Acreage
Claimed:
Value Claimed:
3590
Assessed: 3590
$103,856
Assessed: $6297.00
.rea:
Deed: 3590
-
Deed: Con
sideration not
available
104
.
.
ore8
On east side of Little Devil Stairs Run near top of the
Blue Ridge
Location:
.
counter claims or laps:
.land
olai ed by J. J.
Inoumbranoes
This is that part of the
Miller Estate which lies within
share #6 of the Overall Survey which was assigned to
.
Mary Ann Roy
.
Soil;
A portion of this tract is a steep rocky gorge
Roads:
This is the most accessible portion of the entire Miller
tract
It is not touched by any usuable wagon road
although old hauling roads reach several of the adjoining
tracts at lower elevations
It is seven miles over poor dirt roads to Lee High
way near Sperryville, from which point it is seventeen
miles to Luray, the nearest railroad station
.
.
-
.
History of
tract and condition 6t timber:
All of the accessible
chestnut oak timber on this area was removed about 30 40
years ago
The soil is so thin and rooky that timber of
other species do not reach merchantable
-
.
Improvements:
Value of land
.
.
None
byttypes:
Value
Type
per
Acreage
Slope
$2.00
104
Total value of land
$208.00
Total value of tract
$208.00
Average value per acre
X
—
acre
$2.00
.
Includes area of tract #54
•
P
Total
Value
$208.00
�RAPPAHANNOCK COUNTY
NAME OF CLAIMANT
-
# 54 1
. . Est .
Miller , J J
Roy Heirs )
Number of Acres : 104
Location :
( Lap on Mary Ann
On east side of Little Devil Stairs *hin and near top of
Blue Ridge
( See roads information below )
.
Roads :
—
Soil :
A portion of this tract is a steep rocky gorge
.
.
-
History of Tract and condition of timber : All of the accessible chestnut oak tim
ber on this area was removed about 30 40 years ago
The soil i s so thin
and rocky that timber of other species do not reach merchantable
.
-
Improvements :
None
.
.
This is the most accessible portion of the entire Miller
-is not touched by any useable wagon road although old
ROADS
It
tract
.
hauling roads
reach several of the adjoining tracts at lower elevations
I t i s seven miles over poor dirt roads to Lee Highway near Sperryville ,
from which point i t i s seventeen miles to Luray, the nearest railroad
.
station
Acreage and value of types :
Types
Acreage
Value per acre
Total Value
Ridge :
104
Slope :
@
#2.50
#260.00
Cove :
Grazing Land :
Fields Restocking :
Cultivated Land :
Orchard :
Minerals :
Value of Land : $
260.00
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 0
Incidental damages arising from the taking of this tract : $
NONE
J
CLERK
.
�1
-/
Ac
claim
County, Virginia, No.-14.9 , At Law.
In the Circuit Coun; of J?§G
The State Commission on Conservation and Development of the State of Virginia, PetiCli£to n AxlQX and DJthsJi s_,_ _an_d TMr _iiy .s_eY.eii _ TtioiiaarLd
tioner, vs
EQIHL Hundred. __1&37_ .4QH )__ £LQr£LS
*
more or less, of land in RapjoahannQQk
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 _ il8EP .&0?Lnp ck
County, Virginia, asks leave of the Court to file this
as his answer to saishpetition and to said notice.
My name is
-T
My Post Office Address
I claim a right, title, estate or interest in a tract or parcel of land witlffin the area sought
to be condemned, containing about
acres, on which there are the following
10.0.0
_J s C l L X
_
buildings and improvements: A
L
—_
_
_
__
_
_
_
-
_
^
“
__
'
(Os
This land is located
aifout
_-
- JcjfirOud
JL -
_
_
miles from
A
^
JUi
Virginia, in
rv/
theJ?lfc*vw -t5^ 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, es tate or interest he has in or to the tract or
parcel of land described above ) .
^
B
jLt
;.
The land owners adjacent to the above described tract or parcel of land are as follows :
North _ _£ A
_* £ _
South. /3_ Jr*
_
L
_
East
West
_
-
—-
/2 JA.
*A
j
_ _ £_3c£_ _in the
I acquired my right, title, estate or interest to this property about the year _ V
following manner :
cC
r
•
f
*
-
I claim that the total value of this tract or parcel of land with the improvements there
O o
'
on is § -rhQTM£Q - I7L .
I claim that the total value of my right, title, estate or interest,
m 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
parcej 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 :
—
"
of
Witness my signature ( or my name
, 1980.
_
Iw^
.
( Continue remarks if necessary on the back )
and mark at ched hereto ) tlys
day
v /_
_
^
To-wit :
lie .
The undersigned hereby certifies that
£.
*
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 ,
day of
, 193
this
'
-6Ieik of
iliti CdUi' l, ur 3p6cial
Notary Public, or Juoticc of thc-Peace.
1
Ac
.
/
�
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
Rappahannock County SNP Records: Court Proceedings
Description
An account of the resource
The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock County, Virginia. This was a court case initiated by the state of Virginia in order to acquire privately held land located within the boundary of Rappahannock County in the northern Blue Ridge Mountains. Within the boundaries of eight counties, the state of Virginia, in collaboration with the Federal government, used eminent domain 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 to create the Shenandoah National Park. The documents in this collection are the legal proceedings for each individual tract of land that made up the one court case. In most cases, the individual case files consist of property surveys, assessments for the value of the land and improvements, and claims by the owner of the property.
Creator
An entity primarily responsible for making the resource
Rappahannock County Circuit Courthouse
Publisher
An entity responsible for making the resource available
JMU Libraries
Date
A point or period of time associated with an event in the lifecycle of the resource
Bulk of the collection dates 1930 to 1934
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/.
Title
A name given to the resource
Miller, JJ Estate
Description
An account of the resource
<p><strong>Tract: </strong>54 - I; </p><p><strong>Location: </strong>East side of Little Devil Stairs Run near top of Blue Ridge; </p><p><strong>Cost/Acre: </strong>$4.03; </p><p><strong>Estimate Value: </strong>$14,276.00; </p><p><strong>Number of Acres: </strong>3,534.0; </p><p><strong>Monies Awarded: </strong>$22,349.00</p>
Source
A related resource from which the described resource is derived
Rappahannock County Circuit Courthouse
Publisher
An entity responsible for making the resource available
JMU Libraries
Rights
Information about rights held in and over the resource
<a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a>
Format
The file format, physical medium, or dimensions of the resource
PDF
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 54 - I
Identifier
An unambiguous reference to the resource within a given context
miller-jj-estate-tract-54-i
Booth
Grannis
Iles
Miller
Settle
-
https://omeka.lib.jmu.edu/erp/files/original/b5725f10035bac56b828b2f6fb8dc39a.pdf
8188dde87110196106a78531fe3cb01e
PDF Text
Text
i
Rappahannock County
Hampton District
NAME OF CLAIMANT
$* ~
..
Manuel, R E
Number of Acres:
Location :
Roads:
Soil:
History of Tract and condition of timber :
Improvements:
Acreage and value of types :
Acreage
Types
Value per acre
Total Value
Slope :
Cove :
Grazing Land:
Cultivated Land :
Orchard :
Minerals:
Value of Land : $
Value of Improvements: $
Value of Orchard : $
Value of Minerals: $
Value of Timber: $
Value of Wood: $
Value per acre for tract : $
Incidental damages arising from the taking of this tract : $
NONE
This is covered in the J. J. Miller estate report and is satisfactory
to Mr, Manuel
.
CLERK
�1
^
-
•T /
RAPPAHANNOCK COUNTY
NAME OF
^ ^ lies, Alfred B
.
Number of Acres:
Location: ~
Mining lease on 1000 acre tract •
Roads:
Soil:
History of Tract and condition of timber :
Improvements:
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 : $
Value of Improvements: $
Value of Orchard : $
Value of Minerals: $
Value of Fruit: $
Value of Timber: $
Value of Wood : $
There is no evidence before us as
We have given
to any potential value,
Mr, lies every opportunity to procure
some evidence of mineral value, but has
failed to do so
Geo, H Levi, Clerk
Appraisal Commfrs,
.
.
-
Value per acre for tract: $
Incidental damages arising from the taking of this tract: $ NO HE
CLERK
�RAPPAHANNOCK COUNTY
# 54
Number of Acres:
Location:
-
—
.
-
NAME OF
Miller , J . J
. -E s t
CLAIMANT
(
)
3534
( 330 reverse side for information on location )
l
Roads:
Soil:
ti
tt
!t
tf
It
It
1
»1
tt
tt
tt
1»
tt
tt
'
•t
tt
tt
•?
tt
.
tt
History of Tract and condition of timber:
limber:
Improvements:
t
None
Acreage and value of types:
-
Ridge:
Slope:
Value per acre
Acreage
Types
Cove:
682
@
.75
2791
56
@
2.50
@
5.00
6977.50
280.00
5
@
12.00
60.00
.
...
«
——
Total Value
Grazing Land :
Fields Restocking:
$511.50
$7829 •00
Cultivated Land :
Orchard :
Minerals:
Value of Land : $ 7829 00
•
Value of Improvements: $
Value of Orchard : $
Value of Minerals: $
Value of Fruit : $
Value of Timber: $
6447.00
6447.00
$14276.00
Value of Wood : $
Value per acre for tract: $
4.03
Incidental damages arising from the taking of this tract: $
Timber right claimed by Wm
. H.
NONE
Grannis
CLERK
�c
o
f;
T)
•
0»
�1
-/
Ac
claim
County, Virginia, No.-14.9 , At Law.
In the Circuit Coun; of J?§G
The State Commission on Conservation and Development of the State of Virginia, PetiCli£to n AxlQX and DJthsJi s_,_ _an_d TMr _iiy .s_eY.eii _ TtioiiaarLd
tioner, vs
EQIHL Hundred. __1&37_ .4QH )__ £LQr£LS
*
more or less, of land in RapjoahannQQk
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 _ il8EP .&0?Lnp ck
County, Virginia, asks leave of the Court to file this
as his answer to saishpetition and to said notice.
My name is
-T
My Post Office Address
I claim a right, title, estate or interest in a tract or parcel of land witlffin the area sought
to be condemned, containing about
acres, on which there are the following
10.0.0
_J s C l L X
_
buildings and improvements: A
L
—_
_
_
__
_
_
_
-
_
^
“
__
'
(Os
This land is located
aifout
_-
- JcjfirOud
JL -
_
_
miles from
A
^
JUi
Virginia, in
rv/
theJ?lfc*vw -t5^ 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, es tate or interest he has in or to the tract or
parcel of land described above ) .
^
B
jLt
;.
The land owners adjacent to the above described tract or parcel of land are as follows :
North _ _£ A
_* £ _
South. /3_ Jr*
_
L
_
East
West
_
-
—-
/2 JA.
*A
j
_ _ £_3c£_ _in the
I acquired my right, title, estate or interest to this property about the year _ V
following manner :
cC
r
•
f
*
-
I claim that the total value of this tract or parcel of land with the improvements there
O o
'
on is § -rhQTM£Q - I7L .
I claim that the total value of my right, title, estate or interest,
m 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
parcej 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 :
—
"
of
Witness my signature ( or my name
, 1980.
_
Iw^
.
( Continue remarks if necessary on the back )
and mark at ched hereto ) tlys
day
v /_
_
^
To-wit :
lie .
The undersigned hereby certifies that
£.
*
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 ,
day of
, 193
this
'
-6Ieik of
iliti CdUi' l, ur 3p6cial
Notary Public, or Juoticc of thc-Peace.
1
Ac
.
/
�Com
3
'
”
uw
#54
Acreage Claimed:1
-
Districts Wakefield
Hampton
..
J J Miller Estate
5690 A
J
By ownors survey 3690 A
3690 A
Assessed
f
s Rappahannock ^
*- r
$6297*00 Consideration! Not
*
VT
'
Value Claimed:
H
$103,866.00
Available
Location:
This tract lies along the top and on the high east
slopes of the Blue Ridge* It extends from a point
near Jenkins Gap on the north to the Little Devil s
Stairs Run on the south* a distunce of approximately
five lies It varies in width from 2 miles at the
mile at some points on the southern
north end to
part of the tract It is a part of a larger tract
*
the residue of which lies on the opposite side of the
All of the tract situated
mountain in Warren Camty
in either county is entirely within the Park area*
'
.
&
&
.
.
Incumbrances* counter claims and laps: A claim has been filed with
the lerk of the Court by Alfred B Ileer for $20*000
representing the value of a mineral lease on 1000
acres of this tract It is understood also* that R E*
Manuel purchased 60 acres of this traot on the west
side of Big Devil Stairs Run adjoining his other land
outside the Park area and says that he has no deed but
states that the J J Miller heirs have agreed to pay
and he has agreed to accept whatever may be awarded
as the price per acre for the J J Miller tract*
So far as known there are no disputed boundary lines
on any part of this tract*
.
^
.
.
..
..
Soil:
--
At the lower ele
The character of the soil varies*
vation it is a sandy loam of fair depth and fertility
with many rock outcroppings
There are some exten
sive areas* notabl,. those along the Devils Stairs and
Little Devil's Stairs Rune which are steep rocky gorges,
covered with loose rocks and boulders, The soil
along the top of the Blue Ridge is thin and rocky and
between this and the lower edge of the tract are many
gradations
The small area of cove type is accounted
for by the fact that this type does not extend up on
the mountains a sufficient distance*to reach this tract
at more than one point and then only to a limited ex
tent*
.
.
-
Roads:
Two old roods n a fairly niform grade* now only very
little used, cross the tract in a general north and
south direction*
The western most is the Gravel
Spring Road and the one on the east side of the tract
Both roads were used ex
is the Jenkins Gap Road *
tensively for hauling the bark from this tract to
Browntown about 30 years ago
More recently the
,
i
l
1B8ad
<
#? ? 05eii8 hgit
¥ '>
i
at the same point*
Numerous old haul roads may be
found throughout the tract, Lands of adjoining owners
must be crossed in most cases to reach county road in
order to haul timber products from this tract*
s
^.
?.
.
no SfiiU tSreRi^ a
*
^^
^
-
�V
Page two
—
#54
,Tistory of tract
- J.J.Miller Estate
and condition of timber;
This tract originally had
oh it a heavy stand of r hestnut oak tir .ber which was
out 30 to 40 years ago* Repeated forest fires have
interfered with the young timber growth which started
on the cut over areas, The present stand Is composed
of the tir.ber from which the chestnut oak was culled *
At the higher elevations where the percentage of chest
nut oak was large the stand is very light * At the low
er elevations the percentage of chestnut oak was lower
and the remaining stand is correspondingly heavier *
--
..
