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Text
NAME OF CLAIMANT
t/48 -
Fu.ltz, Vernon
Number of Acres: 143
Location.:
.,est slope of m:..i.in ridg~ ne0.r Deun I ountain School .
Roads:
T ,/0 miles fair dirt rol:td to Spotswood r:::ruil , near top of_ ridge ,
thJnce seven iles to ~lkton .
Soil:
S n dy clay,
~ood de,t~ d nd fertili ty, s1rfuce rolli ~ mo·erat E
slopes , north,1 est ~n-~ so'1t:11vest ex osures .
1
History of Tract and condition of timber~
L:::.rge portion of tr ct cle ared many
ye.,.rs u. 6 0 , grazed since, :ooded area cut ove .... repe a. t~uly in
p· st b-1 s wmill on trc1ct t 10 years ago, presen t st nd, mixed
oaks, sorn.e pcJ1l2 r .
lmprovements:D. elline; : Log , 18x28' , 2 roo::1S, s:1in~,: l e roof , bric~-c fl rns ,
1
1 star~, poor con ~tion, ub n~o~ed .
OlJ. oarn :' Loe; , 18:cl8., :12'.
Old st ble : Fr 'B, 1Gx~O xl2', stin~l~ roof, poor conui~ ion.
)wellin g :
Fr-r.ie, 19x2o' ,, brick r1·1es, ,ml ls ceiled , v1<.. . ter
SUJply- sJrin~ , solid fo~nQa t ion , occupie d by tenant .
R . . rn: Log , 34x18x lO ', shine le roof , po,,r condit ion .
Spri~ ~o~se: Fr~ e, 9x9x5' , shingle roof, poo~ co~- ition .
Leu t nouse : Fr...t:1e, 14xl6:: :10', s r in, le roof, poor cond i. t-; 011.
Granur y : 1"r<l. .ae, 12xl6x l2', s':·_·1 ·l3 roof, ·it' s ' l:: d l~:;i::l·-=' ,
poor condit ion.
Han house : Fr y:e, 10xl8x 8', s'.t-n le r of .
Orch~r d:
~hre~ cres .
Acreage and value of types :
Types
Acreage
Value per acre
Total Value
Ridge:
Slope:
45
,~o. 00
95
40 . 00
.:225 . 00
Cove:
Grazing Land:
3800 . 00
>4025. 00
Fields Restocking:
Cultivated Land:
Orchard:
150 . 00
3
6.55.00
50 . 00
t'4880. 00
50 . 00
Minerals:
lcr
Value of Land: $ 4025 . 00
, ..,
Value of Improvements: $ 655 . 00
Value of Orchard: $
~-
1.50. 00
Value of Minerals : $
Value of Fruit: $
Value of Timber: $
Jams::: x:f:D1:B XXXXXX XXYX2i UX't,as a.•fi~
Value of Wood: $ 00.00
~ , : a ; l O C & . ~ ~ x3c8Ci~
Value per acre for tract: $
3,;_ . 12
'J7X1m:}rx;rrn:n:iii~
Incidenta l damages arising from the taking of this tract: $
.
·~L : ••~ .
_~-/ ¢u -
CL~JL
(;,&
�~~a~:e ~ i r c u ~ ~ ~ .- '.: _____- ounty, Virginia, No. ________ , At Law.
The State Commission on Conserva on an Development of the State of Virginia, Petitioner, vs. _____________________________________________________________________________ _
-------------------------
A/J
~
- Jj;:Jl------------------- ------------------------
more or less, of land in __~_______ County, Virginia, Defendants.
