1
20
2
-
https://omeka.lib.jmu.edu/erp/files/original/a6f2d5951a8b3c84dbe4c12f70e2e798.pdf
fd19e52d479462e40bdb7da551348e3f
PDF Text
Text
NAME OF CLAIMANT
i/355 - Eiler , Howard
Number of Acres:
15
Location:
On top of the Blue Ridge , lying in both Rockingham and Greene
This report
Counties and is entirely within the Park area .
.
County
covers only the report for Rockingham
Roads:
Nine miles of dirt road to Yancey , the nearest shipping point .
Soil:
of good dept h and fertility with some loose rock .
land is steep and rocky. The grazing land has fine
There are sor1e thin spots
turf r:i th few weeds .
]lc!_&.9"-~r grasses . The woodland grazing is mostly
l:r.'~ 4'-i.m: poor soil with a thin stand of weeds .
H'ffl-w.1..lt ..YA...u-AAOlXandxoomiitiull.h.Vil.l\..11
History of tract and condition of timber: The wooded area has been
cut over at various times and there is no mer~hantable timber .
There is a stand of hardwood and a fe v pines ranging up to 12"
DBH.
Sandy loam
The w oded
blue grass
..J..~i,th _crab.
Improvements:
None .
Acreage and value of types:
Types
Acreage
Value per acre
Total Value
6
...,5 . 00
$30 . 00
9
50 . 00
4::50 . 00
$480 . 00
Ridge:
Slope:
Cove:
Grazing Land:
15
Fields Restocking:
Cultivated Land:
Orchard:
Minerals:
Value of Land: $ 480 . 00
Value of Improvements: $
Value of Orchard : $
Value of Minerals: $
Value of Fruit: $
Value of Timber: $
Value of Wood: $
Value per acre for tract: $ 32 . 00
1,\
Incidental damages arising from the taking of this tract: $
NONJ~ .
1·:,1
�•
J
county:
Di triot;
Rockingham
ston all
County:
Di st r1 ct :
Gre ne
onro
ard - oo 1ngham Oo .
urd - Gr ene Countz
oreage
Ass
Valuo Cl 1med:
Loo·tion:
s d:
Assessed:
7500 .... '1000
129
1161. 00
Deed:
129 A.
Deed:
2170 . 00
(1906)
damag s
top of the Blue Ridge, lying 1n both Rockingham a nd Greene
Counties
nd 1s entirely ithin t
Pti.rk rea . Thia report ·
aovere only the report for Rockingham county.
on
Inoumbr noes, counter olnirns or laps:
None kno n .
Soil:
Sandy lorn of good depth nd fertility 1th some loose rook .
The wooded land is steep and rocky. The grazing land hes
fine blue grass turf with fe
eeds, Thar are some thin spots
1th crab and other gr-..sses . The woodland grazing is mos·tly
poor soil with u tnin st nd of eeds.
Ro de;
Nina
les of dirt roud to Yancey, the nearest shi ping point .
I story of
The ooded area has been out
and tiler 1 no merchant ble timber.
und a few pines ranging up to
-----
Improvements:
t ,
there ar
$25. 00
stimate
to be 500 locust posts
fone .
V lue;. ot land by types;
(Rookingh m County)
Value
aore
5e·3. 50
55 . 00
I
1ottl value of l nd
Total vale of traot
v rage v l e per or
2! . 00
220 . 00
241. 00
241 . 00
241.00
24.10
x -- This tract and the
raot . Lines A01 the ground m·y
Tot l
Value
o ard ~iler trot are subdivisions of
l · rg r
ru survey d d corn r F as tied in . The steepnes~
ooount
or th error of thl older sirveys.
�-
•
county:
District:
Rockingham
s tone a ll
#355 - ~iler, Hoard - Bookingham co .
#152 - 31ler, 1o
Va lue of l and
Type
bY
Gr a zing
oodland grazing
Tota l va lue
Tot l vale
Tota l value
veruge va l
rd - Greene County
tlJ)es:
(Greene County)
Value
Acre ge
12er a cre
6 40 . 00
93
I
l'l
110
of land
of timber
of trot
a per · ore
6.00
Tota l
Va lue
$3?20. 00
102.00
3822. 00
25 . 00
$3847.00
34 . 97
SUMW RY
Rockingham. & Greene Counties
Tota l a oreage
120
Tota l va l 1e
4088.00
~verage v l ue per . ore
34. 07
1€~
�•
I
•
IN THE CIRCUIT COURT OF ROCKINGH.AI~ COUNTY,VIRGINI~.
The State Commission on
Conservation and Development
of the State of Virginia,
v.
PETITIONER.
At Law, No . 1829.
Cassandra Lawson Atkins and others ,
On this
,?- tJ
~
DEFENDANTS.
day of December , 1933 , came Howard R.
Eil er and Fox n. Eiler , and, on their motion, leave is given
them to file their application for disbursement of the sum of
Four Thousand, Six Hundred ilOllars {$4 , 600. 00), the amount of
the award set out in the judgment of condemnation for Traot No .