In 1922 the owner, the late J J Miller, s. ld the
remaining merchantable timber on this tract to H W *
Grannis It is understood that the consideration was
$10*00 per acre for all irorchuntable timber products
and tixat the timber rights expire May 3, 1932* Logging
operations were started at the east end of the tract
in some of the rsost accessible timber and conducted
lose than a year *
.
.
Some prospecting for copper ore has been done west
of Ihoroughfare Gap but no actual mining operations
have ever been undertaken* A 25 year mineral lease on
an area of 1000 acres was executed last year and it is
for the rights under this leuse that the lessee has
filed a claim of $20,000*
-
A careful estimate of the merchantable timber shows
a total stand of 2,965 M feet B K of aaw timber of
which 1,741 M feet are considered accessible and can
be operated without financial loss to the operator *
The proportion by species is Poplar and Basswood 40£,
White,Red and Black Oak 40% and Hickory and other
species 20%,
The accessible timber is appraised at
$2*90 per ii * feet on the stump *
The Inaccessible
has been assigned a nominal stunpage of $1* per M
Timber s
.
.
..
.
Acreage and
value of land by Types:
Acreagei
Value
Per A,
Slope
2716
Cove
Fields grazing
56
5
3459
2.00
5.00
Types:
- -gar—
Kiage
7F
*
12.00
—
$1*82
.
—
X
< 511.50
5432.00
2d0 00
60*00
*
56283.59
Average value per acre for land
Value of land $6283.00
n
1741 M *0
timber©
($2.90
5048.00
(1224 U O0l * 1224.00
w
mineral
n
tract
12659.00
Value per acre for tract
-- —
Total
Value
-.
Includes are of lap *54 1
$3*58
�Location:
This jract lies along the t p p a n a on the highw east slopes
of the Blue Ridge, it extends from a point near Jenkins
Gap on the north to the Little Devil Stairs Run on the south,
a distance of approximately live dies. It varies in width
from 2 miles at the north end to $ mile at some points on
the southern part of the tract , It is a part of a larger
tmict , the'residue of which lies on the opposite side of
the mountain in ,/arren County, ,kll of the tract situated
in either county is entirely within the Park area
.
^
.
Soil:
The character of the soil varies. At the lower elevation
it is a sandy loam of fair depth and fertility with many
rock outcroppings There are some extensive areas, notably
those along the .Devil Stairs and Little Devil Stairs Run
which are steep rocky gorges, covered with loose rocks and
boulders. The soil along the top of the 31ue Ridge is thin
and rocky and between this and the lower edge of the tract
are many gradations. The small area of cove type is accounted
for by the fact that this type does not extend up on the
aountains a sufficient distance to reach this traot at more
than one point and then only to a limited extent.
.
Roads:
Two old roads on a fairly uniform grade , now only very little
used, cross the tract in a general north and south direction.
The western most is the Gravel Spring Road and the one on the
east side of the tract is the Jenkins Gap Road
Both roads
were used extensively for hauling the bark from this tract
to Browntown about 30 years ago Kore recently the Jenkins
Gup road has been used to transport apples from the Julia
Settle orchard to the macadam road at the - le point
Numerous old haul roads nay be found throughout the tract
Lands of adjoining owners must be crossed in most cases to
reach county road in order to haul tiifiber products from this
tract.
.
.
'
.
.
History of tract and; condition of timber: This tract originally had
on
it a heavy stand of chestnut oak timber which war cut 30 to
Repeated forest fires have interfered with the
40 years ago
young timber growth which started on the cut over areas
The present stand is composed of the timber from which the
chestnut oak was culled
At the higher elevations where the
percentage of chestnut oak was large the stand is very light
.n.t the lower elevations the percentage of chestnut oak was
lower and the remaining staid is correspondingly heavier.
.
.
.
.
In 1922 the owner, the late J. J. Liller, sold the
remaining merchantable ti ber on this tract to ii. 7. Grannis
It is understood that the consideration was ’10,00 per acre
’
.
for all merchantable timber products end that the timber
rights expire May 3, 1932
Logging operations were started
at the east, end of the tract in some of the most accessible
timber and conducted less than a year
.
.
Some prospecting for copper ore has been done west of
thoroughfare Gap , but on actual raining operations have ever
been undertaken
35 year mineral lease on an area of
1000 acres was executed last year and it is for th rights
under this lease that the lessee has filed a claim of .£20,000
.
Timber:
-
.
. careful
estimate of the merchantable timber daows a total
stand of 2,965
feet B. Id. of saw timber of which 1,741
1
1.
.
arc
feet
considered
accessible and can be operated with
•
out financial lo/ss to the operator ‘ The proportion by species
is poplar and basswood 4Q,j, white , red and black oak 40 and
hickory and other species ?©>
.
-
.
.
j
�n
NAME OF OWNER
Number of Acres:
Location :
Roads:
Soil:
History of Tract and condition of timber:
Improvements:
Acreage and value of types:
Types
Acreage
Value per acre
Ridge:
Slope:
Cove:
Grazing Land :
Fields Restocking:
Cultivated Land :
Orchard :
Minerals:
Value of Land : $
Value of Improvements: $
Value of Orchard : $
Value of Minerals: $
Value of Fruit : $
Value of Timber: $
Value of Wood : $
Value per acre for tract: $
Incidental damages arising from the taking of this tract : $
Total Value
�1
-/
Ac
claim
County, Virginia, No.-14.9 , At Law.
In the Circuit Coun; of J?§G
The State Commission on Conservation and Development of the State of Virginia, PetiCli£to n AxlQX and DJthsJi s_,_ _an_d TMr _iiy .s_eY.eii _ TtioiiaarLd
tioner, vs
EQIHL Hundred. __1&37_ .4QH )__ £LQr£LS
*
more or less, of land in RapjoahannQQk
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 _ il8EP .&0?Lnp ck
County, Virginia, asks leave of the Court to file this
as his answer to saishpetition and to said notice.
My name is
-T
My Post Office Address
I claim a right, title, estate or interest in a tract or parcel of land witlffin the area sought
to be condemned, containing about
acres, on which there are the following
10.0.0
_J s C l L X
_
buildings and improvements: A
L
—_
_
_
__
_
_
_
-
_
^
“
__
'
(Os
This land is located
aifout
_-
- JcjfirOud
JL -
_
_
miles from
A
^
JUi
Virginia, in
rv/
theJ?lfc*vw -t5^ 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, es tate or interest he has in or to the tract or
parcel of land described above ) .
^
B
jLt
;.
The land owners adjacent to the above described tract or parcel of land are as follows :
North _ _£ A
_* £ _
South. /3_ Jr*
_
L
_
East
West
_
-
—-
/2 JA.
*A
j
_ _ £_3c£_ _in the
I acquired my right, title, estate or interest to this property about the year _ V
following manner :
cC
r
•
f
*
-
I claim that the total value of this tract or parcel of land with the improvements there
O o
'
on is § -rhQTM£Q - I7L .
I claim that the total value of my right, title, estate or interest,
m 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
parcej 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 :
—
"
of
Witness my signature ( or my name
, 1980.
_
Iw^
.
( Continue remarks if necessary on the back )
and mark at ched hereto ) tlys
day
v /_
_
^
To-wit :
lie .
The undersigned hereby certifies that
£.
*
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 ,
day of
, 193
this
'
-6Ieik of
iliti CdUi' l, ur 3p6cial
Notary Public, or Juoticc of thc-Peace.
1
Ac
.
/
�r
-
IN THF CIRCUIT COURT 01 RAPPAHANNOCK COUNTY
State Commission on Conservation
and Development,
.
v
.
.
Evelyn Tyler iller, Julia M
Settle, ff H * Booth, C B « Miller,
oeorge Tylor "iller, Henry T Miller,
William Arthur Miller, B F, Miller
tire
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TO THE CIRCUIT COURT 01 RArPAHANNOCE COUNIY:
The abov
naned petitioners represent:
lot: Mrs, Evelyn Tyler Miller is the widow of John
J, Miller, deceased, and your other petiti nors are his heirs at
law and as ouch hold in common and undivided right a tract of
land lying in Warren and Ra-npahannock Co nties, consisting of
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six thousand one hundred and sixty three acres, of which two
thousand five hundred and twenty three acres lie in Warren County
.
and throe thousand six hundred and forty acres lie in Rappahannock
The land, however, is one traot and in proceedings in Rappahannock
for the partition of the John J, Miller Estate was by the order
of the court held in common and undivisable as necessary to
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pro
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tect the best interests of said successor in title
2nd: By proceedings had in this court alleged to
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be under the authority of chapter 410, Acts 1928, the
- ission
^tate Com-
on Conservation and Development is seeking to take by
condemnation that portion of said tract as is in the County of
A a /*/» * h e, v AjecA
By orders of this court M L< hr Capper, M L Price and
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ugbrge
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H, Levi are appointed special investigators and a board of
appraisal commissioners to ascertain all faots pertinent to said
tract and the compensation to be paid to your petitioners,
3rd: Under Section 8 and Section 29 said special
investigators gmd boards of appraisal, acting individually or as
a board, nay resort to any source of information which they may
deem proper and "hear any statement or expreneion of opinion - ade
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under oath or not under oath, by any person, whether such person
is
r is not interested in the fact or facto they are seeking to
aso rtain and determine,"
�notwithstanding th© courts of Virginia have condemned
such
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thods this statute sets such decisions at naught and dohien
to your petitioners in the protection of their property rights
the equal protection of the law and the guaranties of tho Hill of
Rights of Virginia and of the 14th / mondnent of the Constitution
.
of the United States
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4tht The said special investigators and special an
prai ero 1 ave nude th'ir report in which contrary to any otherwise
legal evidence before then thoy have grossly wiede cribed said
tract and have undertaken to ascertain the compensation to which
petitioners are entitled so grossly im equate as to show that
said board or son© of then were influenced by partiality or gross
" iotolre
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of low as to tho nature and effect of tho evidence with
. Your
reference to which ouch finding or filings were node
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petitioners charge that such findings were b sod on hearsay rtate
nont, rumors and exaggerations fron unJmcwn parties authorized by
this statute and not upon legal ovi’once ouch ao
.
Judicial boards
can only act upon
5thi Tho truot of land is valuable for its timber,
for its rlnoral deposits and in addition thereto r*uc) of the tract
.
is fine > luo grass gruzing land
?th:
mately $461
( 00
.
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William II +*« rr, w> o owes petitioners approxi
, 1922 for the
with interest fron the 3rd day of May
timber rights alone is now prosecuting in the United
States District
Court for tho western District his claim to the timber righto,
*
7tttt Petitioner* have filed their olein in th*
record, which fairly states the amount the are entitled to
recover
.
as compensation for their property
8thi Petitioners pray that this court will wholly
disregard said rQrort of raid special Investigators end soeeial
appraisers,
(1) Insofur as the statute proscribes the weight to
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be attached thereto it io on invasion by the legislature of t o
province of the court;
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(2) That petitioners are not afforded a day in court
for the proper consideration of their righto, when before the
special investigators or boards of appraisers the statute author
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izes and directs the consideration of wholly Improper and pre
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judicial evidence, and, when they come into this court, the
statute binds the court by the weight it directs to be attached
to the report of such a board ;
(5) The compensation to petitioners is confiscatory
as fixed by these sp cial investigutors and appraisers;
(4) retitioners rely upon the guaranties of the Bill
of Rights of Virginia
°onotitutior,
and of the 14th Amendment of
.
the Constitution of the United States;
(6) Petitioners pray that the oourt. will summon a
.
jury to ascertain the compensation due petitioners
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SUBSCRIBED AND SWORN TO BEFORE ME THIS
•
5TH DAY
OF JULY,
1932.
<y L* Zh dsTTfsCircuit
"
Commissi one in Chancery for the
of Rappahannock County, Virginia.
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FILED IN
CLERK’S OFFICE
RAPPAHANNOCK COUNTY
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CAW OFFICES
HARRISON & HARRISON
WINCHESTER, VIRGINIA
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Claim of
it « A_ Mi lieT_y_ _ et_ _a Is
In the Circuit Court of Sa.ppahaimoiHi
County, Virginia, No. JL 4.9 , At Law.
The State Commission on Conservation and Development of the State of Virginia, Peti,
acres
37
400
als
and
Aylor
et
Clifton
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tioner, vs.
___
_
_ __
__
more or less, of land i n
9
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
Rappahannock
Court of
County, Virginia, asks leave of the Court to file this
as his answer to said petition and to said notice.
Henry T
.
_
My Post Office Address is _ _.gashington , Virginia
I claim a right , title, estate or interest in a tract or parcel of land within the area sought
to be condemned , containing about .3 j 5? 0 _40. acres, on which there are the following
buildings and improvements :
_.
_
«°he it
This land is l09at
miles from
Virginia, in
ngfeone
the Ha.mp t o_n &
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 ) .
J -Qi,n t_ _Q wjie r_ _wi _th _ a_b Qy_e _ ms nijLQns d _ _par_t_i
_
_ _
_
.
_
.
The land owners adjacent to the above described tract or parcel of land are as follows :
North
. J-ahn XM _ J £ar Lo w_ _ ei_ _als_ „
Earnes t_ _3mo o t __e t__a l s
South .
F D Wood et a l s
East _
_
_
_ _.__
..
.
J_. J •Mi1l_e r _ _e t s_._ _ in _ War ren
_
West
__
t a ls_ _
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.
I acquired my right, title, estate or interest to this property about the year
following manner :
Miller, dec
.Inheritance f r o m John J
.
in the
.
I claim that the total value of this tract or parcel of land with the improvements thereon is $103856.00
. I claim that the total value of my right, title, estate pr. 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
-00
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 $ .nothing.
( 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 ) .
_ po_r t i_on_ _of _ _thi s land a _ val.ua p l_a ..
Remarks ikore is _ lp_cat_ed _ u.po_n
Qo P P.e r_ JD eJD_O s i_t 4 t h e s ame _ be i ng _ va lued _a t _ _t he_ s urn _ of _ $ 50_X) Q a 0 0
*
whi_c h_ _i s_ _i n c_ldd_e d _ 1n _ _t he_ a bp v jn e n t i pjied _ SHIU _ &£. IP 3556. t Oft
)_ 5.00 per a c r e
There_f or_e_ _ the _ land a n d _ t_imber _ p ein .g _ valued__at _ _t h e__sum of §!