The undersigned, in answer to the petition of the State Commission on Conservation and Development of the State of Virginia, and in response to the notice of condemnation awarded
upon the 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:::
::_:r~-~~-?~kl,)
__________________________ _
;:::~:t,..f-_
My post office address is___
___
____
_}__lf_ _________________ _
I claim a right, title, estate or interest i
tract or parcel of land within the area sought
to be condemned, containing aboutL~:l-::--:?-::_1:_/__ acres, on which there are the following
buildings and-improvem ents=:~---~--~ :---------------- ------.------.------------- ---------------.-------- --A- ,;,,a,;;~-------------. --.-.--.This land 1s locate about_ __ ~_Q _____ m1les from ____ ~ ~ - - - - - - - - - - - -V1rgmia, m
the
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 own;,rs adjacent to the above described tract or parcel of land are as follo,w s:
North _____ ..,ff~--~------ --------------- --------------- -
1following
ac!~i; manner:
my ri~~p erty about the year__________ in the
I claim that the total value of this tract or parcel of land with the improvements thereon is $_J.l).d_._e.f/~-~ claim that the total value of my right, title, estate or interest,
in and to this tract or parcel of land with the improvements thereon is $----------------·
I am the owner of_ _______________ acres of land adjoining the above described tract or
parcel of land but lying outside the Park area, which I claim will be damaged by the proposed condemnation of lands within the Park area, to the extent of $------------------·
(In the space below should be set out any additional statements or information as to
this claim which claimant desires to make; and if practicable he should also insert here a
description of the tract or parcel of land by metes and bounds).
Remarks·------------- ------------------------ ------------------------ -------------
------------------------ -------------------- (Continue remarks if necessary on the back).
oL~i~~-~:~~~~3'.;r my name and ~:rk :t~~~~~q;~~~/=~~~~~~~:~
STA;g; OF VIRGINIA, COUNTY OF_@~---------~ ,;_;;;l:;,,,t,
dt.:__i':-L __ _
The undersigned hereby certifies that_ __]_:___ _ _________
the above named claimant personally appeared before him and made oath t t the matters
and things appearing in his above answer are true to the best of his kno
dge and belief,
tbis_____ Jk/--------day oL-~-- ~~~a ·- ~estigator-or
Notary Public, or Justice o
e Peace.
�Coun ty: Rockingham.
Distr ict: Stone all
l148
-
Vernon Foltz
42
creaB e Claim ed: , 2-2-2 1 Asses sed l43 .11ro'
Value Clai Od!
n
.jlO .oo
~1000 . 00
Deed
11
142.1 01
A•
{1921 } for
9000 . 00
Loco.t 1on:
est slope of
1n ridge near Dean 'otmtn in vohoo l .
Ineumbranc es , count er cl imo or laps :
----- --
Soil:
,andy clay, good dop ~ nnd ferti lity, surfa ce rolli ng modera te,
slope s N. i . and s . w. expos ures.
Boads :
2 miles fair dirt road to Spots wood Tr a i l , near top of ridge
,
then ce? miles to ~lkto n .
Eisto rxof tru~t and condi tion of
clear ed many years ago,
repe, ~tedl y in past by .,
stand , mix d oak~, some
Impro vemen ts:
timbe r:
Large porti on of tract
grazed since , wooded a re ~ cut over
wmill on t ra.et two yearn ago, prese nt
pop 1 r.
·
ellin. rs , Log 18x28 , 2 rooms , shin ··le roof ,
brio~ flues , lstory ~ condi tion .oor, aband oned,
Value------~~---- ---------- -~-----~--------~-
, 25 . 00
cond ition poor. --~- ----- ----- ----- --- ----- --ellin s, Frame 19x25 , brick flues , walls
20 . 00
n~rn , log 18xl8 xl2 , - ----- ----- ----- ---- 10 . 00
oid s·Eabie,
Frame l6x20 xl2, shing le roof ,
Old
celled , ater suppl y-- Sprin g , found ation solid ,
occup i d by tenan t . ---- ----- - --- ----- ----- --- - 250 . 00
Barn, log 34x48 xl0, sL1nn le roof. cond. oor. 75 . 00
sprin g I ouse , Fr61.lle x9x5 , shing le roor, cund .
poor. -~-----------------~-~----~---~---~~-~--~ 10 . 00
Meat House , Fr me 14xl6 xl0 , shing le roe ~ , cond .
poor. ~~~~----~~-~~-~~~---~----------~--------- 20 . 00
Grann ery, Fro.me 12xl6 xl2 , shing le roof, with
shed l~'X14, cond ition poor . ---- ----- ----- ----lien house , Frame 10xl2 x8 , shingle roof . - - --- Orcha rd , 3 acres
50 . 00
10 . 00
,50 . 00 --- -- - ---- - - - ----- - 150 . 00
Total
620 . 00
J aj.ue of land by ;types :
m;o
Ora.z ing
Orcha rd
Aorea.se
45 .