180 and heretofore paid into court •
.And likewise came D. W. Earman, who asked permission to
file hie answer to said application , which is accordingly
filed •
.A.nd it /.pearing to the Court that said tract of land
was conveyed to the s aid Howard R. Eiler and Fox n. Eiler , jointly ,by Elizabeth K. Miller and her husband , by deed dated January 28, 1902, recorded in the Clerk's Office of said Court in
D. B. No. 67 , at Page 144; that said Howard R.Eiler and Fox D.
Eiler are invested with a superior or better right or claim or
title in and to said tract of land No . 180 than aey other person or persons; that the taxes due on said tract No. 180 have
been paid , and that the interest of said Fox D.Eiler in said
tract of land is subject to the lien of a deed of trust in favor
of said D. w. Earman, he being the holder of the bond for One
Thousand Dollars ( )1 , 000. 00) thereby secured:
Upon consideration whereof , it is considered and ordered
by the court that said sum of Four Thousand , Six Eundred Dol lars (.;)4,600. 00), paid into court by petitioner as just compensation for Tract No. 180, be disbursed as follows: Twenty-three
�•
__ ...,., __
HUndred Dollars ( 4 2 , 300. 00) , one- half thereof, shall be paid
to said Howard R. Eiler, and, of the remainder, One Thousand Dollars ($1 , 000 . 00) shall be paid to said n. w. Earman , and Thirteen
HUndred Dollars ( $1,300. 00) to Fox D. Eiler, and the Clerk of
this Court is direoted to transmit a oertified copy of this order
to the TreasUl·er of Virginia , who shall disburse s aid sum of
Four Thousand, Six Hundred Dollars ($4 , 600. 00 ) as above set out ,
taking from the said Howard R. Ei l er, n. w. Earman , and Fox D. Eiler ,
receipts for the amounts paid to them , and certifying such payments to the Clerk of this Court for appropriate entry thereof , as
required by law.
Enter .
~ 9_:_
~------!.~Judge- -'
.
�·IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY, VIRGINIA.
The State Commission on
Censervation and Development
of the State of Virginia
v.
Cassandra Lawson Atkins, and others
and Fifty-two Thousand, Five Hundred
and Sixty-one {52561) acres of land,
mo re or less.
The separate answer of D.
w.
Farman to a petition filed
in this cause in the Circuit Court of Rockingham County by F. D.
and H. R. Eiler.
This respondent for answer to said petition, or to so
much thereof as he is advised it is material for him to answer,
answers and says:
F. D. Eiler
That it is true that petitioner~and his wife conveyed
~he real estate described in said petition situate on the Blue
Ridge Mountain in Rockingham County, Virginia, known and designated
on the map of the park lands as Tract No.
JR'IJ
to D.
w. Farm.an,
Trustee by deed dated March 29, 1933, recorded in the Clerk's Office
of this Court in Deed Book 1.:,-Lj page .J..
'f7,
to secure the payment
of the principal sum of One Thousand Dollars ($1,000.00), as evidenced by a certain Homestead Waiver bond of even date with said
deed made by F. D. Eiler and wife, said bond being now held and
owned by your respondent, D. W. Farman, which said bond is due
and payable two years after date, and on which interest has been
paid in advance to N..a.rch 29, 1934.
Respondent joins in the prayer of said petition for the
distribution of said fund as set out therein.
And he will ever pray, etc.
L/V
�IU THE CPWUIT COURT OF ROCKING
. COUNTY, VIRGI!H ·•
The state Commission on
Conservation and Development
of the St8te of Virginia,
PETITIONER ,
Ii
v.
t Law No. 1829.
Cassandra Lawson ~i.tkins and others,
DEFEND.ANTS.
TO THE HON. H. ·1. BERTRJ ! , JUDGE OF S ~ID COURT .
You.r petitioners, Howard R.:Siler and Fox D.Eiler, respectfully represent that a judgment in rem has heretofore been
entered in this proceeding, condemning to the use of the petitioner
I
the fee simple estate in a tract of land forme1•ly the property of
you.r petitioners, situate on the Blue Ridge 1~ountain, in the eastern portion of Stonewall District, Rockingham County, Virginia ,
which tract is described in the report of the ~1.ppraisal Commissioners
herein, and shown , numbered, and delineated on the County Ownership
Map, filed herewith , as Tract I-io. 180, at the price of , 4 , 600.00 ,
this being a part of a tract of land v1hioh was conveyed to you.r
petitioners jointly brf Elizabeth K. Hiller and r offett G.Miller ,
her husband , by deed bearing date January ? 8 , 1902, and of record
in the Clerk's Office of this Court in D.B. No. 67 , at Page 144.
Your petitioners further show to the Gou.rt that all
I
taxes against s~id property have been paid to and including the
year 1963, and they here\ ith file certificates to that effect from
M.H.Harrison, Treasur er of Rockingham County, and J.hobert SWitzer,
Clerk of the Circuit Court of Rockingham County,
hich certificates
are m rked Certificates Noa . 1 and 2, respectively , and prayed to be
read as a part hereof.