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of
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_
_ _
_
_
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__
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_
( Continue remarks if necessary on the back ) .
_ _ _ day
or my name and marl$ attached heret< this __ _3D_'!_
Witness my signature (
JJay_
1930.
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, To-witl
The undersigned hereby certifies that JH^AMl.ll - xn. - wm--£-iglit --a-nd-a §- g-en t
^ made oath that the malters
^
the above named claimant personally appeared before^him and
and things appearing in his above answer are true to the best of his knowledge and belief ,
STATE OF VIRGINIA, COUNTY OF-
^
__
this
X
30 "
day of .
_M&y_ _
ppafeannook-
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Clerk of the Court, or Special Investigator or
^Notary Public, or Justice of the Peace.
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Claim of
County,
At Law.
In the Circuit Coui#7>f
gmia
;ioh on / Conservaj
The State Com,
f and j5eyfelopment\ the ,te of ' Virginia, Peti72.0
.
2 .7L j kl2
tioner, vs
*\AAJ2P.
County, Virginia, Defendants.
more or less, of land in
The undersigned , in answer to th p ion of the State Commission on Conservation and De
velopment of t
of Virgiyfih,‘find in response to the notice of condemnation awarded
upon the rfig of said J>etitionJmd published in accordance with the order of the Circuit
Court of
' County, Virginia, asks leafre of the Court to file this
oip 2(hFD to sai ’
as his answer k/sam t
ice.
My name is
My Post Office Address is
I claim a right, title, estate or interest in a tract or
within the area sought
to be condemned , containing abou
e
reAhefollowing
.
buwdings/and improvements :
__
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This la/id is
.miles from —,
Virginia, in
about
the VM?l44 2 / <i Magisterial District of said County.
clain/ 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 k not sole or joint owner,
he should set out exactly what right, title, estate or inter kt her has in or to the tract or
parcel of land described above ) ,
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located
_ _
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The land wqerpjmjacenfrtp the boyje, described tract or parcel of land are as follows :
North
South. jjL
^
^
East -- / X
West - 2
I acquire mV right, title, estate or Merest
f/
following
:
/ \J/
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this property about thevear _ _ /_ 2
_? in the
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I claim that the total value of this tract or parcel of land with the improvements thereon is % - JA-&JA.-3A/UL 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-O-i.CCU.
I am the owner of
acres of land adjoining the above described tract or
parcqj 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
o insert here a
description of the, tra$t or parcel of land by metes nd bounds ) .
^
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Remarks :
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( Continue remarks if necessary on the back )
day
and mark attached hereto ) this
Witness my signature ( or my name
, 1930.
of
, To-wit :
STATE OF VIRGINIAT)COUNTY OF_
LQAdstA
The undersigned hereby certifies that ,
the above named claimant personally appeared before him and made oath S at the matters
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edge and belief ,
and things appearing in his ab
r are true to the/best of his
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this
he Co
Special Investi
lie, or Justice of the Peace.
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Th4 State Commission on
Conservation and Develope
ment Commission , of the State
of Virginia , Petitioner .
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vs
Clifton
Ayler and others, and
or less of
adi
Rappahannock
in
land
JtatxxKitxSLaaixkiKst , County , Va .
Defendants .
TIGTIO
3L ,
Circuit Court for Rappahannock County , Virginia ,
lotice of Condemnation
{
37.400 acres , mere
TO
In the
In law h o . 149 .
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Pennsylvania , v spectfully shows unto your Honor :
That he ha s an i 1it e re ? ; fc
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standing on the land
oiRappahannock
or the
.
John J
yi
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nd to cte tr.vn ti l her
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>1 Katate in that part
County now bein ' - conde nod for the purposes of
a public park *
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float it liar ,iust co ne to bis knowledge of the in
tention of the State of Virginia to take
over this timber for
pa: tc purposes , and he desire ^ to intervene ns one of tho
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to riIt . his ansvnr in i l l s Jir. ncrcbl
nts ant
Order of
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b)lic 9 Jlon
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defdud -
ir the
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d to do .
oner therefore rospsotfully prays your
vill pass an Order granting leave to hi . to file his answer
3 * foai * pet
Ko .icr
to the claim of the plaintiffs in this Cause
proceed as he ir advised L
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should do .
- nd as in duty bound ho will
ion to
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v r pray .
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S
J W o
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S' iii: OF P mKrzixsinu*
CITY OF PFILi D iLPl IA
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I hereby certify that on thi
,
fore me the Subscriber , a Notarv Public of
in and for tho City of
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to of
PhiladelT la , personally a ope
0 , be
1
Pcnnsvlvnnia
r> ed
illlam
H* Hrannl 3 , the above petitioner and made oath in due form of
that the matter and fa ts as set forth aoove are true .
.
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In witness whereof I have signed
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.
otarial Seal NOTARY PUBLIC r
March
y ccfe il a 8
1
iy vs
me and a fixed y
irnTn I jyjuJLuxAjn f
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ffidavit *, it is ORv.
On the aforegoing Petition and
toy the Circuit Court of Rappahamg&ctet$ 4*i law that leave la
hereby granted
Uliana
.
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Ge ^ nnis , the Petitioner , to file
his answer in this C . Use rr.d that
•
e be aado a party defendant
and proceed as he feels Ms best interest
0. \1) . Rf5D this
Jay of
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iept ember , 1930
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Claim of WILLIAM H. GRANNIS
In the Circuit Court of Rappahannock County, Virginia, No. 149,
.
At Lav/
!Ehe State Commission on Conservation and Development of the
State of Virginia, Petitioner, Vs. Clifton Aylor and others and
Thirty seven Thousand, Four Hundred acres of Land in Rappahannock
County, Virginia, more or less, of land in Rappahannock County,
Virginia, Defendants
The undersigned, in answer to the petition of the State Commis
sion on Conservation and Development of the State of Virginia, and
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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 Rappahannock County, Virginia, asks leave
of the Court tol file this as his answer to said petition to said
notice•
My name is William H. Grannis.
. Lexington St., Baltimore, Maryland,
My Post Office Address is 110 E
Room 402
.
I claim a right , title, estate or interest in a tract of ti
growing on tne land within the area sought to be condemned,
taining about 3590.50 acres, on which are the following:
This timber is located abotft three miles from Flint Hill, Virginia,
Magisterial District of said County
in the
.
I claim the following right, title, estate or interest in the
tract of timber on the land described above:
I am the sole owner, subject to certain Credits due to the
Executors or heirs of John Miller's Estate
.
The land owners adjacent to the above described tract or parcel
of land are as follows:
^
North
South
o >
East
.<r.
West
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I acquired ' the right, title, estate or interest to this property
about the year 1922 in the following manner:
by purchase from John J. Miller, now deceased
I claim that the total value of this tract of timber with the
improvements thereon is $ /&3 oo
I claim that the total
*
° or interest
value of its right, title, estate
, in and to
tract of timber with the improvements thereon is $ / 33. this
oo
.
.
I am the owner of 3206 acres of timber on land adjoining the
To this Petition is attached a complete description of the tim
ber by metes and bounds as described in the Deed of purchase
by
me and John J. Miller, recorded in the Land Records of Rappahan
nock County, Virginia,, and the same is set out In the Order of
Publication as published in the Blue Ridge Guide as Nos.
98, 99
100, 101, 102, 104, 105, 106, 107, 108
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W i t n e s s my s i g n a t u r e t h i s
STATE OF
^
, 1930 .
day
A
,
DUNTY OF
The u n d e r s i g n e d h e r e b y
certified
t o wi t :
.
t h a t William H
Grannis,
p e r s o n a l l y a p p e a r e d b e f o r e him a n d made o a t h t h a t t h e matters
and f a c t s a p p e a r i n g i n h i s a b o v e answer
knowledge a n d b e l i e f , t h i s
1
r e t rue t o t h e b e s t o f h i s
, 1930 .
day of
V
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.
r k o f tSre-Wnttrb , e r /
Notary Public or Ju o t i o c
Uj
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’ATTAKTIOCK
A I D T I Bin A D LATID BEI'IO ST THAT ID IN IA RIDQE
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BLTTK
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PEoCW i B ”iD HS T O -
.
Beginning nt a stone comer between a hickory and ch < i 3 tnut oak
to a spring Tinder a large fast rock )
.
.
( 8u chain
100
corner to 'Thornton , thence with his lint s .
S 32 , l /4 1 17.25 Chains to a black oak and a stone rile .
N 82 , 3/4 7 7.00 Chains to a popular , ( crossing Turkey rim )
N 57 , 3/4 7 20.20 Chains to a oile of stones near 2 Elns .
11 2 , l/8 E 4.50 Chains to a stone pile on a clift .
N 20, 1/8 E 5.50 Chains to a stone pile on another cliff
N 18 , 7 11.00 Chains to a stone rile nt a white oak strrap, old comer
N 1 , l/8 2 16.50 Chains a ch < stnut oak str ip 2 iaples 1 birch , ( at
9.25 chains cut oad on this line leading to saw dll
N 69 , 7 /8 / 8.56 Chains to 2 Chestnut Oaks str ips at the head of the
" Big Stairs " a corner to R . i , Harris thence down t> ie channel of the
" Big Stairs " it being the line of said Harris
N 84 , 1/4 .7 1.79 Chains .
A
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33 , l/2 .7
S
S
S
S
S
S
S
S
.7 4.15
5.35 Chains .
.
Chains
48 ,
27 , .7 5.63 Chains
8 , E 1.50 Chains
7 , 3/ 4 i'll 3.53 Chains
25 , 1/2 V 2.83 Chains
12 . V7 4.36 Chains
33 , 7 2.71 Chains
South 2.80 Chains
S 15 .7 7.25 C>mins nt the head of the large falls , thence over the falls ,
S 20 77 4 o8 Chains , to a point in the channel thence stillwith the channel ,
S 6 E 2.72 Chains
S 8 , 1/2 ,7 3.46 Chains .
S 4 . 7 2.61 Chains
S 6 , l/2 .7 3.90 Chains .
-- S 13 .7 4.00 Chains
S 10 E 2.23 Chains
S 18 E 1.34 Chains
S 3 , l /2 .7 4.81 Chains to a ooint below the "Devil ' s House " in the chan
nel , still with the channel
S 14 , 1/4 E 2.87 Chains
S 10 E 9.07 Chains to a stone pile in a locust strnjp a corner to obert
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�anuel , thence with his lines
of a mrked hickory
N 63 IV 6 , 00 Chains to a pile of stones 6 links a comer to John A ,
11,88 chains to a white oak and ash
S 82 , l/2
Keyser , thence with his lines ,'
oaks , one double and
N It W 36 , 75 chains to a pile of stones 2 white
2 pines nrked as pointers ,
line a road ) to a hickory ,
N 81, l/2 7 39 , 50 chains , ( 9 chains on this
on Graverly Spring branch ,
( so le call this the Star Branch )
thence down the Channel to said branch ,
S 23 E 3 , 60 Chains ,
S 34 , l /4 E 5 , 19 Chains ,
S 30 , 1/2 E 6 , 90 Chains ,
S 19 , l/ 2 Iff 2 , 15 Chains ,
part of ravine ,
S 30 V 1, 64 chains in the deepest
S 1 .7 3 , 28 Chains head of upper falls ,
d falls ,
S 14 , l/4 .V 3 , 37 chains to head of secon
of the 3rd falls ,
S 26 , l/4 V 2 , 11 chains to the head
foot of falls a beautiful piece
S 9 , 1/2 . 7 1, 62 chains to a poplar at
of scenery ,
( South ) S , 2 , 80 Chains ,
S 26 , l/2 .7 1 , 75 Chains ,
S 29 - 7 1 , 42 Chains ,
S 17 7 1.36 Chains ,
S 15 / 5 , 4 6 Chains ,
S 3 W 1.33 Chains ,
S 16 , l /2 W 4 , 40 Chains ,
S 33 vV , 73 Chain ,
S 22 , 3/ 4 7 2 , 30 Chains ,
S 27 / 1.79 Chains ,
S 5 iV 1.82 Chain ,
chestnut oak stump, 47 links from J
S 58 E ( 1 3 Chains a point at a
)
Yeysers Poplar Corner of Partlow land ,
A
,
chains
Distance of line 2.00
land ,
thence with the line of eysers Part low 35 feet of the ’ullen spring ,
stones
of
pile
a
to
S 80 .7 4.56 chains
oak on Graverlv turn called
thence N 28 *7 40.50 chains , to a chestnut
for now a stump ,
hickory on a la ge rock called the
S 69 , l/4 .7 77 , 59 chains to a
Norman Corner ,
edge of road ,
( 1.72 chains road , 12.27 with road , 19 chains h
Branc .
32 chains big branch 3 0 me c a l l it Cades
le flat ,
spine
on
spring
below
48 chains to a point
leading to Gmverly Spring ,
68 cha ins to a point in the road
h leading from Round Knob.
74.31 chains to a branc
as described above ,
76.72 chains to sa e toroad
y m ked ( old arks ) at a spring near
hickor
a
S 54 . / 26.36 chains
an old house ,
on another branch called
S 54 W . 31.90 chnins to a pile of stones
Devil Stair Branch ,
h,
thence up the channel of said branc
,
N 23 , 1/ 2 .7 1.71 chain
N 11 , 1/2 .7 1.22 chain ,
N 3 W 2.11 chain ,
N 6 E 2.25 chains ,
N 1 , 1/2 7 3.25 chains ,
N 31 7 1 12 chain
N 15 , 1/2 vV 1.65 chain
an iron wood near a soruice pine a corner
2.80 N 3 , 1/2 E 2 80 chains , to
100
Bailey ,
3 old by Boyle &• bovs to
to the Bailey land formerly enifee land
h
thence with his line , leaving branc
top of the ridge a corner to Dr
on
oak
sh
N 5 E 170 polos to a Spani
with the water shed as near as
Kelley , thence along the top of the it
could be gotten on an average ,
.
.
.
’
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.
.
.