95
3
143
Value
per acre
Total
Value
40 . 00
~3800 . 00
<'3 . 00
. ,135 . 00
t 3935 . 00
�Tot l
ot 1
To
l
. vex- g
1
lu o
l
d
lu of i p av . en o
lu ot~ tr ot
lu
r
or ·
3 56 . 00
620 . 0
,es. ,.oo
31.
�Filed in the Cl~rk's Office
VIRGINIA. Rockingham County, Va.
IN THE CIRCUIT COURT OF ROCKINGH
. AM COUNTY,
SEP..3-t7 1932
THE STATE COTurnISSION ON
CONSERVATION AlID DEVELOPMENT
-~ ~ l e r k
OF THE STATE OF VIRGINIA,
:PLAINTIFF
PETITION Aliffi MOTION OF VERNON W.
)(
FOLTZ, CLAIMANT TO 142 ACRES 2 ROODS
vs.
AND 24 POLES OF LAND EMBRAC()ED WITH;
~ ~ IN THE ABOVE ENTITLED PETITION, TO
~ M . \ ~ l. ~ ~
SET ASIDE THE FINDINGS OF FACT IN
a..J.....c.J-....rt./ ~
RELATION TO THE VALUE THEREOF.
)1-~
TO THE HON. H. W. BERTRAM, JUDGE OF SAID COURT:
Your petition er, Vernon
w.
Foltz, respect fully shows
unto Your Honor as follows:
1.
That he is seized in fee simple of a certain tract
or parcel of land lying and being situate in Rockingh am County,
Virginia , about eight (8) miles east of Elkton on top of the Blue
Ridge Mountai n, containi ng 142 acres 2 roods and 24 poles, more
or less, which said tract is entirely within the bounds of the
proposed Shenand oah Nationa l Park as set out in the above entitled
condemn ation petition ; that said tract or parcel of land was
purchase d at public auction by your petition er on January 8,1921,
as appears in the deed to said property which was recorded in the
Clerk's Office of Rockingh am County in Deed Book 119 at Page 189,
for the sum of Nine Thousand ($9,000. 00) Dollars , cash; that at
said public sale said tract of land was cried for about two hours
and at which time there were numerou s and spirited bids given, the
last bid ~efore your petition er's said bid of Nine Thousand
Dollars was Eight Thousand Nine Hundred and Fifty Dollars ($8,950 .00);
that said public sale was held a great many years before the proposed Shenand oah Nationa l Park was ever thought of; that said land
has been used by your petition er ever since the purchase thereof
as a grazing farm, and the same will graze between 60 and 80 head
of cattle each and every season, which represen ts an annual income
-1-
�of from $540.00 to $720.00, based on the present rental value of
pasture land of $1.50 per head;
that said grazing farm is im-
proved with all necessary buildings incident to the same, in fact
your petition~r within the last year, and after the Special
Investigators and Board of Appraisal Commissioners went upon the
land, placed improvements upon said property in the sum of TwentyFive Hundred ($2500.00) Dollars, being the actual c.o-st of construction, and which is not included in the report of the findings
of the said Spec;ial Investigators and Board of Appraisal Commissioners; and that since the purchase of said land your petitioner
has improved the same by grubbing, cleaning off and fencing, thereby increasing the value;
that your petitioner considers the sum
of Fourteen Thousand Three Hundred ($14,300) Dollars a fair market
value of said real estate ..
2.
Under chapter 410, Acts 1928, the State Commission
on Conservation and Development instituted proceedings to condemn
said tract or parcel of land.
And in these proceedings by orders
entered the Court appointed George H. Levi, Miller A Frice, and
Wm. L. Green special investigators and a board of Appraisal Commissioners to ascertain all facts pertinent to said tract and the
compensation to be paid therefor to your petitioner.
:3.
That ac.t ing under authority of Sections 8 and 28
of said Act said .Special Investigators and B,oard of Appraisal C_om•
missioners considered information derived by them from sources
wholly unjudicial in character and notwithstanding ~hat the courts
of Virginia have frequently denounced such boards as so unjudicial
as to deprive their findings of any probative value, this statute
sets such decisions at naught and denies to. your petitioner in
the protection of his property rights the equal protection of the
law and the guaranties of the Bill of Rights of Virginia and of
the Fourteenth Amendment of the Constitution of the United States.