Your petitioner, ~ox D. Eiler , further shows to the Court
that, by deed dated March 29, 19.33 , he, his ·w ife uniting therein,
conveyed hie undivided one-half interest in the said tract of land
~'11 -
�--2--to D• .!. Earman, Trustee , to secure the payment of One Thousand Dollars ( 1 , 000. 00) and all interest accruing on same , which said
principal sum is evidenced by a certain homestead waiver bond of
even date with said deed, due and payable to bearer two years after
date , with interest from date at the rate of six per cent . per annum, interest pay·ble annu lly ; that D. W. ?arman is the holder of
said bond , and that interest on same has been paid to date .
Your petitioner, Fox n.Eile~ further says that the aforesaid deed of trust is the only lien resting on his interest in the
said property.
d your petitioner, Howard R. Eiler,further says that his
undivided one-half interest in said property is unencumbered .
Your petitioners further state that no other person than
the above named D. V!• ..t!,arman is interested in the distribution of the
said award.
7Jherefore , your petitioners pray that they may be made
parties herein and be allowed to file their petition in these proceedings ; that the said n. ··r. ~arman may be made party defendant to
t nis petition , and be required to answer the same , answer under
oath being waived ; that an order may be entered in this prooeeding
for the distribution of said award, and that your petitioners may
have such other and further relief as t h e nature of t he case may
require .
-state of Virginia ,
County of Rockingham, to-wit :
This d~y Howard R. ....iler and Fox D.Eiler , the petitioners
in the a bove entitled matter , personally appeared before me,
�---D-~ ~ -~·~-~·-'
~ .......
{ La
___d.....::;:.-(--J...-~
a Notary Public in and for the County
and State aforesaid, and , being first duly sworn , deposes and say
that they are petitioners in the named matter ; that they are aoquc inted with the facts therein set forth , and that the said facts
are true and correct to the best of their knowledge and belief.
STATE OF VI RGI NIA
COUNTY OF ROCKINGHAM, to- wit :
I , J . Robert Switzer, Glerk of the Circuit Court
of Rockingham County do hereby certify that the recor ds in my
off ice do not show a{y delinquent taxes a gainst the tract of 138
acres in Stonewall District, assessed in the name of H. R. and
F . D. Eiler .
Given under my hand this 18th day of December , 1933 .
Clerk of the Circu;_;t
County ,
vt58
of Rockingham
�M.
H. HARRISON
TREASURER OF ROCKINGHAM COUNTY
HARRISONBURG, VIRGINIA
To · ,horn It May Concern:
I hereby certify that the
records of my office sho~ th~t il . R. and F . D. :iler
have paid the tsxes for the ~errs 1932 and 1Y33 on
their tr';l.ct of 138 acres of lond situata in the
Blue Rid9;e I ountains, Stonewall District , :rtockinr<'.ham
County .
All taxes ~rior to that time,
if any be unpaid, are a matter of record in the
Clerk 's Office of sRid County.
Given under my hand this 18th
dav of ~ecember 1Y33.
�THIS DEED made this 29th day March, 1933, by and
between Fox D. ~iler and Gertrude A. Eiler , his wife, parties of the
first part , and D.
d.
Earrmn , Trustee, party of the second part,
W I T J\! S S S E T H :
That for and in consideration of the sum of One Dollar
($1.00) cash in t1and paid by the party of the second part to the parties of the first part , the receipt whereof is hereby acknowledged,
and upon the trust hereinafter declared, they, the said parties of
the first part, do hereby grant and convey with general warranty of
title unto the said D.
w.
Earman, Trustee, party of the second part,
an undivided one-half interest in that certain tract or parcel of
land, consisting of 185 acres, more or less, with the improvements
thereon and aQpurtenances thereur. to belonging, the same being situate
partly L.1 Rocking.Jam County and partly in Greene County, Virginia,
and lying on t. e east side of the public road crossing Simmons Gap,
said tract of land being the same conveyed to Howard R. ~iler and
Fox D. Eiler as joint tenants by Elizabeth K. 1 iller and Voffett G.
l.1iller , her :1usband , by deed bearing date January 28, 1902, of record
in the Clerk 's Off ice of Rockingham County, Virginia in Deed Book 67 ,
paee 144, to w:iich said deed reference is hereby made for further and
more particular description of said real estate .
IN TRUsr N1VERTHELFSS to secure the principal sum of
ONE THOUSAND "JOLLARS ($1,000 . 00) and al 1 interest hereafter accruing
on same, which said princinal sum is evidenced by a certain Homestead
Wavi er bond of even date herewith in the sum of One Thousand Dollars
( ;1,000 . 00) due and payable to bearer two years after date with interest from date at the rate of six per cent per annum, interest payable
annually, and which said bond is identified by the Truste , 's signature
endorsed thereon.
It is mutually understood and agreed between the parties
hereto that if there shall be any default in the payment of said bond,
or in the payment of interest when due , then the total debt herein
secured shall become c...ue and payable at once, and ' the 'I'rustee herein
�upon the request of the iolder of said bond so to do shall proceed
to execute this trust in accordance with Section 5167 of the Code
of Virginia , 1919
'dition , and the Acts amendatory thereof .