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9.53 chains a chestnut oak,
, l/ 2 E 21, 25 chains a Spanish oak,
, l/2 E 21, 36 chains a stone pile ,
( at 12 ,68 chains to a point in a road , )
, l/2 3 24 , 66 chains , a stone pile on a
S 83 E
N 70
S 34
N 61
.
large rock
( at 15 , 00 chain out road )
N 27 , E 14 , 36 chains to a stone pile on a large round rock,
N 65 , l /2 3 17 ,00 chains to a pile of stone at a snail chestnut oak,
S 41, 1/ 2 3 6 ,17 chains , to a pile of stones on a flat between 2 white
oaks
N 62 , 1/2 E 4 , 69 chains to a birch near a bunch of chestnuts ,
S 81 , 1/ 2 E 10,98 chains to a chestnut ( on this line crossed road
several times , )
N 25 E 9 , 32 chains to a pile of stones near a double Spanish oak
( crossed the same oad again . )
N 43 , l/4 E 29.56 chains to a pile of stones on the oad leading
to browntown
N 69 , l/2 E 14 , 44 chains to a white oak at a large flat rock,
N 88 , l/2 E 8, 33 chains to a pile of stones on a flat ,
N 82 , l/4 E 25.33 chains to a Spanish oak, with rock piled around
it on the South end of the little " Bluff "
N 24 E 6 o9 chains to forked white oak above " iaven Hock",
N 62 E 18.33 chains , to a bunch of Iron woods on the N side of water
shed ,
S 34 , l/2 E 2.12 chains to a pile of stones ,
N 76 , l/2 E 26 , 09 chains , to a Spanish oak and chestnut ,
S 64 , l/2 E 16 , 63 chains to a pile of stones on "‘'/arm Knob"
N 42 , l/2 E 4.84 chains to a white oak,
N 66 , l/2 E 12.95 chains to a pile of stones on a cliff ,
N 75 E 2.73 chains to a point on the top of the "Signal Point " sai ’.e
line continued to the distance of 18.12 chains to a birch on a cliff ,
( this is a very high point )
N 21 E 12 , 36 a 3 panish oak,
N 70 , 3/4 E 7.33 chains to a white oak,
N 31 E 6.80 chains stone pile near "Hog wollow spring " this is a very
fine spring to be so near top of :nt water enough to run an engine to
saw with ,
N 71, l/4 3 6.07 a Spanish oak,
N 6 , 3/4 E 16 ,72 chains a stone pile ,
N 27 E 21.43 chains a Spanish oak ,
N 74 , l/2 E 6.18 chains a hickory,
S 86 , l/2 E 4.76 chains a forked white oak,
N 57 , l/2 E 12.41 chains to a stone pile between a chestnut white
oak and hickory near cleared land , thence leaving the top of the
mountain ,
S 46 , 1/ 2 E 2.00 chains to a stone pile near a Spanish oak ,
S 56 E 11.04 chains a Spanish oak,
S 28 , l/2 E 9.85 chains a small chestnut growing from an old stump
S 63 E 12.29 chains to a point on the "Bprice Pine branch, same line
continued to the distance of 13.57 chains to a walnut on the 8 . /
side of branch ,
.
.
.
.
. .
'
thence down the branch ,
N 78 E 10.15 chains to a point in branch ,
S 61 E 4.95 chains to a ooint in branch ,
S 61 E 2.66 chains to a bunch of Butterwoods on the lower side of
the Browntown road
S 29 , l/2 E 1.01 chains to a point in the said road ,
S 53 E 0.43 chains to a pile of stones ,
S 25 , l/2 E 3,37 chains to a pile of stones on oad a comer to the
arshall
lands of Geo
U Fletcher , ( now Garter , orchard Go ) or ( t
orcTiard Co land )
thence with the line of said road ,
S 17
l/2 E 3,86 Chains,
.
/
.
.
.
.
i
�S 4 E 4 ,26
S 22 , 1/4 E 4 ,71 chains ,
S 8 J 4 ,38 chains ,
SHE 4 ,95 chains ,
S 23 IV 3,82 chains,
S 7 7 3, u7 chains,
S 8 , l 2 E 3,35 chains ,
S 15 7 3,53 chains ,
S 38 7 4 ,85 chain ,
S 57 , 3/ 4 7 3, 90 chains ,
S 63 / 2 , 6 5 chains,
S 37 7 4 ,14 chains ,
S 49 7 6 ,50 chains ,
S 44 7 4 ,17 chains ,
chains ,
4
-
/
VEST 4 , 37 chains ,
S 34 , l/2 .7 4 , 34 chains on this line crossed a branch ,
S 37 E 2, 45 chains ,
S 10 , 3/ 4 E 6 ,53 chains ,
SI , l/2 7 3, 52 chains to the forks of road leading to the
place where they were lining ,
S 16
IV 2.36 chains ,
, 1/2
S 29 W 7 , 35 chains crossed a branch,
S 39 i¥ 2 , 42 chains ,
S 8, l/ 2 7 4 ,05 chains ,
S 41, 1/ 2 V 2 , 78 chains
S 21, 1/2 7 6 ,24 chains to a large rock on the lower side of the road
thence leaving the road and the line of bhe Orchard Co , Land ,
S 53 , l 4 V 2 ,30 chains ~ o a doable poplar on i /hnt is known as the
Coate 3 road at the Thonrongh Fare Orchard thence with said road ,
S 53 7 3.64 chains ,
S 50 , 1/2 7 3,60 Chains ,
S 77 , 1/2 7 4.08 Chains ,
S 59 > 7 5, 36 chains to a stone pile a large rock
S 49 V 4.90 chains ,
S 60 , 3/ 4 7 2 , 68 chains ,
S 52 , l/4 7 3.51 ctiains ,
S 50 , l/4 7 3.69 chains ,
to a hickory on the lower side of the road ,
S 84 «V 3.12 Chains to a spring in a fine p ace for a saw Hill and
plenty of water
S 58 , l/2 7 2.85 chains ,
S 40 , 3/4 IV 3.69 chains ,
,
S 85 , 1/2 7 5 jj4 chains to a pile of stones above the road
of
the
side
on
the
lower
S 25 , 3/ 4 IV 7.91 chains to a stone pile
,
to
Coates
by
iller
sold
large rock a corner of the land
road near
thence with his line
Still with the said road also,
7 4.16 Chains ,
S 60
4 ,65 ciiains to a point in said road , thence leaving road ,
W
44
S
N 82 7 6.68' chains to a pile of stones in a rocky hollow
,
Acres
S 81 , 1/ 4 V 29 , 95 Chains to the Beginning Containing , 3590 50
.
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.V
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. tJtct
jur-L
udk W CtH4 '.» •
THENCE N. 80 43' W., 538 ft. to Pos. No. *o Angle in park line on prpperty
of Miller Estate at cast side of old apple orchard . Locust stake. Ref . inks.: 8
ft. northwest to nail in blazed apple tree ; 14 ft. northeast to nail in blazed locust.
THENCE S. 67 “ 00' W., 575 ft to Pos. No. 99. Angle in park line on property
of Miller Estate at south side of old orchard and about 80 ft. north of rail fence.
Locust stake. Ref mks. : 4.4 ft. east to nail in blazed locust stump ; 2 ft south
by west to nail in blazed sapling.
THENCE N. 53 r 45' VV., 916 ft. to Pos. No. 100. Angle in park line on property
of Miller Estate 70 ft. north of rail fence and at east side of orchard. Locust
stake Ref. mks.: 27 ft. southeast to nail in apple tree ; 10 ft northwest to
nadl in apple tree.
THENCE N. 88 08 ' W., 918 ft. to Pos. No. 101. Angle in park line on property of the Miller Estate, on south side of slope overlooking orchard , and about
70 ft. south of edge of timber Locust stake. Ref . mks : 10.9 ft. west to nail
in blazed bush ; 8.4 ft. southeast to nail in blazed bush.
THENCE N. 46 ° 37' W., 593 ft. to Pos. No. 102. Angle in park line on property
of Miller Estate in clearing 15 ft. east of rail fence and orchard. Locust stake.
Ref mks. : 19.9 ft southwest to nail in rail fence ; 15.7 ft. northwest to nail in
walnut tree in fence line
THENCE N. 2 ° 43' W., 825 ft to Pos. No. 104. Angle in park line on property
of Miller Estate near the northeast corner of old apple orchard. Locust stake.
Ref . mks.: 30.9 ft. northeast to nail in locust hub ; 10.9 ft. northwest to nail in
apple tree.
THENCE N. 24 ° 10 ' W., 988 ft. to Pos. No. 105. Angle in park line on property of Miller Estate in clearing about 200 ft. south of old road and at west
side of rock pile. Locust stake. Ref . mks.: 15 ft. northwest to nail in blaze i
hickory 4.5 ft. southeast to nail in blazed sycamore sapling.
THENCE N. 9 ° 05' E., 170 ft. to Pos. No. 106. Angle in park line on property
of Miller Estate in clearing about 60 ft . south of old road . Locust stake. Ref .
mks.: 30.1 ft. south by east to nail in blazed sapling ; 20.5 ft. east by south to
.
.
.
.
.
%
.
.
.
•>
.
..
.
.
.
nail in saplinge.
TlffcNCE N. 21 18' E., 566 ft. to Pos. No. 107. Angle in park line on property
of Miller Estate, 10 ft. west and 3 ft north of center of old road at draw-bar
gate. Stake. Ref . mks. : 13.9 ft. northwest to nail in blazed hickory ; 20.5 ft.
southwest to nail in blazed sapling.
THENCE N. 58 ° 37 ' E., 1157 ft. to Pos. No. 108. Angle in park line on property of Miller Estate, center of wood road , 3 in. underground . Locust stake.
Ref . mks.: 7.6 ft. south to nail in blazed locust tree. 12.6 ft. north to nail in
blazed sassafras tree.
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k
WILLIAM THOMAS LARKIN
ATTORNEY AT LAW
1310 CONTINENTAL TRUST BUILDING
BALTIMORE, MD,
i
FILED
/V
s
�. GRANNIS
In
Circuit Court
^
At Law.
Claim of WILLIAM H
,
ppahanno ck County Virginia , Ho
of
the
. 149,
The State Commission on Conservation and Development of the
State of Virginia , Petitioner , Ve Clifton Aylor and others and
.
, Pour Hundred acres
-,seven Thousand
,
, more or
Thirty
County
Virginia
Virginia
,
Defendants
.
of Land in Rappahannock
of land in Rappahannock County ,
less
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 Rappahannock County ,
Virginia , asks leave of the Court to file this as his answer
to said petition to said notice
.
My name Is William H Grannis
.
.
. Lexington St •
.
My Post Office Address is 110 E
Maryland Room 402
,
» Baltimore
,
I claim a right , title , estate or interest in a tract of timber
growing on the land within the area sought to be condemned , con
taining about 3590.50 acres , on whioh are the following *
3563a
-
This timber is located about three miles from Flint Hill ,
Magisterial District of said County
Virginia , in the
.
,
I claim the following right , title estate or interest in the
tract of timber on the land described above *
I am the sole owner, subject to certain credits due to the
Exeoutors or heirs of John Miller ' s Estate
.
The land owners adjacent to the above described tract or
are as follows *
parcel of land
.
North
John K Marlowe et al
South
Ernest Smoot et al
Bast
F D Wood et al
..
..
West J J Miller
et al
I acquired the right , title , estate or interest to this
property about the year 1922 in the following manner *
by purchase from John J Miller now deceased
.
.
,
I claim that the total value of this tract of timber with
I claim that the
the improvements thereon is $133 « 000.00
,
or
interest , in and to
right
estate
title
its
of
total value
this tract of timber with the improvements thereon is $133 » 000 » 00 *
,
•
.
.
I am the owner of 310 acres of timber on land adjoining
the above timber tract in Warren County Virginia
°
�RECORD
-
Petition Piled April 7 » 1930 *
. R. H. ALEXANDER, JUDGE OP
THE CIRCUIT COURT OF RAPPAHANNOCK COUNTY, VIRGINIA.
TO THE HONORABLE J
Your petitioner, the State Commission on Conservation
and development of the State of Virginia, alleges and shows *
.
1
That it was created as an agency of the Commonwealth
of Virginia by an Act of General Assembly of Virginia, approved
1«larch
17, 1926 (Acts of 1926,
page
307)
which said Act was
amended and re enacted by the Act of Assembly of Virginia,
-
approved
**arch 26, 1928 ( Acts
of
.
1928,
page
1154-);
2
That by the provisions of said Acts and an Act of
General Assembly of Virginia, approved March 22,
short title of which is
"National
1928,
the
Park Act", petitioner is
vested with the power of eminent domain to condemn for a public
-
park or for public park purposes, land and other property, in
cluding dwelling houses, outbuildings, orchards, yards and
gardens within the Blue Ridge Mountains area of the State of
Virginia;
.
3
That, acting under the power and authority conferred
upon petitioner by the aforesaid Acts, petitioner purposes and
-
desires to acquire for a public park and for public park pur
poses, under the provisions of said Acts and under the provi
-
sions of an Act of the General Assembly of Virginia, approved
4
March 23,
1928,
the short title of which is
Condemnation Act" ( Acts of
1928,
page
"Public Park
1036), an
area within
the said Blue Ridge Mountain area of the State of Virginia,which
said area and the approximate limits and boundaries thereof
appear and are shown on a map thereof, which is herewith
tehdered and marked for identification "Petitioner's Exhibit
.
No 1", and prayed to be filed and read as a part of this petition;
�.
4
That a portion of said area, which petitioner purposes
and desires to acquire for the aforesaid purposes, lies within
County of Rappahannock, State of Virginia, and within the area
Rational ?ark Act, and described in the
0,
claim filed by William H Grannie in this cause on Sept * 22,19)
designated in said
.
as followst
.
bounded on the north by John K Marlow, et ala • *
..
on the south by Srnest Smoot, et als• 1 on the east by F D Wood,
et als• » and on the west by J * J *Uiller, et als• > and containing
3590* 50
acres, more or less *
The foregoing is a copy of so much of the Petition filed
by The State Commission on Conservation and Development of
-
of the State of Virginia , in the Circuit Court of Rappa
hannock County, Virginia, on April 7, 1932, or so much thereof
.
.
as requested to be made by Villiam T Larkin, attorney for
.
the claimant, .Villiam H Grannis.
1
/
thfo.frZ o&TJjJe
.
,Clerk.
/
*
»
�Witness my signature this 9 day of Sept, 1930 »
.
William H Grannis
-
Stats of Pennsylvania, County of Philadelphia, to wit *
The undersigned hereby certified that William H Grannis,
.
\
personally appeared before him and made oath that the matters
and facts appearing in his above answer are true to the best
of his knowledge and belief, this
9
. 1930
day of Sept
.