That by virtue of said Sections 8 and 28 said boards,
-2-
�either ~ollectively or individually are authorized to
II
hear any
statement or expression of opinion made under oath or not under
oath, by any person, whether such person is or is not interested
in the fact or facts they are seeking to ascertain and determine"
and the widest range of investigation , wholly unjudicial in
character, is vested in these boards, and further by Section 33
the findings of such boards, based on such an investigation , is
made, within narrow limits, conclusive on the court.
That such
a legislative enactment is an unauthorized invasion upon the
provinces of the court.
4.
That petitioner is not given his day in court, when
before the Special Investigator s and ~oard of Appraisal Commissioners, they act unjudicially in their investigation , and
when, before the court, the court is denied the right to hear the
claims of petitioner fully, sp that petitioner is deprived of his
property without due process of law.
Your petitioner claims the
guaranty secured to him by the Bill of Rights of Virginia and by
the Fourteenth Amendment of the
5.
0
onstitution of the United States.,
Tb.at the said Special Investigator s and Board of
Appraisal Commissioner s have made their report in which contrary
to any otherwise legal evidence before them, they have grossly
misdescribed said tract and have undertaken to ascertain the compensation to which your petitioner is entitled so grossly inadequate
as to show that said board or some of them were influenced by
partiality or gross mistake of law and fact as to the nature and
effect of the evidence with reference to which such findings were
based on heresay statements, rumor and exaggeration s from parties
unknown authorized by this statute and not upon legal evidence
au.ch as judicial boards can only act upon.
6.
That said Special Investigator s and Board of Appraisal
Commissioner s have reported to the court as compensation for
said tract of land the sum of Four Thousand Eight Hundred and Eighty
Dollars ($4,880.00), which is less than 50%
of the amount paid for
-4-
�said tract by your petitio ner at public auctio n, and not taking
into consid eration the work and improv ements placed thereo n by
your said petitio ner; and that said compen sation of itself is so
grossly and manife stly inadeq uate as to show that the said Board
of Apprai sal Commi ssioner s were influen ce by gross partia lity and
gross error or misapp rehnsio n of the fact and by ignoran ce and
mistak e as to the nature of the eviden ce to which such finding s
were made.
7.
That said compen sation is so grossl y and manife stly
inadeq uate as to shock the conscie nce and amount s to the confiscati on of your petitio ner's proper ty, or in other words the
taking of privat e proper ty for public uses withou t just com,
pensat ion theref or.
a.
That out of all the tracts of land, embrac ed in the
afores aid report of said Specia l Invest igators and Board of
Apprai sal Commi ssioner s, the value fixed upon your petitio ner's
land is the most grossl y inadeq uate and shockin g inadeq uacy contained therein , and shows conclu sively that said Board of Apprai sal
Commi ssioner s arrived at their valuat ion thereo f wholly upon the
illega l eviden ce hereinb efore fully set forth, and wholly ignored
and disrega rded any and all legal eviden ce that could or might
have shown what the true market value of the land actual ly was.
9.
•
That said Specia l Invest igators and Board of
Apprai sal Commi ssioner s in carryin g out their invest igation s under
the statue were guilty of such illega l and improp er conduc t as to
render their report filed on the
wholly null and void.
~ day
of
a~ d44,
, 1932,
That said Board of Apprai sal Commi ssioner s
asked and sought from the agents and employ ees of the State Commissio n on Conser vation & Develop ment not only for their valuat ion
of the land in questio n, but made a practic e of seeking and relying upon their aid and advice in such matter , when said Board
should have acted judici ally and impart ially betwee n the State Com-4-
�mission on Conservation & Development on the one hand and the
landowner on the other; that said Board of Appraisal Commissioners
in the discharge of their legal duties w~re transported from
place to place by the agents, serv.:ants, and employees of the said
State Commission on Conservation & Development; that the said
State Commission on Conservation & Development furnished hearing
places, temporary offices and permanent offices to the said Board
of Appraisal Commissioners, and that the permanent office of the
said Board of Appraisal Commissioners was in the same building and
prac-tic.ally the same off ice as that used· and occupied by the State
. Commission on 3onserv;ation and Development in this judicial circuit;
that the employees, servants and agents of the said State Commission on Conservation & Development ~ctually participated and
aided in the making and drawing of the report of said Board of
Appraisal Commissioners submitted to Your Honor's Court; that in
short, the association between the said agents, servants and employees of the State Commission on Conservation & Development and
the said Board of Appraisal Commissioners was so close and intimate
as to render the entire report null and void; that said Board of
Appraisal Commissioners, for the reasons fully set forth in this
paragraph, failed wholly to be an impartial or judicial tribunal
but was in fact nothing more than an agency of the said State Commission on Conservation & Development of the State of Virginia,
wholly incapable of acting fairly and impartially between said
Commission on the one hand and the landowner on the other.