It is understood and agreed between the parties hereto
that in the event the Trustee herein advertises for sale the property
herein convayed agreeable to the terms her of an~ payment or assignment is made of the indebtedness ~1erein secured on or before the
day of sale , or the Trustee directeu not to make such sale , and the
sale is not made , then there shall be pa id to the said Trustee for
_is services as aforesaid a sum equivalent to two per cent of the
indebtedness owing , unpaid and secured hereunder at the time he advertises the said property for sale .
Witness the following signatures and seals .
VIRGFTIA , City of Harrisonburg , t
O-V"V
it:
I , Pauline :r . Andrus, a notary pub lie in and for the
city and state aforesaid , whose commission expires March 7, 1936 , do
certify that Fox D. Eiler and Gertrude A. Eiler , his wife , whose
names are signed to the foregoing writing bearing date March 29 ,
1933 , have acknowledgea the same before me in my said city .
Given under my band this 29th day of March , 1933 .
"" RGINIA: In the Clerk's Office oft.he Circuit Court
01
hockingh<i.m County.
'l'ha foregoing deed of
... .. was this day presented in the
.... ~
office Rfo, e 1,id and is t,,,z ;t,her with the certificate
of acknowlt. gmeut a~ne:&.i:;<.1,j ~dmitwd to record
~~t:Olerk
thi'i!u,!f$day of--------~
/I
·-······ 1~':.{Y~ .. M.
�a:· ..
J'OX D Eil_ER & WIFE
TO )
D W E.lil1T,1.AN
TRUST EE
DE~ Ow TRIB T
0 -cJ
I ?-0
Ti X t ...~...::::... Fees s....L
1i-a•isfor $-·· '1-----. Total $.&.;Z tJ
:a /3CJ
rrJ.~o~Cl.ll"
corcl~d
Oe
a , 4JJ
'C
LA,V OFFJCJ,;S DY
D. WA1vl.PLER EARMAN
lIARRISO NBURG,V A .
COMMONW EALTHS ATTORNEY
.(.
~
~
�H_~/!_ _________
?i~-~~--- -----------------------------------------------Claim of__
In the Circuit Court of_~~..! --~&-~_____ County, Virginia, No.J_~-~ At Law.
The State Commission on Conserzfi~~ and Development of the State of Virginia, Petitioner, vs. ____ .,,//tJA.--i. ~d-YA____~ lfh,\ __ t;/1< ~ _ ~ ___________________________ _
...._!,-:i.. ..5---& I ~
------------- 1----------- ------------- ------------- ------------- ------------- ------------more or less, of land in __ ft'_-::: ______________________ 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_ _________________________ County, Virginia, asks leave of the Court to file this
as h:ya~:: :fi4:~~~~~----~--.-------------------
My post office address is_.f!.?-_____________________ ~______ =-::-::___________________ _
claim a right, title, estate or interest in a tract or parcel of land within the ..area sought
to be condemned, containing ~---L..t} _;________ acres, on which there a1;r~e !ol~owing
buildings a n d - i m p r o v e m e n t s : - - - ~ ' - ~ - - ~ - ~ - - -
.--)//.;..'j.,
This land is located abouL---~-~ ----miles from ___________•________________ Virginia, in
the ________________ Magisterial District of said County.
or parcel of land de--tV claim the following right, title, estate or interest in the tract
owner or joint owner,
sole
is
he
whether
say
should
scrib~ above: (In this space claimant
sole or joint owner,
not
is
claimant
If
owners.
joint
the
of
names
give
owner
joint
and if
he should set out exactly what right, title, estate or interest he has in or to the tract or
parcel of land describ~v e.)
___ Jf. R! >=J._ ~ ~- --- .----- tvv-. _~ - ~ ------------ ------------ -------
WJ-.)(claim that the total value of this tract or parcel of land with the improvements thereon is $__y__ _(}__l!.__l!,~. I claim that the total value of my right, title, estate or int~st,
in and to this tract or parcel of land with the improvement s thereon is $-L~ ~-
J - ~ the owner ?f_ __ L~f>-= _____ acres of lan_d adjoin!ng t~e above described tract or j
Wparcel
of land but lymg outside the Park are a, which I claim will be damaged by the pro..
~
posed condemnation of lands within the Park area, to the extent of $-H--~--1~ --..k,It
(In the space below should be set out any additional statements or information a{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).
~~~ ' ____· ________________ Ti__~-~
------------ ------- ------------ ------------ - (Continue remarks if necessary on the back).
of__:~-=~-:~~:~~r1~3t
my
nark~~~~~Af:~~~~~~~~:~
STATE OF VIRGINIA, COUNTY OF__i.f..~r_ ~~~-----, To-wit:
The undersigned hereby certifies that:ibtf._ &_~__1:::_J:..1.#_:. f:.i._~-----------the above named claimant personally appeared before him and made oath that the matters
and things app~ing in his above answer are true to the best of his knowledge and belief,
19 .
this ______L_k.:._::-_____ day of ______'?:_~-~-- -~-,
/W
;J;,,t_, d
n1'_/ 1/cJ /
~
, ,;- 8
--- -'~t1,;-co ~is~~ ;est~;
otary Public, or Justice of the Peace.