*
.
Belle K Tomlinson, Notary Public
(Notarial Seal )
My commission expires March
- TESTS*
5 » 1933•
A
/
A COPY
/
x//
Original Claim filed in the Clerk * s Office of
Rappahannock County, Virginia, on Sept 22, 1930
.
.
v
*
»
II
�I
.
NAME OF CLAIMANT
. . .I
-
#54.
Miller, J J
Bat
i
4
3534
Number of Acres 1
Location
V
-
( See reverse aide for information on location )
H
N
II
N
•
I
II
N
»
II
N
11
M
History of Tract and condition of timber *
II
II
N
n
m
II
Roada
Soil
Timber
t
Improvements *
None
Acer&ge and value of types *
Value per acre
Types
Acerage
Ridge
682
Slope
2791
©
56
e
Cove
Grazing Land
.75
.
5
Value of Land *
7829.00
Value of Timber
6447.00
511* 50
6977.50
2.50
5.00
. 280.00
. „ 60.00
$ 7829.00
12*00
>
*
Total Value
1
.
6447 00
I427 ^
t00
^
*
v
*
*
Value per acre for tract *
$4-^02
Incidental damages arising from the taking of this tract *
..
j
Timber right claimed by WM H Grannie
.
..
Geo *H Leri , Clerk
"3
Continued on reverse side
V
•
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.
>
*
.
«
None
�Locations
This Tract lies along the top and on the high east elopes
of the Blue Ridge It extends from a point near Jenkins Gap
on the north to the Little Devil Stairs Run on the south, a
distance of approximately five miles It varies in width
from 2 jt miles at the north end to -£ mile at some points on
the southern part of the tract It is a part of a larger
tract, the residue of which lies on the opposite side of
the mountain in Warren County All of the tract situated
in either county is entirely within the Park Area
.
-
.
.
.
.
.
The character of the siol varies At the lower elevation
it is a sandy loam of fair depth and fertility with many
rock outcroppings
There are some extensive areas, notably
those along the Devil Stairs and Little Devil Stairs Run
which are steep rocky gorges, covered with loose rocks and
boulders The soil along the top of the Blue Ridge is thin
and rocky and between this and the lower edge of the tract
are many graduations The small area of cove type is accounted
for by the fact that this type does not extend up on the
mountains a sufficient distance to reach this tract at more
than one point and then only to a limited extent
Soils
.
.
.
.
su ,
old roads on a fairly uniform grade, now only very little
used cross the tract in a general north and south direction
The western most is the Gravel Spring Road and the one on the
east aide of the tract is the Jenkins Gap Road Both roads
were used extensively for hauling the bark from this tract
to Browntown about 30 years ago More recently the Jenkins
Gap road has been used to transport apples from the Julia M
• Settle orchard to the macadam road at the same point,
tfumberous old haul roads may be found throughout the tract
•Lands of adjoining owners must be crossed in most cases to
reacy county roads in order to haul timber products from this
Roads 1
.
.
.
.
.
.
tract
History of tract and condition pf timbers This tract originally had on
•it a heavy stand of chestnut oak timber which was cut 30 to
40 years ago/ Repeated forest fires have interfered with the
young timber growth which started on the cut over areas
The present stand is composed of * the timber from which the
chestnut oak was cftlled
At the higher elevations where the
percentage of chestnut oak was large and stand is very light
•At the lower elevations the percentage of chestnut oak was
.. lower and the remaining stand is correspondingly heavier
.
.
•
.
.
In 1922 the owner, the late J.J.Miller, sold the
remaining merchantable timber on this tract to V.H.Grannie.
It is understood that the consideration was $10.00 per acre
for all merchantable timber products and that the timber
rights expire May 3, 1932. Logging operations were started
at the east end of the tract in some of the most accessible
.
timber and conducted less that a year
•
#
Some prospecting for copper ore has been done west of
Thoroughfare Gap, but on actual mining operations have ever
been undertaken A 25 year mineral lease on an area of
1000 acres was executed last year and it is for the rights
under this lease that the lessee has filed a claim of $20,000
.
Timbers
-
A careful estimate of the merchantable timber shows a total
stand of 2, 9 5 M » feet B M of saw timber of which 1, 741
M feet are considered accessible and can be operated with
out financial loss to the operator The proportion by species
is poplar and basswood A0% t white, red and black oak 40j£ and
hickory and other species 20%,
.
..
^
-
.
-
-
A Copy Testes
..
,Clerk
Rappahannock County, Va
�In the
The State Commission on Conservation
and Development of the State of Virginia,
Petitioner*
Circuit Court
: of Rappahannock Co *
vs
Clifton Aylor et al and 37000 Acres more
or less of land in Rappahannock County,
Defendants •
Virginia
*
. At
Virginia
. 149
No
t
Law
*
To the Plaintiff and Messrs Weaver and Armstrong its
.
Attorneys
Please take notice that on the
15"
day of
June 1932 at
.
10 A M ••» we will file in the Clerics Office of the Circuit Court
of Rappahannock County at Washington, Virginia a petition a
copy of which is hereto attached, in which petition it is prayed
.
that this suit insofar as it relates to the claim of William H
Orannis he removed to the United States District Court for the
Western District of Virginia; and that at the same time we will
file also therewith a bond with sufficient surety, a copy of
which is hereto attached;
and that at said time or as soon
thereafter as Counsel can be heard, we shall request the Court's
approval of said bond and the granting of the removal as prayed
in said petition, and also ask for such other and further relief
as justice of the cause may require *
.
William T Larkin
Attorney for William H Grannis,Claimant
.
Service of the 00py of the above notice and petition
admitted this 14" day of June 1932 » but such admission of
service to be of no effect other than if said copy was served
on me by an officer authorized to serve notices
.
. .
.Petitioner
W C Armstrong, Atty for above named
'
Filed
June 15 » 1932»
.
�KNOW ALL MSN BY TE3SE PRESENTS;
. Grannis
That William H
of the city of
Philadelphia, State of Pennsylvania , as principal and the United ‘•’tates
Fidelity
& Guaranty Co.
as surety, are held and firmly bound unto
the State Commission on Conservation and Development
of the State of
Virginia, in the penalty of five hundred dollars for the payment of which
well and truly to be made to the State Commission on Conservation and
Development of the State of Virginia, its successors, we bind ourselves,
our successors and assigns, jointly and severally and firmly by these
.
presents
.
Upon condition nevertheless that wheras the said William H
Grannis
Rappahannock
has filed his petition in the Circuit Court for .X3CXXXI C ounty
of Virginia for the removal of a certain cause therein pending in which
the said The State Commission on Conservation and Development of the
. Grannis
State of Virginia iS the plaintiff, and William H
as a claimant
and one of the defendants , to the District Court of the United States
.
for the Western District of Virginia
. Grannis
Now if the said William H
shall enter in the District
Court for the United States for the Western District of Virginia within
thirty days from the date of the filing the said petition for removal a
copy of the record in said suit and shall well and truly pay all costs
that may
be awarded by said District Court of the United States, if said
Court shall hold that
3aid
suit was wrongfully or improperly removed
thereto , then this obligation shall be void ; otherwise it shall remain in
.
full force and effect
IN WITNESS WHEREOF, the said
..illiarn H. Grannis
has signed
his name and affixed his 3 eal also the signature and seal of the said
The United States Fidelity & Guaranty Co, by The Rappahannock County ,
by its proper proper officer, this 26
Realty
Cor At tv in fant
y
.
.
William H Grannis
Witness *
linson
*
in fact
,
un N P County Realty Co, Atty
Co r Po /TAt e
My commission sxpiras March •j,19 •
day of
May
ft s/fci
1932
SOIKMHL ..^.
^
3£«UJ
( SEAL )
'
�.
Tho it -to ;omnission on ;onsorv, tion
.and development of the t^to of
/Virginia
. - tition'r
in tho Circuit Court
of
Rappahanno ck
xixxx County Virginia
VO
. 14-9
Clifton Aylor et al and 37,000 acres,more or less
of land in Rappahannock County, Virginia
..t Law Ho
defendants,
i'otition for the roraovul to the
Inited > tates iutriot Court for
tho District of Virginia
.
HOVORnUL ?!» JU XV 0? 7H
"*0
'
fho potition of
.
VID J JR7
.
illiarn JI Crannis,of tho city of
.
Thilndo]phi. , >tate of Pennsylvania, by
f
parkin
his ^ttornoy
respectively submits;
.
1
That the action above entitlod hue boon brought in Circuit
Rappahannock
Court for xXJbim sounty of Virginia, and that
s
d action is atill
,
.
ponding therein
H•
That said aotion is of u cival nature and that tho matter and
amount in dispute exceeds the sura of throe thousand dollars! 3 00.00)
^
exclusive of all interest and coots , ac will appear from the claim
.
9
filed in this cause
.
3
That the controversy herein iu botwoen oitisons of different
tates ; that the plaintiff vas at the tine of the oomraonoerrant of this
'
suit and otill 1 ; , a oitisen fo tho
%
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tato fo Virgini roSiding in said
.
tato, and that your potitionor iLliam II GroJinis was at the time of
the oommenoomont of this suit anti now
Pennsylvania, snd
ij
a resident of tho Jtato of
—-
or* nr id & fce, ro ',idin ~ in tho City of
.
Philadelphia and oitizon of said City at this time
.
4
‘ o
May
day of xxrgc,
That said not : on is returnable to the loth
and your potitionor hn3 GO days from said Cate to file exceptions to
.
the report of the appraisal Commission, whioh time has not yot oxpired
.
5
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That
your petitioner desires to remove this suit insofar ^s
it relates to his olaim filed in this cause before trial thereof into
the United States
istriot Court for the
o tom
.
iatrict of Virxinia
�.
6
That your petitioner offers herewith
surety for its enterin
'
into the
a
tond with rood and ouffioient
iutrict wourt of th > Jnited
.tateo for
the District of Virginia within thirty dayo from tho filing of this
petition, a oortifiod oopy
v hioh nay he
all costa '
of the record in thi ; suit and for the paying
- warded
by the
’
•
id Oiotriot
Court if said Court
.
hull hold thut thia action was wrongfully or improperly removed thereto *
nd your Petitioner thoroforo prays that thio Jourt accept and approve
this petition
n* 'aid hand end surety • nd that thio Jourt pass
jn -
iorder
approving and directing tho removal of thiu suit into the Jnited
District Joui't for the oat * m
tatut,'
of t; e Jnited
?
tateu
Patriot of Virginia, pors lant to tho
-
tatou, and th t no further pleading* or proaoodingu
may be had in thio Court in oonnootion with the uL.im of tho sc. id
illiam
.
Irannis filed in this cause
-
, nd
.
your petitioner will over pray etc
attorney for
i1linn
. Crannif •
^
.
Petitioner
/
tute of Ponnsylv nii , i3
Cl ty of hi1 del phi •
-
-
I hereby a rtiry
mo personally oarao
illf m
. Granni
on thia25"Pay t>f
, tie
y 1932, Laforo
ore petitioner, and r.i do
oath due form of law thut the muttero and thin u
petition are tree to the boat of hi* knowledge
k
i
^nd
et out in the
;
ovo
.
belief
In witnouo hereof I have hereto subscribed my name
.
en affixef ray official seal thio day at ovo ment oned
-
.
Bella M Tomlinson
.
hotary Public
(Notarial Seal)
My commission expires Marcs
5*1933•
�//
0? J J IT
ORO
upon up lication of
Nila Cau JO ooming on for u hcurin
.
illian H Orunnia, olaiiruoit in th.a
this oauuo to tho
:ourt of tho Jnited at .tes for tho
istriot
storn
, and it apoearlng to tho ^ourt that the
District of Virginia at
<air
. irinnio hao
given written notice to tho Counsel of reoord
ill lain II
said
for an order removing
Oi.uuo
for the plaintiff, together 'ith copi a of his petition and bond for
-
removal aa io re Hired by 1 w, and it farther appe aring that the
claimant has filed HIJ petition for a ich removal, duly conditioned
^ith
good
and auffioient ourcty aa provided by law, and it up earing
farther to tho Court that thia is a proper a u o for removal to thG
Jnited
t t s d .strict Court j
HO ”
”1 T '
: v':r :? I
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Rappahannock
W 'H CIRCUIT COJUT
JD
'
rrrfi? ^ Of
’
/
xxxxxxi
Virginia
thia
0-
ljffch
Day
of June 19 2, that thia oauao insofar ao it relateo to tho claim of
illiom
Jnited
^
. Irannia, 1
i
heroby romovod to tho District Court of the
tatos for tho Western District of Virginia and the Clerk of
thia Court ia hereby dirodted to nuke up a certified copy of the accord
of thia .nit aa to the claim of
.
illiara 1 Grannie
some to the District Court of tho Jnited
. Virginia
at Harrisonburg
and tronafor tho
tatoa for tho
eatom istriot
on or before thirty daya from the date of
this petition filed in thia Court, and it ia further orderod that tho
aid petition and the bond tendered thorowith bo and they are hereby
accepted and up roved and that all further proceedings in thia Court
.
be stayed
J R H Alexander
Judge Circuit Court
Rappahannock County
.
VIRGINIA *
Clerk's Office of Rappahannock Circuit Court, June 15th, 1932 The
foregoing vacation order was this day received in the said office and
entered upon the Common Law Order Book of said Court as by law provided
.
.
Taste * Jas.M.Settle, Clerk
.
�«
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.
The S tate Commission on Conservation
and Development of the State of V irginia , P e t i t i o n e r
.
v
-
Clifton Aylor and ot h e r s and Th i r t y
Seven Thousand , Four Hundred ( 37 » 4- 00 )
Acres , more or l e s s , of land in
Rappahannock County , Virginia
........
Defendants
.
In the Clark ' s Office of the Circuit Court of
Rappahannock County , Virginia
1»
.
..
-
Jas M S e t t l e , Clerk of the Circuit Court of Rappa
hannock County , V i r g i n i a , do hereby c e r t i f y t h a t t h e foregoing
i s a true and correct copy of the record and evidence in the
foregoing s u i t as r e l a t e s
.
to the claim of William H Grannis
f i l e d i n said s u i t , and so much thereof as requested to be
..
.
c ertified by me by W T Larkin , attorney f o r William H Grannis
Given under my hand t h i s $th da y of
ly
.
.
, 1932
(
Clerk C r c u i t Court Rappahannock County , Virginia
^^
.