10.
That the tract of land aforesaid owned by your claim-
ant and petitioner is the same tract or parcel of land that is
mentioned and described in the report of said Board of Appraisal
Commissioners as Tract Number .//Y
11.
.
Your petitioner therefore prays that this Court will
wholly disregard the aforesaid report of said Special Investigators and Board of Appraisal Commissioners in so far as the afore-5-
�said tract or parcel of land of your petitione r is concerned for the
reasons hereinb:ef ore set forth, namely that in so far as the statute
prescribe the weight to be attachedto said report, it is an invasion
by the legislatu re of the judicial province of the court; that the
provision s of Section 8 and 28 are illegal and the findings of facts
of said Board is so unjudicia l in character as to deprive said
findings of any probative -v:alue; that petitione r is not afforded a
day in court for the proper considera tion of his right•; that compensation to your petitione r as fixed by said Special lnvestiga tors and
Board of Appraisal Commissio ners is confiscato ry; that said petition-
er has been denied the guaranty of the Eill of Rights of Virginia
cronstitut ion and of the Fourteent h Amendment of the Constitut ion
of the United States; that said Special Investiga tors and Board of
Appraisal Commissio ners were influenced by some error, mistake or
misappreh ension of facts; on account of the illegal and improper
conduct of said Special Investiga tors and Board of Appraisal Commissioner s wholly failed to act impartial ly and judicially , but in
fact acted as an agency or sub-divis ion of said State Commissio n
on Conservat ion & Developme nt.
That said Special Investiga tors and Board of Appraisal
er
Commissio ners failed to allow your petition/a ny damages to his
12.
home farm, which is situate in the Page Valley near Shenandoa h, Virginia, by reason of the taking of his said grazing farm, thereby
making it impossible to carry on his regular business of cattle
raising and depriving him of a place to graze his stock necessary
to tha carrying on of his farming on his said home farm.
WHEREFORE, The said Vernon
w.
Folt~ prays that the Court
decline to accept the report of the Commissio ners and disapprov e the
findings of fact therein set forth; that a hearing may be had on the
question raised by these exception s; that the said report be set aside, and be declared null and void with respects to the v;alue placed
upon the said Vernon
w.
Foltz' said tract of land; that the Court
summon a jury to hear and determine his claim; th.at he may be awarded
damages to hi s home farm for the reasons set out in Paragraph 12;
�that all such other, further and general relief appropria te in
the premises may be afforded the said Vernon W. Foltz as the nature
of his case may require.
STATE OF VIRGINIA,
COUNTY OF PAGE, TO-WIT:
THIS day personall y appeared before me Vernon
w.
Foltz
and made oath that the matters and things stated in the above
motion, pbjection and exception s are true to the best of his knowledge and belief.
Given under nzy- hand this 29th day of September , 1932.
My commissio n expires June 11,1932.
ry Pu
Tic.
30f..
�C
r0
I
«)
I
THE: STATE COl.f.rISSION ON
CONSERVATION & DEVELOPMENT
OF THE STATE OF VIRGINIA,
PLAINTIFF ,
vs.
I
I
I
I
PETITION AND MOTION OF VERNOJj
, W. FOLTZ, CLAIMANT TO 142 ACF ~ s
2 ROODS AND 24 :POLES OF LAND
EMBRACED WITHIN THE ABOVE
&NT:HID== NTtti-=t»T
f
I
,,
'
'
KEYSER & KEYSER
ATTORNEYS AND COUNSELLORS AT LAW
LURAY, VIRGINI.A.
'
�ROBERT W . KEYSER
KEYSER & KEYSER
ATTORNEYS AND COUN S ELLORS AT LAW
LURAY, VIRGINIA
November 18,1933.
Clerk of the Circuit Court of
Rockingham County,
Harrisonb urg,
Virginia .