113
�<t!nmwnumtalt4 nf llirgtuta
TREASURER'S OFFICE
RICHMOND, VA.
JOHN M. PURCELL
De cember 27 , 1 ~33
TREASURER OF VIRGINIA
This is to certify that I, J.M. Purcell, Treasurer
of Virginia have this 2 7
day of De c ember in accordance
with an order of the circuit court of
Ro ckingham Cmmty
dated 12/20/3o_ _ in the cause of the State Commission
on Conservation and Development of the State of Virginia
vs.
Atkins -- - - ~ - - - Cassandra Lawson
~~~~~-
paidto H• R . Eiler , Pen Laird , Virginia
$_4_8_0_._o_o____ being in full settlement of tract #..:MilS
in the above mentioned cause.
�-
--
~
QJ:ommnuwraltf1 nf lllirgiuta
TREASURER'S OFFICE
RICHMOND , VA ,
December 27, 1933
JOHN M . PURCELL
TREASURER OF VIRGINIA
H. R. Eiler
Penn Laird, Virginia
•
Received of J.M. Purcell, Treasurer of
Virginia, the sum of$ 480 . 00
, in accordance
with an order of the Circuit Court of the county
of
Rockingham
of December 193i
entered on the
20th
day
, in the matter of the State
Commission on Conservation and Development v _ __
---=Cc..: a: .:s: . c:s: .ca=n=d=-r-=a=---------=L=--=a=-=w"-'s"'-'o"'-'n~_,,_,A,__,,t""k"-"i~n., _,s"----_ --
an d others, being
full and complete settlement for the tract of land
known in said proceeding as#
355
J/1( ~ -
Sign original and duplicate
and return to the Treasurer
of Virginia.
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, </span><a href="http://catalog.lib.jmu.edu/record=b2286919">http://catalog.lib.jmu.edu:80/record=b2286919.</a>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
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Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Source
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Dean, S.A.- Fogle, Earl C.
Identifier
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eiler-howard.pdf
Title
A name given to the resource
Eiler, Howard
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Blue Ridge
Coverage
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Tract(s): 355
Format
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PDF
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This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Eiler
-
https://omeka.lib.jmu.edu/erp/files/original/beaa7b2f0b27ac50c7078127e534b3d9.pdf
a7be8dbd8a654380a85b207327d315fb
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Text
ROCKINGHAM COUNTY
•
CLAIMANT
NAME O F ~
jl80 - EILER, H . R. & F . D.
Number of Acres:
138
Location: Top of Blue Ridge at Simmons Gap , lying in both Rockin<ham and
'
Greene Counties , and entirely within the Park area .
7 miles of good dirt road to Yancey , the nearest shipping point .
Roads:
Soil:
( SOL., INFOR 111A'fi0N ON REVERSE SID t, OF PAGE . )
History of Tract and condition of timber: The tract has been cut over at various
On 25 acres of
times and there has been no fire for several years .
the land there is a good stand of yellow poplar ranging up to 48" DBH .
The timber is
and various oaks up to 30 11 DBH . with a few other trees .
of good quality . The remainder of the woode-d area has a good stand of
The estimate is 45 M. saw timber with
firewood and extract wood .
60% of yellow poplar .
Improvements:
Frame , 14x36 1 , 4 rooms , l½ story, 2 porches, fair
TENANT HOUSE :
Log and frame , 16x37 ' , fair condition .
BARN :
conditi on .----- - STORAGE HOUSE :
SPRING HOUSE: Frame , 8xl0 1 , po·or condition .
GRANARY : 10xl2 1 , paper roof , good conFrame , -24xl8 ', shingle roof .
HEN HOUSE: 8xl0' .
CORN }!_Q_USE : Log , 12xl7 1 , paper roof .
dition .
Acreage and value of types:
Type~
Total Value
Value per acre
Acreage
Ridge:
Slope:
65
@
$5 . 00
$325.00
71
@
45 . 00
3195 . 00
2
@
40 . 00
80 . 00
$3590. 00
Cove:
Grazing Land:
Fields Restocking:
Cultivated Land: - Orchard:
Minerals:
Value of Land: $ 3590 . oo
Value of Improvements: $ 660 .oo
\ 660 . 00
Value of Orchard: $ 50 .oo
50 . 00
----------
Value of Minerals : $
Value of Fruit: $
250 . 00
Value of Timber: $ 2 50 . 00
50 . 00
-$4600 . ·o
Value of Wood:$ 50 . 00
Value per acre for tract: $
33 . 33
t//4
__.~
Incidental damages arising from the taking~___,
Non~
-
CI.ERK
77
�Continued from other side .
•
SOIL INFORMATION
Sandy loam of good depth and fertility .
The wooded portion
is very roclcy with large cliffs a·nd steep slopes .
The first class
grazing land has a fine blue grass turf with no weeds or brush and a very
little loo se rock with moderate slopes .
The second class is th1_n soil
with more loose rocks and some outcrops ;
the slopes are somewhat steep .