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�In the
i
STATE CCIXSSIOi; on CONSEAVATIOE
and LEVELOPELESNT of the STATS
.
PE
Of VII; IiriA
.YS
{ Eistrict Court of the
United State for the
5 Western Eistrict of
CLISTON AYLOR and others and
Virginia , at Harrison
thirty seven thousand B&RrBbLL .EE acres
}
burg
, Virginia
more or less of land in Rappahannock
At law
County of Virginia
-
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To the honorable,
John Paul,
Judge of the said Court,
ho- comes William
.
H Grannis , one
of the claimants to
..
an estate in certain timber growing on the land of the J J liiller
estate lying and being within
:- idge Mountains
it bart o
^
of Virginia,and situated ip Rappahannock County now being condemned
-
by the petitioner acting under the act or acts of the G neral As
sembly of Virginia, approved March 23rd 1928,short title of which
.
IT
1
Public Park Condemnation ” acts"( Acts o
1928 pa. ;e 1C 6 ) and
.
acepts to the findings of facts as to his claim,the said Villiam
H Grannis as filed in this cause ,and to the value thereof,and for h
'
.
his reasons for said exceptions;says;
-
.
ared tc
That the findings are so manifestly inadequate when coll
er with the competent evidence Produced by tl e excep
-
tant before the Board of Appraisal Commissioners as to give rise to
to the inference that the said Boa: d of Appraisal Commissioners or
-
were effected or influenced by fraud,corruption, parti
ality or some error, mistake or misapprehention of facts as to the
identity of the timber and land with reference to which such find
some of
:
i
-
-
ere made or some mistake of lav .as to the nature and effect of
the evidence , wit reference to hich such findings were made ; and
ings
.
That the findings were not responsive to the questions
of fact or fafcts of the value of the land or lands or timber grow
ing on the lands or estate or the interest of the exceptant V illiam
3
-
.
.
m
H Grannis therein or incidental damages which
.
said Board of Apprailers
.re
submitted to
�-
V
STATE COMMISSION ON CONSERVATION
I
In the
*
AND DEVELOPMENT OF THE STATE OF|
District Court of the
.
.
VIRGINIA
|
Unites States for the
PETITIONER
|
District of Virginia
vs
.
37.40Qf at Harrisonburg, Va
Clifton Ayler
acres more or less of land in Rap- {
.
pa; annock Count
.-
In lav.
•
of Virginia
To the Honorable,
John ]eul,
.
Judge of the said Court
The claimant and one of the defendants in the above
entitled cause prays a jury trial on quantum of damages
.
or compensation
.
Attorney for Claimant
t
�K
*~G
fip
•
h £--JLa A
<
^
M
-jud*** JLcSir
In the Dis rict Court, of tlfle
United States for the hestJr
n
'
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/
.
.
District of Virginia
71S2>. A
3
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/
/
O
\
State. Commission on Conse]
vation and developenent c f
the State of Vir inia
.
VS
-
TX rffottVT
Clifton Ayler and others
37.4C0 acres more or less
land in Rappahannock Countfy
ircinia.
«
."
II
Receptions to the report c f
tl e apprailal commission
etc.
$
,
;
i
>
1
>
I
. Clerk:-
i
hr
Please file etc.
^
h
Afty. for Claiojmt Grannis.
24*
t
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'
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.. INC.. BALTIMORE
LUCAS BROS
i
�. IN THE CIRCUIT COURT OP RAFPAHANNOCK COURT?.
VIRGINIA
The State Camraission on Conservation &Development ,
of the State of Virginia , Petitioner ,
.
v
-
Clifton Ayler and others , and thirty seven thousand ,
four hundred ( 37 , 400 ) acres , of land more or less ,
in Rappahannock County , Va defendants
.
.
.
. . Miller , Henry
These claimants , Evelyn T Miller , B E
.
.
-
.
T Miller , George Tyler ? Miller , William A Miller , C
. Booth, in response to an
Settle and Nannie M
. Miller , Julia U.
B
. R. .
order of His Honor , J
H
Alexander , Judge of the Circuit Court of Rappahamock County , entered in the
above
matter on
, 19.
day of
,
for
answer say:
.
1 That the undersigned are the claimants mentioned in
said order:
.
2
That the several tracts or parcels of land within
the area sought to be condemned , ownership of which is claimed by them,
or
in which they claim an interest , and with reference to which they have
severally filed their objections , are the same tracts or parcels which
were
found by the Appraisal Commissioners to be the lands severally owned by them
or in which they claim or appear to have an interest , as shown and delineated
on said map , read
.
together with said reports in exhibit sheets
Miller ,
.
B. F. Miller ,
T. Miller ,
Miller ,
William . Miller ,
C. B. Miller ,
Julia M. Settle ,
Evelyn T
Henry
George Tyler
A
.
.
Nannie M Booth
r
.
Counsel
LAW OFFICES
WEAVER & ARMSTRONG
FRONT ROYAL , VA
.
�The State Commission on Conservation
& Development of the State of Virginia ,
Petitioner ,
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. defendants.
Clifton Ayler , et als, etc
•©rder
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FITTED IN •
CLERK'S OFFICE
%
R APPAHANNOCK
*
COUNTY
^
19 J
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k
�I*
. IN THY CIRCUIT
VIRGINIA
.
COURT FOR RAPPAHANNOCK COUNTY
State Commission on Conservation &
)
v
)
)
Lira Fvelyh Tyler Miller , Julia M
C B Miller , George Tyler Miller ,
B F Miller ,
.
.
Development , Petitioner
Condemnation Proceedings
. SettleT,.H. M. Booth,
Miller and
.. ...
Qrder
Henry
,
Defendants
.
and Objectors
This day came the parties by their attorneys, before
. . . Alexander ,
the Honorable J
R
H
Court
Judge of the Circuit
for Rappahannock
County in chambers , at Leesburg , Virginia , pursuant to due and timely notice
to petitioner:
Defendants and objectors filed their additional grounds
of objection to the proceedings herein and to the report of the special
investigators and appraisers in so far as sane applies to the real estate ,
-
in which they hold an interest in the words and figures following , to wit:
.
1 The proceedings herein are without authority as the
State Commission on Conservation and Development has never by corporate
.
act taken the real estate herein sought to be condemned
.
2
There has
never been a
bona fide attempt to
real estate by treaty as required by section 4363 of the
.
3
as to a
Defendants and objectors
.
secure said
code
are denied a Judicial
hearing
just compensation of 1heir property condemned
herein :
( A)
The special investigators and appraisers are not a
judicial body , being authorized as individuals
or as a
body in the absence
of defendants and objectors to hear the evidence of interested parties,
unsworn , incompetent ,
giving opinion evidence , or irrelevant evidence ,
receive documentary evidence unknown to defendants, make inspections without
.
any restrictions and found their report therecu
( B ) The statute removes ajl restrictions on their conduct
which the decisions of the Virginia
.
values in condemnation proceedings
LAW OFFICES
WEAVER 8e ARMSTRONG
. .
FRONT ROYAL VA
Courts
imposed on officers ascertaining
�( C ) Their conduct throughout their investigations
was wholly at
.
variance with that of officers charged with judicial duties
-
( D ) The finding of the value of defendan
ts * property
-
was wholly inad
equate, plainly reflecting the influence of petitioners agents
with whom they
in
were constant association during the period of liieir investigation
.
( E ) When these defendants
secure a hearing in
Court they
are net
with affidavits taken without notice and without an opportunit
y to
see the
conduct of the witnesses and test their intelligence
cross
or
honesty by
-
examination, and have the burden not Qf showing a just value of their property
but a value such
-
Fourth
.
as will convict the investigators of misconduct
The real estate of these objectors is divided by County
lines
subjecting them to the oppression of duplicating their
defense in different
Judicial districts
and denying them a fair opportunity of showing the reflected
.
value of the different portions on each other
And these defendants and objectors now
move
the court under section
6175 of the Code to remove these proceedings into the Circuit Court of
Warren
County to be there consolidated with the proceedings now in progress
t
of hearing
looking to the condemnation of the portion of the tract
located in said County
of Warren, and they file the affidavit of George Tyler
.
..
of the deed of John J Miller to W
Milder , the certified copy
H Grannis , a copy of the report of partition
commissioners, and copies of affidavits filed in said proceedings; which said
motion was resisted by counsel for petitioner and the same was thereupon
argued
.1
#•
by counsel for both defendants and objectors, as well
as by counsel for petitioner ;
WHEREUPON , the Judge being of opinion that the Public Park Condemn
a
-
tion Act dearly contemplates and provides for the maintenance of
condemnation
proceedings
,
for so much of the lands of the defendants and of objectors as lie
in the Counties of Warren and Rappahannock respectively , in the respective
Circuit
^
Courts of said Count
and that good cause has not been shown for the removal
.,
of these proceedings from this Court to the Circuit Court of Warren County , Va
doth deny the aforesaid motion to remove this proceed
ing from this Court to
. JXKJ. «1*. I
tC1XGL n~.
frVs
/ AJL ^ Q LSJ-OO.U.U-*^
J
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{
LAW OFFICES
WEAVER Be ARMSTRON G
FRONT ROYAL, VA
.
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�r
the seme might be signed sealed and enrolled as a part of the record , which
.
is accordingly done
And defendants and objectors herein now moved the Court
to set a day for the final trial and hearing of the several matters of defence ,
but the
Court now now
consider thereof
.
being ready to nan a convenient day takes time to
*
Virginia
, will
of Rappahannock County ,
Court
The Clerk of the Circuit
enter the foregoing upon the C cramon Law Order Book
of his Court
as a vacation order.
%
Given under my hand in vacation , at chambers , in Leesburg ,
Virginia , this the
day of
t
,
.
.
1933
/
L
i
i
v
.
ri
Judge of the Circuit
County , Virginia
»
Court of Rappahannock
*
VIRGINIA:
Clerk ’ s
Office
of Rappahannock C ircuit Court
,
July
3r d , 1933 «
The f o r e g o i n g v a c a t i o n o r d e r was t h i s day r eceived i n t h e s a i d
o f f i c e and entered a s t h e r e i n d i r e c t e d
Teste *
LAW OFFICES
WEAVER & ARMSTRONG
F R O N T R O Y A L, V A
.
A
.
T
s
, Clerk.
�State Commission on Conservation
& Development ,
.
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.
Mrs IVelyn T Miller, et als
.
Order
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�LAW OFFICES
.
A R T H U R E COOK
SUITE 327 SOUTHERN BUILDING
WASHINGTON. D C
.
TELEPHONE NATIONAL 8 5 5®
July 25, 1933
.
.
Mr James M Settle ,
Clerk of the Circuit Court
.
of Rappahannock County, Vh
Washington, Virginia
.
.
Dear Mr Settle;
.
Enclosed ie affidavit of .Alfred B lies which we desire to
file with the other papers in The State Conmission on Conservation
and Development of the State of Virginia, versus Clifton jylor,
-
and Others, and Thirty Seven Thousand , Ibur Bund red ( 37, 400 ) Acres
.
of Land , More or Less, in Rappahannock County
.
Will you kindly file this affidavit accordingly
Sincerely yours,
�1
VIRGINIA: IN THE CIRCUIT COURT 0? RAPPAHANNOCK COUNTY
THE STATE COMMISSION ON CONSERVATION AND DEVELOPMENT
CP THE STATE OP VIRGINIA,
PETITIONER
-
.
V
.
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CLIFTON AYLOR AND OTHERS, AND THIRTY SEVEN THOUSAND
POUR HUNDRED (37,400) ACRES OP LAUD, MORE OR LESS ,
IN RAPPAHANNOCK COUNTY,
DEPENDANTS
AFFIDAVIT IN RE: CLAIM ALFRED B. ILES.
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�AFFIDAVIT.
The claimant, Alfred B. lies, Being sworn, deposes and says that
he is a mining engineer and is duly qualified to testify as to the
commercial value of the mineral deposits situate on the J. J Miller
tract of land , Mount Marshall , Virginia; that he prospected in the San
Juan and Leadville districts of Colorado from 1877 to 1898; that he was
superintendent of the Vuljmre mine at Leadville, operator of the Star o
\
the West mine at Silverton; in 1899 as manager of the A$o mines in
Arizona and discoverer of the disseminated copper ores of that district
a large portion of v/hich presents just such an occurence as appear on
the aforesaid tract of land on Mt. Marshall, viz; intrusions of quart
zite and porphyry in the basaltic rocks of that region > that the said - #
deposits constitute the entire copper resources of the New Cornelia AJ
Copper company, the greatest copper mine in that state; that the surface
showings of the Ajo deposits consists of small bunches stained rock
with little on no live mineral ; that affiant sunk five shafts to a depfK
of over one hundred feet each before he uncovered the wealth of copper
that underlies their surface covering of malapai ; these Ajo deposits al
so prove that it is not necessary for the adjacent country to covered
with mineral in order to make a mine, for theie is not another mineral
occurence within twenty miles of the J\jos ; that affiant was examining
engineer for the late J B. Haggin, travelling engineer for a New York
syndicate ,beaded by R £ Lounsbury, Isaac Untermyer , V/illard f • Ward ,
Anton Filers and Henry R Y/olcott, to examine the copper deposits of
the White and Copper rivers in Alaska; he was also commissioned to ex
amine the Bonanza mine of the Kennicott group , which has produced no no less than $20,000,000 in copper and silver from secondary ores only,
and there are no primary ores so far discovered in the district ; that
this also shows that there are' large mines of secondary ores and as wel\
as sulphides; in 1904-5 he was consulting engineer for the Alaska Treasure mines on Douglas Island ; consulting engineer for the Alaska i er
severance , operator of the Humboldt under lease , v/hich is now theAlaska- Juneau ; manager of the Alaska Copper Co. on the Kuskulina river
in AlaskaManager of the Virginia Gold Mining Co.,in Orange county,
Va.