Dear Sir:
I enclose herewith additiona l affidavit s to
be filed in the matter of the State Commissio n an
Conservat ion & Developme nt of the State of Virginia vs .
G.assand.ra Lawson Atkins in regard ta the Vernon w.
Foltz: tract of Ia.nd ,_ Tract No . 48,_ which you will. please
fil e.
Very truly yours ,
RVIK/MH
ROBERT W. KEYSE:R
��32-1453
�\_
�IN THE CIRCUIT COURT OF ROCKINGHAH COUNTY,
STATE a01.m:rssro1r OM CONSERVATION
& DEVELOPMENT OF THE ST ATE OF
VIRGIN IA.
ADDITIO NAL AFFIDA VITS OF D. A.
)( FOLTZ, JAMES C. KITE, GROVER C.
KOONTZ, JOHN VI. STROIE & VERNON
VS .
W. FOLTZ, IN THE MAT'l'ER OF VERNON
CTASSA.NDRA LAWSON ATKINS,
&C
W. FOLTZ, CLAIMAli!T T0 142 acres,
2 ROODS & .. 24 POIBS OF LAND EMBRACED
IN THE PET lT IOl'I OF CONDEJ\!NATION
FIIBD IN SAID COURT, SAID TRACT
48
BEING KNOWN AS TR~CT NO .
-----------
The affian t, D. A. Foltz_, depose s as follow s: That
his name is D. A. Faltz_, aged 47 years, and reside s in the County
of Page, and his occupa tion is that of a farmer . He furthe r
says that he is acquai nted with that certain tract or parcel of
land lying and being situate in Rocking ham County , Virgin ia,
miles east of Elkton , on top of the Bl.ue: Ridge. Ioounta in,
contain ing 142 acres, 2 roods and 24 poles, which is now owned
about
8
by Vernon
w.
Foltz_ and sought to be condem ned in thes~ procee dings,
and known and design ated on the Rocking ham County owners hip map
filed in the above entitle d condem nation procee dings as Tract
..____ _•
, J3
....
Iifo. ___4
Ke furthe r says that he has been upon this tract
on numero us occasio ns and that he is fully ~nquai nted with the
same. He furthe r says that said real estate is adapted to
grazin g cattle. and other livesto ck during the late spring , summer
and early fall montha and that there are approx imately 125 acres
•
of this real estate in good blue grasa soQ which will accomm odate
and fatten betwee n forty and fifty head of cattle . He furthe r says
that he is of the opinio n that this real estate is worth betwee n
$60. 00 and $65. 00 per acre, or as a whole, approxi mately- $9~000 . 00,
exclus ive of the improv ements put on said real estate in the
He furthe r says that he has no intere st in
last year or two .
the said real estate .
/o-12
2,W
--____,,
=-=-=-=-=-=-=-=-=--=--=--=--=--=:
=i~==
==-:==
~====
��The affiant, James
That his name is James
c.
c.
Kite, deposes as follows:
1/ c>---., occupation farmer,
Kite , aged
and resides in the County of Page J that he ia acquainted with
that certain tract or parcel of land lying and being situate in
Rockingham County,. Virginia, about 8 miles east of Elkton, on top
of the Blue Ridge Mountain, containing 142 acres 2 roods and 24
poles, which is now owned by Vernon
w.
Foltz and sought to be
condemned_ in these proceedings , and which is known and designated
as: Tract No. _4_8_ _
on the Rockingham County ownership map filed
in these proceedings .
He further says that he has been upon
this tract on numerous occasions and that he is fully acquainted
with the same; that said tract is adapted to grazing cattle and
other livestock from the late:_
spring until early fall; and that
there are approximatel y 125 acres of this real estate in good
blue grass sode which will easily accormnodate and fatten between
forty and fifty head of cattle.
He says that he is of the opinion
that this real estate is worth about
$9, 0oa. oa,
recent i!IlIJrovements put on said tract .
not including the
He further says that he
has no interest in the said real estate .
The affiant , Grover- c,. Koont~ deposes. as followst
That his name is Grover
a.
Koontz., aged
f '1
is a farmer residing in the County of Page.
he is well acquainted
yearer; that he
He further says that
with that certain tract or parcel of land
lying and being situate in Rockingham County, Virginia, about 8
miles east of Elkton, on top of the Blue Ridge Mountain, containing
142 acres 2 roods and 24 poles, which is now owned by Vernon
w.