The Gre ' ne County portio n h as considerable shale on a large portion of
it .
The soil spews up in the winter and there is sufficient water
on the tract .
�•
#180 -
•
coun ty:
Dist ri ct :
Rookingbam
stone rell
Coun ty:
Di stric t:
Gree ne
onro e
ile r. H. R. &. F. D. - Rook i ngbam Co .
,~167 - -~1le r, H. R. &. F. D. - Gree ne Coun ty
oreage
l and
Type
by type s:
creas e
Slop e
l? r
34
37
Fg II
Fo
ore
t 3. 50
6ij
Fg I
(Roc kingham Coun ty)
Valu e
227 . 50
1428 . 00
740 . 00
42 . 00
20 . 00
40 . 00
2
l38
80 . 00
2470 . 50
Toto. l va l ue ot l and
( Rook ingha1a. CoWl ty I
2475 .50
Tota l v luo ot 1 pr ove onts
835 . 00
To t l v l u of t i mber
400
. 00
Tot l vulu ot orch ard
3
.
oo
Tot 1 va l ue ot tra ot
~
740
.
00
var ge va lu
p r a cre
27 . 14
b:r
type s:
(Gr eene Coun ty )
Va l ue
Type
.eer ucre
Slop e
2 . 00
42 . 00
20 . 00
Fg I
.Fg II
Fc
40 . 00
47
Tot ul val e of l and
(Gr ene Coun ty)
Aver ge va lue per a cre
1127 . 50
24 . 00
S
/
I
'v'llP'=" r
RY
Rook inghum and Gree ne Coun ties
-:,
·: :,f
(' res
in tract
?ot, d v l ue of tr ~ot
~ver a _e va l e
er acre
Tota l
va lue
185
4873 . 00
26 . 34
�•
•
F. n.
R.
H. R. & F. D.
n.
creag e Claim ed:
Valu e Claim ed:
185
2000 . 00
coun ty:
Dist rict:
Rook ingh·
Ston e nll
Coun ty:
D1st r1ot:
Gree ne
Monro
-
Rockingham co .
- Greene Coun t
Asse ssed :
ssess d:
185
•
2320 . 00
Deed:
185 A.
Deed: Inhe rited .
both Rook1ngh m and
Top or Blue Ridg e at Simmon Gap , lying inPark
area .
Gree ne coun ties, and entir ely 1th1 n the
None kno n .
Inoumbr noes , coun ter claim s or l ps:
wooded port ion
Sand y loam ot good d pth and tert1 11ty . The
Soil ;
The first
1s very rocky 11th l a rge cliff s and steep slop es.
no 1eeds
1th
class graz ing land has a fine bl1e gras s turf
slop es .
rate
d very littl e loose rook rith mode
or brus h
some
and
s
rook
The seoon d class is thin soil with more loose
ty
Coun
ne
Gree
outc rops ; the slop es ur so e hat step . The
.
it
ot
on
port ion has cons idera ble shade on a l a rge porti
t ater
The s 11 spew s up int e wine er and there is suff icien
on the trac t.
ing
Seven • lea of good di rt ro d to Yano ey, the near est shipp
Rod s:
poin t.
The trac t ha been out over at
nd oond 1t1on of timb er:
Histo ry ot
ral year s .
v r1ou s times •nd there hns been no fire for seve
w popl ar
yello
o:t'
On 25 acre s or the l nd there is u good standDBH
few
a
1th
r ngi ng up to 48" DBH und vario us ~ <- to 30" . The rema inder
otne r tree s. The timb er is of good qual ity ood und extr act
o. the wood ed rea has a good st nd of firew 60 of yello w popl r
ti1b er with
ood. The esti ta is 45 ?: . s
$225 . 00
------5.00
1~ . 00
---15¢
ood
100 cord s or extr act
120 . 00
40¢ ---- ---300 cord s or fir wood
40 . 00
---- ---5¢
800 locu st post s
. 00
Loo tlon :
400
l½ story , 2 porc hes ,
Impr ovem ents: T nant hous e: Fram e, 14x3 6', & room s,
25 . 00
fir oond iti>~ ----·
. 00
200
LOg n frum e, 16x3 7', fair cond ition
rn:
o.oo
Sprin g ouse : Fr me , 8xl0 ', poor cond ition ..
7 . oo
r me, 24xl 8', shin gle roof
Stora ge hous e:
. 00
40
per roo, ~ood cond ition .
10xl 2',
Gran ~ry:
. 00
60
Corn hous e: Log, 12xl 7', pape r r oof .
30. 00
ax10• .
Hen hous e;
(a3s. oo
�' CI
Xi'
u
C
m
(
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-
�M.
H. HARRISON
TREASURER OF ROCKINGHAM COUNTY
HARRISONBURG, VIRGINIA
TO WHOM IT W~\Y CONCERN:
I hereby certify that the
records of my office show that H. R. Eiler has
paid the taxes for the years 1932 and 1933 on
his tract of land containing 15 acres situate
in the Blue Ridge :Mountains, Stonewall District
Rockingham County.