Manager of the Ariadne Corporation at Silverton ; president and manager;
of the Blue Ridge Copper comp any, and his application for a certificate
from the Board of State Examiners of Virginia was passed upon Sett. 16 ,
1926 ; that he for several years made a close study on the ground of the
ores concentrated on the Miller tract of land before any active attempt u/tw
to mine the ores in a commercial manner ; that his investigations re
vealed that operations had been conducted previously to develop the- de
posits but had failed , not because of a lack of confidence in the prop erty, but on account of -insufficient capital , the difficulty of trans
porting - the ore to market and jihe low price then prevalent of the nonferros m e t a l s t h a t cavities or caves exist on that particular tract that ixdt he did not find elsewhere in the vicinity which allowed an£
examination of the formation to a depth of thirty to sixty feet , and in
each cave which he explored he found the surrounding rocks were impregn
nated with the copper minerals, native copper predominating, and nugget
of copper weighing one to five ounces were frequent ; that should the min
eral impregnation only exist to the depth and width that is there in
dicated , there would be a vast tonnage available of commercial ore; up
on the surface there are sizable bluffs or ledges plainly showing their
mineral content, while gjeat boulders containing the oxides as v/ ell as
native copper abound ;and bear mute testimony to the geat size of the
mineral zone ; affiant further states that to make a statement that ther«.
is not sufficiently large deposits to make a commercial possibility, is
misleading, for the number of mines in this country that found their
ore already mined on the top of the ground can be counted on the fingers
of one hand and it has been his experience to learn that no one can
see beyond the point of his pick ; Affiant states that the croppings on
the 1,000 acres are indicative of the presxence of ores below , and from
a miner's standpoint no better showing is needed to induce him to go
th ,
limit of his resource s in their development ; he says that he obtained <
a 2$“-year Lease of 1 ,000 acres of the J J Miller tract with a view to
opening a mine, he had built eight miles of v/ agon road , had opened the
ore body by a cut fifty feet- wide and a face fifteen feet high, in whicK
he found ore for the entire width and face, some very rich, and
from
this working two hundred tons of ore were extracted , a trial shipmen
t
to the American Metals Company showed a content of 6.40 copper , show
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ing an ideal grade of milling ore > and owing to present day methods of
treatment, proximity of markets and improved processes of ore reduction
this ore would pay a reasonable profit on its production; Affiant furth
er states that his expenditures amounted to $10,900 in building s for
blacksmith shop , machine shop and accommodations for the miners, the
construction of the road and the costs of mining ; that he was compelled
to abandon the project in the month of September, 1929 , on being notifi
ed that condemnation proceedings had been instituted
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. D. i933
Subscribed and sworn to before me this 22d day of July, A
A
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J- nsasiq oi snxwo bna < 910 3XtiIIJ;xn "lo absia Isabi na ani
lo aLoriJ’aiii
noxtox/ bai 9 io lo ssaasooiq bsvoiqcii bna aj s ixan lo d’ xnixo'xq , J'xxonrtaaaJ
xi twl JaalllA jHojti’ oubo'iq si i xio Jiloaq sld& noasa i B \aq blucrw 910 airlJ
10 J a anxblxx/ cf nx 00 v? tQI $ oi baiiutone, aervilbno
aixl Jaxtt 89 Bia 19
9 xtt t a xaniax gxtt 10I anoxiBboxmaoooB bxia qoria axiixioaxn t qoxla riJ ixn 32loaXcf
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VIRGINIA: III THE CIRCUIT COURT OP RAPPAHANNOCK COUNTY
THE STATE COMMISSION ON CONSERVATION AND DEVELOPMENT
PETITIONER
OP THE STATE OP VIRGINIA,
.
V
.-
CLIPTON AYLOR , AND OTHERS, AND THIRTY SEVEN THOUSAND,
POUR HUNDRED (37,400) ACRES OP LAND MORE OR LESS,
DEFENDANTS*
IN RAPPAHANNOCK COUNTY,
AFFIDAVIT.
COUNTY OP RAPPAHANNOCK ) SS:
)
STATE OF VIRGINIA
.
R. E Manual, being duly sworn, deposes and says that he has
had experience in metalic ore mining: that on August 25, 1930 he
appeared before the Board of Appraisal Commissioners at ’Washington
Virginia in the above styled cause, on behalf of Alfred B lies,
.
and at a hearing shceduled that date, testified in reference to
the claim of Alfred 3 lies in substance as follows:
.
That he was employed in 1929 and early 1930 by Mr* Alfred B *
lies as foreman of operations in opening a mine on Mount Marshall
on the J J Miller estate, and the construction of roads on tfie
. .
property to make possible hauling of ore to Front Royal, Virginia ;
that the mine was opened so as to expose a ledge of copper ore
twenty feet wide , and to
0
depth of ten feet; that during the said
employment he personally assisted in tracing the lode through
Mount Marshall for a distance of one mile ; that the ore taken
showed,in addition to oxides of copper, native copper in abundance,
some of the rock being held together by threads of native copper
that seemed to impregnate the whole of it;
That he assisted in the reconstruction of about eight miles
of Wagon road to the mine ; that employment in the mine and in
connection therewith for Mr. Alfred B * lies continued until
notice of condemnation proceedings to take the land for public
purposes , when further work of development was discontinued for
#•
that reason;
l
t
�-2
That he submitted to the Board of Appraisal Commissioners
one bushel of ore taken by him at random from the mine on Mount
Marshall under development by Mr lies on the J j. Miller estate
.
.
.
Subscribed and sworn to before me this
/ XJY
x
day of
.
, 1933
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VIRGINIA: IN THE CIRCUIT COURT OP RAPPAHANNOCK COUNTY
THE STATE COMMISSION ON CONSERVATION AND DEVELOPMENT
PETITIONER
OP THE STATE OP VIRGINIA,
.
V
--
CLIFTON AYLOR , AND OTHERS, AND THIRTY SEVEN THOUSAND,
POUR HUNDRED (37,400) ACRES OP LAND, MORE OR LESS
DEPENDANTS
IN RAPPAHANNOCK COUNTY,
.
.
APPIDAVIT
/pe ClAtwv A L F R F P 3 / L E S
DISTRICT OP COLUMBIA: SS:
.
Arthur E Cook being duly sworn, deposes and says that
he is attorney in fact for Alfred B. lies; that pursuant to
instructions of said Alfred B » lies he did on August 25, 1930,
appear before the Board of Appraisal commissions for
Rappahannock County, Virginia, in his behalf , and did present
to said Board the affidavit of Alfred 3« lies , sworn to on the
20th day of July, 1930, and reading as follows:
"The claimant, Alfred B » lies , deposes and
says:
"That he is the owner of a lease extending
five ( 25) years of one thousand (1000)
twenty
for
the
of
Miller Tract, situated near Washington,
acres
Virginia: That the said one thousand acres is min
eral land, bearing copper and other minerals.*
That the country rock is basalt through whichbearing
immense intrusions of quartzite, the copper
rock occur in irregular zones ; That the ore occurs
as cuprite, red oxide, copper glance and native
copper in abundance: That he has opened one of the
deposits by excavating an open cut fifty (5(J> ) feet
in width, from which several carloads of copper
ore have been extracted: That the average samplesto
of this ore have been sent for testing purposes
the American Metals Company, smelters and refiners
and Ladoux & Co assayers of New York, with the
resultant assay* of 6.00 copper per ton: That
after deducting the freight charges and treatment ;
there would be a considerable profit on the
mining and shipping of this ore; but that if the
ore was treated on the ground by the process which
has recently been perfected the profits resulting
therefrom would be much greater ; that the ore
bodies with reasonable development will maintain a
tonnage of at least a hundred (100) tons per day
-
-
.
-
^
�-2--
which can be mined and treated for not exceeding
six dollars ($6.00) a ton, having a daily profit
of one hundred six eight dollars (§168.00) at the
present depressed price of the copper metal ; that
should the price of copper never rise above eleven
(11) cents per pound , the profit for the remaining
twenty four (24) years of this lease would amount
to $1,361,200 less the royalty of lOf
! paid to the
lessors; that the affiant has repaired and built
for hauling ore and supplies eight miles of wagon
road to the mines ; has erected a mine building
for general purposes and expended about eleven
thousand dollars ($11,000) for labor , equipments
and improvements upon said property
-
-
.
Vs /
. ILES
ALFRED B
"Subscribed and sworn to before me this 30th day
of July, A D 1930.
..
"/s/ Rotary Public."
Subscribed and sworn to before me this
s \>
D* 1933*
110TARY PUBLIC
\
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�TELEPHONE
^PPerville
66 J
.
K . S POE
CONTRACTOR
&
BUILDER
UPPERVILLE. VA .
July 24 ,
1983
.
Valuations of buildings at Panorama Resort , Luray , Va ,
as follows:
Tea House ,
#16,168.30
Pilling station, entrance ,
toilets and oonerete ,
2, 603.98
Macadam in front of buildings •• a • • 2 , 500 oo
Old Tea Room ,
496.00
Oarage #1 and toilet ,
310 oo
Valley View Cottage ,
1, 677.00
Pairview Cottage ,
1, 007.68
"» Gable s Cottage ,
1, 009.20
Heater House ,
45.00
Bath House ,
682.00
Pine Crest Cottage ,
1, 300 oo
Garage # 2 ,
300 oo
Caretaker ' s Cottage ,
450 oo
1, 200 oo
> Oak Grove Cottage ,
Dining room and kitchen ,
2, 577.60
Servants ' quarters ,
490 oo
Waitresses ' Cottage
400 oo
Hotel ,
6.003 62
Total , • • • 338 , 204.16
.
/
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,
,
.
.
-
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.
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State of Virginia ,
County of Pauquier , to wit :
-
. .
I , K S Poe , Contractor and Builder , do solemnly
swear that the above valuation of buildings at panorama Resort is
true to the best of my knowledge and belief
.
/
S
July ,
.
Subscribed and sworn to before me this 24 th day of
1933
(LtULX-A.
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THE STATE CONSERVATION AMD DEVELOPMENT COMMISSION OP VIRGINIA
.
VS
. AND 37400
CLIPTON AYLOR ET ALS
It appearing to the Court
.
CRES OP LAND, MORE OR LESS
^
tnat there are pending negotiations
. on motion of John J. Miller's
for the compromise of these cases
heirs it is ordered tnat all exceptants oe granted an extension
of ten days from the date fixed in the last ordered heretofore
entered herein for the filing of affidavits in support of their
.
several exceptions
�n
/
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The State Conservation <2:
Development of the State of Va,
VS;
Order
Clifton A$lor, et als &C
1
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Sntered July 17 »
Order Book
1933 *
"HM ,page
114
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OFFICE:
OF
COUNTY CLERK
OF RAPPAHANNOCK COUNTY
WASHINGTON , VIRGINIA
H O N J. R . H. A L E X A N D E R, J U D G E
.
JAS M SETTLE CLERK
.
ELIZABETH H DE BEROH DEP
CLERK
.
April 13th, 1933
Judge J R H Alexander,
Leesburg, Virginia
.
My dear Judges
I am herewith enclosing letter
this day received from William D Medley and
Arthur E Cook, attorneys for Alfred B Isles,
together with motion for extension of time
and exceptions to report of Appraisal Com
missioners for Shenandoah Rational Park
.
. .
.-
I am sending you these papers
for such action as you may deem necessary
.
Sincerely yours,
JII3/s
�A S S O C I A T E S—
GLENN WILLETT
C H A S K E R S H E N B A U M. C P A
A R T H U R E. C O O K
G E O. W A L T E R S M I T H
HUGH M FRAMPTON
WILLIAM D MEDLEY
LAW OFFICES
S U I T E 3 2 7, S O U T H E R N B U I L D I N G
W A S H I N G T O N . D C.
METROPOLITAN 4042
Airil 12, 1933
.
James M Settle, Clerk,
Circuit Court of Rappahannock County,
Washington, Virginia
Dear Sir:
We are enclosing a Motion for Extension of Time in which
to file exceptions to the Report of the Appraisal Commission
ers in the matter of the claim of Alfred B « lies in the cause
of the State Commission on Conservation and Development of
the state of Virginia vs. Clifton Aylor and others, and thirty
seven thousand four hundred (37,400) acres of land more or
less. We are also enclosing the exceptions to be filed in the
event that the Court grants the motion for extension of time
-
-
.
in which they may be filed
Since our reasons for making this motion ere fully set
out in the motion itsrlf we feel that it is possible for you,
as Clerk of the Court , to present the matter to the Court for
its consideration, If you will do this we will greatly appre
ciate your kindness as it will thus relieve us of the necessity
of coming quite some distance
-
.
Thankihg you for your courtesy in this matter we ere,
Yours very truly,
3
ATTORNEYS EOR ALFRED B. IISS
WDM/b
Encs. 3 .
�IN THE CIRCUIT COURT OF RAPPAHANNOCK COUNTY, VIRGINIA
THE STATE COMMISSION OF CONSERVATION
AND DEVELOPMENT, OF THE STATE OF
VIRGINIA,
Petitioner,
-
)
)
)
)
)
)
)
)
)
CLIFTON AYLOR AND OTHERS, end thirty
seven thousand four hundred (37,400) )
acres of land more or 1*88,
)
.
Defendants
)
)
EXCEPTIONS TO REPORT OF APPRAISAL COMMISSION
BY ALFRED B ILES, DEFENDANT.
.
.
1
This cause came on to be heard before the Board of
Appraisal Commissioners, and pursuant to hearing scheduled
August 25, 1930, at Washington, Virginia, testimony was taken
. R. Manuel, to the effect that
from witness R
he was foreman of
. lies, in mining operations
operations for defendant, Alfred B
under a certain mining lease the subject of these proceedings;
-
that said operations were ceased upon the commencement of pro
ceedings by the petitioner to condemn the land under authority
of The Public Park Condemnation Aet; that & lode of mineral ore
had at that time been opened to approximately twenty feet in
width and more than ten feet in height ; that said lode had been
definitely located to extend through Mount Marshall, on the
-
land lease of this defendant, for a distance of exceeding one
mile; that mine buildings for general purposes, and roadways had
been partially constructed to facilitate removal of said ore;
that the project was abandoned solely because of commencement of
said condemnation; that there was submitted approximately one
hundred pounds of copper ore , which it was testified by the said
.
R * E Manuel had been taken from the property, and representative
of the lode uncovered ; and affidavit stating expenditures upon
.
the property, the result of assays maae by assayers and smelters
�-St
and estimated content of said lode upon the leased land was
submitted by defendant*
£•
Hotelthe tending that hearing was held , testimony
taken, and evidence of mineral submitted, the said Board of
Appraisal Commissioners rendered the following report, which
not only negatives any value in oaid lease, but even infere
that defendant never presented any evidence, or was heard, in
any manner whatsoever;
f
-
.
64 1 ITeme of Claimant, lies, Alfred B
"Location; Mining lease on 1000 acre tract*
"There is no evidence before ua as to
any potential value, we have given Hr lies
every opportunity to procure some evidence
of mineral value, but has failed to do so
.