Folt~ and -.ought to be condemned in these proceedings. and known
and designated on the Rockingham County ownership map filed in the
above entitled condemnation proceedings as Tract No. _4_8___•
�He further avers that he has often been upon this tract and that
he is fully acquainted with the same~ and that said real estate is
well adapted to grazing between 40 and 50 head of cattle from the
late spring months until early fa11 and that because of the
excellant blue grass sod. will. fatten and acconnnodate: these cattle.
He is of the opinion that this real estate is worth
bout $70.00
per acre, or as a whole, approximately $10,.00O.00, not including
the improvements recently placed upon said tract.
He further
says that he has no interest in said real estate.
The affiant, J"ohn
That his name is J"ohn
~ age;
w.
w.
Strole, d.eposes as follovrs:
Strole, occupation farmer, and he ia
that he residea in the County of Page.
He further
avers that he is well acquainted.with that certain tract or parcel
of land lying and being situate in Rockingham County, Virginia,
about 8 miles east of Elkton, on top of the Blue Ridge Mountain,
containing 142 acres 2 roods and 24 poili:e s, which is now owned by
Vernon
w.
Foltz and sought to be condemned in these proceedings,.
and known and designated- on the Ro~kingham County ownership map
filed in the above entitled condemnation proceedings as Tract No.
48
C been upon said tract and is
is
well. acquainted with it; that it/:rully adapted. to grazing 40 to
He further- says that he has 1
50 head of cattle from the early part of Nay until about the middle
of. November and 'llla.t it has. an exc-allant stand of blue grass.
He
is of the opinon that this real estate ia worth approximately
$9.000.00, exclusive of the recent improvements put upon said tract.
Ha further says that he has no intere st in t he above real estate.
rt~~-
�The affiant, Vernon
w.
Foltz:, deposes as follows::
That he is the owner of the real estate. set out in the above
mentioned petition , and that he <iesires to file these. additional
affidavits as to the value and amount of improvements that he
has p,ui. on sai<i real estate since the Board of Appraisal Commissionars valued said trac.t.
H.e further says that he has. placed
improvements upon mid real estate which a~tually- c.ost the sum
of
$3,DOO.oo.
ST ATE OF VIRGINIA,
COUNTY OF PAGE, TO-WIT:
I, Mary R. Holtzman, a notary public in and for the
County aforesaid_ in the State of Virginia, do hereby certify
that
n.
A. Foltz.. ~ames
and Vernon
w.
c.
Kite, Grover
c.
Koontz, .John
w.
Strole
Foltz:,. the affiants: in the above paper, personall.y
appeare<i before me, and made oath to the facts set forth above
and subscribed_ the same.
Jizy- ~onn:nission expires .June 11,1935.
Given under rqy- hand this 18th day of No~ember, 1933.
�I
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STATE co::USSION ON CONSERV-
I iTION & DEVELOPJ.rENT OJJ, THE
TATE OF VIRGINIA.
I
.ADDITIONAL AFFIDAVIT S 0
D.A.FOLTZ ,JAMES C.KITE, I
GROVER C.KOONTZ, JOHN W. ,
STROLID & VERNON W. FOLT !
VS.)( IN THE MA'l'TER OF VERNOJ
W.FOLTZ,C LAnlANT TO 142 1
ACRES 2 ROODS & 24 POLID:
I
OF LA.i."'ID EMBRACES IN
PETITION OF CONDE!,!NATIOJ
SAID TRACT BEING KNOWN
II
AS TRACT NO. 48
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CASSANDRA LAWSON ATKIUS, · &C
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KEYSER & KEYSER
I
ATTORNEYS AND COUNSELLORS AT LAW
I
LURAY, VIRGINIA
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�VIRGill~ •- ~CIBCU T COUii! OF ROCIIl!G
COUB'ttt
JANUARY~ 'its!~ _i
ION O CO SE VT O
D DEWLOPMEII!
l GINI , - - - • • • • • PETITIO
'l'HE S?A'?E CODI
0
'?RE S?A
OF
V •
son
CASS/\llDRA U
T
.ms , ET
Al.S , AND FIFTY-
0 '.fflOU Am>
FIVE WDRED SIX1.I• ONE (62,6il) AC
OF
, ORE OR
LESS , !I' ROCIIIGH.Alt COUliTY, VIRGI IA., - • - - DEF D S
~}
II RE t CLAIM 01'' VERfON W.