All taxes prior to that date,
if any be unpaid, are a matter of record in the
Clerk's Office of said County .
Given under my hand this 18th
day of December 1933 .
M. B. Harrison Treasurer
By ~
a 01,k
{/
Deputy .
�NoTE--This need not be filed until the record discloses that the awards have been paid into the custody of
the Courts.
Virginia: In the Circuit Court of Rockingham County
The State Commission on Conservation and Development of the State of Virginia .. PETITIONER.
V. At Law No. 1829
Cassandra Lawson Atkins and others, and Fifty-Two Thousand, Five Hundred and
DEFENDANTS.
Sixty-One (52,561) Acres of land, more or less
Comes now the undersigned and shows to the Court:
That a judgment in rem has heretofore been entered in this proceeding condemning to the use of the
Petitioner the fee simple estate in the tract(s) of land numbered as follows: Tract No.
'f'raet Ne. _____ _
3-6_'.d:=_ __ :
. 'I'tact No. __________ ,
and described in the report of the Board of Appraisal Commissioners appointed herein and shown, numbered, and delineated on the County Ownership Map :filed therewith, upon payment into the custody of
the Court of the sum(s) set out in the said judgment as constituting the award(s) therefor, as follows:
Award on Tract No .
.J.-~=~--=-- $4
-~.D..~; Oll Traet
__ $ ________ ; em T1aet Ns.
No. _
__::_:-:_::-_;,-......
:::-;_:,-:,_,___J_.-:_,::-_::;-:
_______
That the report of the said Board sets forth that the following named persons claim, or appear to
have a claim to an interest in the said tract(s) of land or in the proceeds arising from the condemnation
thereof;
That the Petitioner has paid into the custody of the Court the said sum(s) set out in said judgment
as constituting the award(s) for the fee simple estate in the said tract(s) of land;
That your undersigned, on the date of the said judgment in rem condemning the said tract(s) of
land, owned or was (were) entitled to the following interest in the said tract(s) or in the proceeds
arising from the condemnation thereof:-
That no other person or persons than the undersigned are entitled to share in the distribution of the
said award(s) except the following named persons whose interest in said tract(s) or in the proceeds
arising from the condemnation thereof on the date of entry of said judgment was as follows:
Wherefore, your undersigned pray(s) that [he (they) be made a party (parties) herein under the
provisions of Section 21 of the Public Park Condemnation Act, and that] an order be entered for the
distribution of said sum(s) set forth in said judgment in rem as constituting the award(s) for the fee
simple estate in the said tract(s) condemned as aforesaid, and for the payment to the undersigned of the
said award(s) or of as much thereof as the Court may :find that the undersigned is (are) entitled to
receive, and which the undersigned aver(s) is as follows: Tract No.
Jj_l~----- $/f- F:-0-~ ~
No. ___________ $ __________ . Traet No. _ _________ $ __________ ;
The undersigned further aver(s) that: (Leave this space blank unless there 1s some other pertinent matter to be brought specially to the attention of the court)
NAME
._ilf _f(L ~ _______________
-~~,t~ -'t -(J_~ ,-~ -"--~~- '
~ Ji ~
AA,~tt-.~..Y
~ - ~ -~ - ~- ~------------
P. 0. ADDRESS
_(?~-- ~ ~o{ __ ~
~ r ~:'ilw~-r~
-----------~- .
- - - ~o:_A_
NOTE--A supply of this blank form has been placed m the Clerk's office for th convenience of interested
parties. No one is required to use this form, as the form is not prescribed y law, and claimants can
either change or modify it as they deem necessary, or present their motions in any form they may desire which meets with the approval of the Court. This blank form may not and probably will not cover
all cases. It has been printed merely as a suggestion of a form of a motion which may be used, subject
to the approval of the court in each case.
1,(
1
~
~
•
�STATE OF VI ID INIA,
COUNTY OF .ROCKINGHAM, to-wit:
I, J . Robert Switzer, Clerk of the Circuit Court of
Rockingham County do hereby certify that the records inmy office
do not show any delinquent taxes against the tract of land containing
15 acres assessed in the name of H. R. Eiler situate in Stonewall
District , Rockingham County , Ya .
Given under my hand this 18th day of December, 1933.
�C!tnmmnumtaltlJ nf ]ltrgiuta
TREASURER'S OFFICE
RICHMOND, VA ,
December 22 , 1933
JOHN M. PURCELL
TREASURER OF VIRGINIA
This is to certify that I, J. M. Purcell, Treasurer
of Vi rgi nia have thi s
22
day of December
in accordan c e
with an order of the circuit court of Roc k i ngbarn Cmmty
dated 12/20/33
in the cause of the State Commission
on Conservation and Development of the State of Virgin ia
vs.
:p a id to
Cassandra Lawson _A-t~k_i_n_s____________
D. W. Earman
$~1=,~0~0~0~-~0~0~ ___ being in full settlement of tract# 180
i n t h e a b ove me nti on ed cause.
\;_reasurer of Virg inia.
�Q!nmmnuwraltlJ nf llirgiuta
TREASURER ' S OFFICE
RICHMOND, VA .