.
..
"Geo H Levi, Clerk
-
.
Appraisal Comm'rs
"Incidental dmagee arising from taking of
this traot
$ none "
-
.
3
.
.
The defendant Alfred B lies excepts to the above report
in its entirety for the reasons Btated in paragraph 1, hereof,
that the report does not set forth the facts of evidence sub
-
mitted , and for the further reason that the Board of Appraisal
Commissioners ie required not only to determine "potential
value", but is required to make a finding in relation to the
value of existing property right, at the time of commencement of
the proceedings, including the value of improvements renasred
useless to the defendant by the foot that the said condemnation
deprived him of his right to use the property in accordance
with his then vested right therein; that no Judicial, nor
queai
Judicial authority has the right arbitrarily to state that
a leasehold is of no value whatsoever, and thus lightly take
private property . without any compensation therefor
.
�- 3-
.
Wherefore the Defendant, Alfred » Ilea, exoepts to
the entire report, and prays that It be set aside, and a determ
4
.
-
ination of the ralae of hie leasehold right In the said property
be made as of the time of the commencement of the condemnation
.
proceedings
.
WILLIAM D MEDLEY
ARTHUR E . COOK
ATTORNEYS FOR DEFEJTDAHT ,
ALFRED B ILES *
.
.
WILLIAM D MEDLEY and
ARTHUR 8 COOK
3 £ 7 Southern Building ,
Washington , D « C »
ATTORREY2 FOR DEFEHDART
ALFRED B . II •
.
�m
H
mm
JAS. M . SETTLE
CLERK O F T H E CIRCUIT COURT
.
FOR RAPPAHANNOCK CO.
.
WASHINGTON
.
VIRGINIA
*
ft
Judge J R H Alexander
Leesburg,
Virginia.
\
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t
:
III THE CIRCUIT COURT
C?
RAPPAHANNOCK COUNTY, VIRGINIA
%
-
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. ISSION ON CONSER
THE STATE COLS'
VATION AND DEVELOP:
STATE OP VIRGINIA
.
C, OR THE
Petitioner,
-VS-
«
9
CLIFTON aYLOE AND OTHERS, and
thirty seven thousand four
hundred (37,400) acres of
land more or less
-
k
.
Lefendanta.
EXCEPTIONS TO RETORT
OP
APPRAISAL C0X1ISSI0N
4
WILL IA.? D. MEDLEY and
ARTHUR R COOH
.
327 Southern Building,
Washington, D C ,
c
.
ATTORNEYS FOR DEPENDANT, ALFRED
3. ILES
.
0
4
�•
IH THE CIRCUIT COURT 0? RAPPAHANNOCK COUNTY, VIRGINIA
THE STATE COMMISSION ON CONSERVATION
AND DEVELOPMENT, OP THE STATE OP
VIRGINIA,
)
)
)
)
)
Petitioner,
)
vs
)
)
CLIPTON AYLOR AND OTHERS, and thirty
)
3 even thousand four hundred ( 37,400 ) )
acres of land more or less,
;
)
)
Defendants
--
-
.
EXCEPTIONS TO REPORT 0? APPRAISAL COMMISSION
BY ALPRED B ILES, DEPENDANT
.
.
.
1
This cause came on to be heard before the Board of
Appraisal Commissioners, and pursuant to hearing scheduled
August 25, 1930, et Washington, Virginia, testimony was taken
. E. Manuel, to the effect that he was foreman of
from witness R
. lies , in mining
operations for defendant, Alfred B
operations
under a certain mining lease the subject of these proceedings ;
-
that said operations were ceased upon the commencement of pro
ceedings by the petitioner to condemn the land under authority
of The public Park Condemnation Act ; that a lode of mineral ore
had at that time been opened to approximately twenty feet in
width and more than ten feet in heieht ; that said lode had been
definifely located to extend through Mount Marshall, on the
-
land lease of this defendant, for a distance of exceeding one
mile ; that mine buildings for general purposes, and roadways had
been partially constructed to facilitate removal of said ore;
that the project was abandoned solely because of commencement of
said condemnation; that there was submitted approximately one
hundred pounds
of copper
ore, which it was testified by the said
R E Manuel had been taken from the property, and representative
of the lode uncovered ; and affidavit stating expenditures upon
. .
the property, the result of assays made by assayers and
smelters,
ii iS
�- 4.-
and estimated content of said lode upon the leased land was
.
submitted by defendant
*
£•
Notwithstending that hearing was held, testimony
taken, and evidence of mineral submitted , the said Board of
Appraisal Commissioners rendered the following report, which
not only negatives any value in said lease, but even infers
that defendant never presented any evidence, or was heard , in
any manner whatsoever ;
-Jr
-
64 1
.
Name of Claimant, lies , Alfred B
"Location; Mining lease on 1000 acre tract.
"There is no evidence before us as to
any potential value
We have given Hr lies
every opportunity to procure some evidence
of mineral value, but has failed to do so
.
"Geo. H« Levi, Clerk
.
-
.
Appraisal Comm'rs.
"Incidental dmages arising from taking of
this tract
£ none "
-
.
3
.
The defendant Alfred B » lies excepts to the above report
in its entirety for the reasons stated in paragraph 1, hereof,
that the report does not set forth the facts of evidence sub
-
-
mitted , and for the further reason that the Board of Appraisal
Commissioners is required not only to determine "potential
value", but is required to make a finding in relation to the
value of existing property right , at the time of commencement of
the proceedings , including the value of improvements rendered
useless to the defendant by the faot that the said condemnation
deprived him of his right to use the property in accordance
with his then vested right therein; that no judicial , nor
quasi judicial authority has the right arbitrarily to state that
»
a leasehold is of no value whatsoever, and thus lightly take
.
private property, without any compensation therefor
�-3-
.
Wherefore the Defendant, Alfred B » lies, excepts to
the entire report, and prays that it be set aside , and a determ
4
-
ination of the value of his leasehold right in the said property
be made as of the time of the commencement of the condemnation
proceedings*
A.
WILLIAM D» MEDLEY
'A/\
^
.
A
ARTHUR E COOK
ATTORN::LYS FOR DEFENDANT,
ALFRED B ILES
.
.
WILLIAM D MEDLEY and
ARTHUR E. COOK
327 Southern Building,
Washington, D C *
.
ATTORNEYS FOR DEFENDANT
ALFRED B ILES
.
.
.
�IK THE CIRCUIT COURT
OF
RAPPAHANNOCK COUK1Y
. VIRGINIA
STATE COMMISSION ON CONSER VATION AND DEVELOPMENT OF THE
STATE OF VIRGINIA ,
TtJS
.
Pet itionert
- vs «
CLIFTON AYLOR AND OTHERS , and
thirty seven thousand four
hundred ( ? 7 , 4 QQ ) acres of land
more or less
-
.
Defendants .
EXCEPTIONS TO REPORT
OF
APPRAISAL COMMISSION
..
C
$ - / ?33'
WILLIAM E MEDLEY and
ARTHUR E COOK ,
3 £ 7 southern Building ,
Washington , D C «
ATTORNEYS FOR DEFENDANT ,
ALFRED B ILES
.
.
.
�Vb
III THE CIRUCIT COURT OP RAPPAHANNOCK COUNTY, VIRGINIA
THE STATE COMMISSION ON CONSERVATION
AND DEVELOPMENT OP TEE STATE OF
VIRGINIA ,
)
)
)
)
)
)
Petitioner,
-vs —
)
-
CLIFTON AYLOR AND OTHERS, and thirty
seven thousand four hundred (37,400)
aores of land more or less
.
.
Defendants
J
)
)
)
)
)
NOTION FOR EXTENSION OF TIME
. lies, by
Now comes Alfred B
his attorneys, William D » Medley
.
and Arthur E Cook, and moves this honorable Court for extension
of time to ten days from the hearing hereon in which to file
exceptions to the Report of the Appraisal Commissioners , filed
in this Court on the eighteenth day of May, 1932, and gives as
reasons therefor;
.
That no notice of the filing of said report was received
by this defendant or his attorneys , notwithstanding that
diligent efforts to obtain Information concerning the same were
made by this defendant and his attorney, Arthur E» Cook ; that
the Board of Appraisal Commissioners was advised in July 24,
. Ilea from
1930, of the removal of Mr
. C., to
Washington, D
Colorado Springs, Colorado; that subsequently correspondence
with the Clerk of said board was with defendant's attorney,
Arthur E. Cook, who represented the defendant at a hearing con
^
ducted pursuant to order of this Court; that said attorney was
-
advised that he Would be advised of the filing of said report,
but notwithstanding several inquiries in regard thereto neither
#•
*
.
defendant nor his attorney has received notice thereof
�-2-
Your petitioner has ready for filing in this cause exceptions
to the said report, and therefore prays that the same may be
.
accepted and considered herein
Attorneys for ALFRED B. ILES,
defendant.
WILLIAM D. MEDLEY,
ARTHUR E. COOK,
327 Southern Building,
Washington, D C
.
.
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IN THE CIRCUIT COURT
OF
RAPPAHANNOCK COUNTY VIRGINIA
#
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THE STATE COMMISSION ON CONSER
VATION AND DEVELOPMENT OF THE
STATE OF VIRGINIA
.
Petitioner ,
•V S
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t
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CLIFTON AYLOR AND OTHERS , end
thirty seven thousand four hu
hundred (37,400) acres of
land more or less ,
-
Defendants.
MOTION FOR EXTENSION OF TIME
«
6< - /
? 33.
. MEDLEY
7IIL1 A.- TJ
.
and
ARTHUR E COON.
o
Ti'tLl southern Building ,
Washington, D « C
.
ATTORNEYS FOR DEFENDANT,
X a-. VC.
•
ALFRED B. TT
*
�IN TH3 CIRCUIT COURT OF RAPPAHANNOCK COUNTY, VIRGINIA,
.
MONDAY, MAY 8th, 1933
.
Thi.3 day came Alfred B Isles, by counsel, and moved the Court
for leave to file exceptions to report of Appraisal Commissioners
filed on May 18, 1932 in the condemnation proceedings of State
Commission on Conservation and development of the State of
. Clifton Aylor, et al •
Virginia vs
3
y
which motion the Court doth
grant, subject however to such exceptions as may be made and
filed thereto ;
.
whereupon said exceptions were filed
-
A C0PY T3STS:
.
Clerk
*
»
�£> tate Glammifiaimt mt (Emtamiatimt nnb Dmlnpmpttt
RICHMOND. VA.
WILLIAM E . CARSON , CHAIRMAN , RIVERTON
COLEMAN WORTHAM , VICE CHAIRMAN, RICHMOND
JUNIUS P FISHBURN , ROANOKE
E GRIFFITH DODSON NORFOLK
RUFUS G ROBERTS CULPEPER
THOMAS L FARRAR CHARLOTTESVILLE
LEE LONG DANTE
.
.
.
.
.
GEOLOGICAL SURVEY
WATER RESOURCES AND POWER
FOREST SERVICE
PARKS
ARCHAEOLOGY AND HISTORY
STATE PUBLICITY
.
.
.
.
ELMER O FIPPIN ,
EXECUTIVE
SECRETARY
BUREAUS O F THE COMMISSION
AND TREASURER
the meeting of the State Commission on
Conservation and Development , held in Richmond,
December 21, 1928, the following motion was made by
Mr V/ortham, seconded by Mr Pishburn , and carried:
.
.
"For the purposes contemplated in Section
twenty four 124 ) of the Public Park Condemnation
Act , William E Carson, chairman of the State Com
mission on Conservation and Development , is hereby
designated and appointed in writing the representa
tive, agent , and attorney of the said Commission ,
through whom the Commission desires to act in the
institution and maintenance of proceedings looking
to the acquirement , by condemnation proceedings or
otherwise , of title to lands and other property,
for a public park or for public park purposes under
authority of the Rational Park Act , and the Executive
Secretary of the Commission is hereby authorized and
directed to furnish to the said William E. Carson,
Chairman of the State Commission on Conservation and
Development , such properly certified copies of this
resolution for file with the record of any such con
demnation proceedings which may be instituted under
authority of said Public Park Condemnation Act ”
-
.
-
-
-
.
Subscribed and sworn to before me this
28th day of October , 1929
.
yv
.
Notary Public
6
My commission expires October
16, 1932.
��wf
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PETITIuN w ? TME STATE CON
SEDATION ANJ DEVELOPMENT oF THE
STATE OF VIRGINIA , FOR THE CON
DUCTION OF LANDS IN
COUNTY
*
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P E T I T I O N
Sua- a/i 7 ho
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LAW OFFICES
WEAVER & ARMSTRONG
FRONT ROYAL, VA.
:)
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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
Rappahannock County SNP Records: Court Proceedings
Description
An account of the resource
The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock County, Virginia. This was a court case initiated by the state of Virginia in order to acquire privately held land located within the boundary of Rappahannock County in the northern Blue Ridge Mountains. Within the boundaries of eight counties, the state of Virginia, in collaboration with the Federal government, used eminent domain 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 to create the Shenandoah National Park. The documents in this collection are the legal proceedings for each individual tract of land that made up the one court case. In most cases, the individual case files consist of property surveys, assessments for the value of the land and improvements, and claims by the owner of the property.
Creator
An entity primarily responsible for making the resource
Rappahannock County Circuit Courthouse
Publisher
An entity responsible for making the resource available
JMU Libraries
Date
A point or period of time associated with an event in the lifecycle of the resource
Bulk of the collection dates 1930 to 1934
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/.
Title
A name given to the resource
Miller, JJ Estate
Description
An account of the resource
<p><strong>Tract: </strong>54; </p><p><strong>Location: </strong>East side of Little Devil Stairs Run near top of Blue Ridge; </p><p><strong>Cost/Acre: </strong>$9.50; </p><p><strong>Estimate Value: </strong>$260.00; </p><p><strong>Number of Acres: </strong>104.0; </p><p><strong>Monies Awarded: </strong>$260.00</p>
Source
A related resource from which the described resource is derived
Rappahannock County Circuit Courthouse
Publisher
An entity responsible for making the resource available
JMU Libraries
Rights
Information about rights held in and over the resource
<a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a>
Format
The file format, physical medium, or dimensions of the resource
PDF
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 54
Identifier
An unambiguous reference to the resource within a given context
miller-jj-estate-tract-54
Booth
Grannis
Iles
Miller
Roy
Settle