December 22 , 1933
JOHN M . PURCELL
TREASURER OF VIRGINIA
D. w. Earman
c/o Ralph H. Bader
Harr1sonburg , Virginia
Received of J.M. Purcell, Treasurer of
Virg inia, the sum of $ 1 , 000 . 00 , in accordance
with an order of the Circuit Court of the county
of
Rockingham
entered on the
20th
day
of December 1 93~ , in the matter of the State
Commission on Conservati on and Development v _ __
__C~a~s~s_a_n_d_r_a_L_a_w_s_o_n
_ _A_t_k_i_n_s____ and other s , being
full and complete settleme n t for the tract of land
known in said proceeding as #-1=8=0'------
Sign original and dupli cate
and return to the Treasurer
of Virginia.
�Q1nmmnuwenlt4 nf lliirgiutn
TREASURER'S OFFICE
RICHMOND, VA.
December 22 , 1933
JOHN M. PURCELL
TREASURER OF VIRGINIA
This is to certify that I, J.M. Purcell, Treasurer
of Virg inia have t his 22
day of_D_e_cember in accordance
with an order of the circuit court of
dated 12 /20./33
Rockingham County
in the cause of the State Commission
on Conservation and Development of the State of Virginia
vs.
$ 2 , 300 . 00
Cassandra Lawso~n...._~A~t~k~j~n~s....__________
being in full settlement of tract# 180
in the ab ove mentioned cause.
j
�C1!nmmnttwtalt4 nf llirgiuta
TREASURER'S OFFICE
RICHMOND, VA.
Decemb er 22 , 1933
JOHN M. PURCELL
TREASURER OF VIRGINIA
Howard R. Eiler
c/o Ralph H. Bader , Harrisonburg , Va .
Re c eived of J.M. Purcell, Treasurer of
Virg inia, the sum of$ 2 , 300 . 00 , in accordance
with an order of t he Ci rcu it Court of the county
ingham
Of- -Rock
- - - ~- - - --
entered on the _ 2_0_ _ day
of December 193L , in the matter of the State
Commission on Conservati on a nd Development v ___
_ a_w_s~o_n_ A_t~k~i=n=s~ ____ and ot h ers , be i ng
_ a_ L
_ C_a_s_s_a_n_dr
•
full and complete settlement f or the tract of land
known in said procee d ing as # ----'1~8~0_ __
Sign original a nd dupl i cat e
and return to t he Tr ea s ure r
of Vi r ginia .
�Q!nmmnuwtaltlJ nf ]Itrgiuta
TREASURER'S OFFICE
RICHMOND, VA.
JOHN M. PURCELL
December 22 , 1933
TREASURER OF VIRGINIA
This is to certify that I, J.M. Purcell, Treasurer
of Virgi n i a have thi s 22 day of December
with an order of the circuit court of
dated 12/20/33
in accordance
Rockingham County
in the cause of the State Commission
on Conservation and Development of the State of Virginia
Cassandra
Lawson
vs. - - - - - - - - -- -- - -Atkins
- - - - - -- -- - -- :paidto_Fax D. E:iJer
$ 1 300 . 00
being in full settlement of tract
in the ab ove mentioned cause.
#-lBD
�Q!nmmnttnttttltlJ nf l!Itrgittttt
TREASURER'S OFFICE
RICHMOND, VA.
December 22 1 1933
JOHN M , PURCELL
TREASURER OF VIRGINIA
Fox D. Eiler
c/o Ralph Bader
Harrisonburg, Virginia
Received of J.M. Purcell, Treasurer of
Virg inia, the sum of$ 1 1 300 . 00 , in accordance
wi th an order of the Circui t Court of the county
of
Rockingham
of December
1 93 L
entered on the
20th
day
, in the matter of the State
Commission on Co n s e rvati on and Dev elopment v _ __
__C_a_s_s_a_n_d
_r_ a_ L_a_w_s_o_n_ A
_t_k_ in
_ s ____ and others , being
full and complete settlemen t for the tract of land
known i n s a i d p r oceeding a s
# / g0
J{), ~
Sign original an d dup li cat e
and return t o t h e Treasure r
of Vi r ginia .
.
J
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County SNP Records: Court Proceedings
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains. </span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, </span><a href="http://catalog.lib.jmu.edu/record=b2286919">http://catalog.lib.jmu.edu:80/record=b2286919.</a>
Creator
An entity primarily responsible for making the resource
Rockingham County Circuit Court
Date
A point or period of time associated with an event in the lifecycle of the resource
1925-1935
Identifier
An unambiguous reference to the resource within a given context
Snp001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a>
Is Referenced By
A related resource that references, cites, or otherwise points to the described resource.
<a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a>
Text
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Dublin Core
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Source
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Dean, S.A.- Fogle, Earl C.
Identifier
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eiler-h-r-and-f-d.pdf
Title
A name given to the resource
Eiler, H. R. & F. D.
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Top of Blue Ridge
Coverage
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Tract(s): 180
Format
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PDF
Rights
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This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
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Pake Davis, Tristan Nelson, Liana Bayne
Eiler