~•!{
a.u.u~ ,..,..,~
~
1
~3
w.
F l~s,
o.
48
d . Felt&, i:a p$rH , aa well as
e tae peti ioner by Counsel:
..d t er eupo
as 'be Hveral
t , Vel"ll8n
e the cli1
by Cou:nael , ad .ls• o
di
4
OLTZ - TRACT
pstit1 ner by C unael move
t
th~ Ceur
oTerrule
otio a, e jei: ions ud exeeptiona of said cb.
e r etoter e i te r pesed
oar d
or
d filed mt
Appraisal C
d
t , Verno
rea _eot te tae fi»dings set fort
issienera appein din thir
roceed•
il'lg, as to said tract ·o . 4:8, up :r. the s id neth s, ebjeeth:111; , and e:cc pti& s,
t~e ans,rer
A.
f tne pe1 bioncr , and the sev ral su perti a
_e ition~r and the said clain
ai,~ed by t~e clai.:,.c t who
aidered togetker wit
affidavits filed b y
$aid motion •t
t . wkio
e
etitioner was re-
rayed the Court to kear oral tes,im ny, te be con-
t e said aupperti~g
tfidavita , i
support er hi
s i
eeveral m tiena , ebjectiens a..~d e%oeptio s .
Al\d .etiti ner by Counsel , offeri~g n•
bjectioa te the.
ring ot
nth clair1a tin hia pr ayer for the he ri g
oral teati on1, t e Court
r cceeded t
heart
oral testimo y
f wit e ~es
and peti'bioner respeotiv ly. 1:aoludiag tae teatl ony
b
r
t tile
and claim t by Ceunael , having stipuldted in ope
Cou
, na ·
i ••far as the
tie a, objecti
ah claim r r ca pe aat i n fe r 1t1prov
e fi l i»e et
weu d be s
1
~e r epor~ oft e said
d by
LAW OFFICES
ELLIOTT MARSHALL
FRONT ROYAL, VA,
1"&11
d by
t
eard
ach res eot1Te y
aa:m.e te be oe•ni ered by t
eats •
or
f. ol
aaid tract
e.de by
Appraisal Ce
related
im si•c
is iener a,
viden e
, to tao value or said 1 pr ve a~ s,
Court separatel
s id moti~ a, objooti
d exoeptions
ad apar
and exoeptio a
tr
er
11
t e
th r q1osvi na
aid cl 1m t,
r
il
�•
ld
•t
•
0
• a
11
lemsa
t
ra,
ti
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LAW OFFICES
ELLIOTT MARSHALL
FRONT ROYAL, VA.
ear
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•
r
t
• •
lo
�o pen,a ti •
8peoi al I•vee tiiato r1 and Appr isal C r.n.ias ioners asoer taiud the
•rd ea the
that cldaa llt ii entitl ed t•, in any r;roas aJtd 1 dequa te maue r,
aaid ioard •t
evide• c• submi tted by the claima nt uid the petiti ener a ow tlt&t
ced by partia l~
Appra isal Cerim1aa1o•era, or any of tu meabe re bher •f were iuflue
ev1denc
1ty, •r mistak e et law ud faot &ate the nature and effec t ot the
'
...
, ,··
ai••er s wita relati &• t
tM valu
oft e said tract and tke i ciden tal du.age s
,
tnat will accrue fr m ita prop•e d ce demna ti
rumor and en
i -
era.ti a
aay atatem
ere baaed ct ~e
t,
fr0m any persen s v, o a.teve r, as all ged by tae elai ,.a i
i:n his add moth a, ob.1eo ti ons nd excep tions,
ca pemaa. tion. a.iacer tain~d. by so.id
oard
Apprc .iod C¢1. •
f
rt, excl u~ing
:J.saio era for said tract •f lad a d sot f rhk in their eaid rep
ot said r~pcr t, is
t e Talue oft e illproveme ta plac d there n since t e filin
not 10 crossl y v..d
to ce tisca ti
~
t
~nife atly i ~deq~ te ·
b
.6ck
he c
of s id pr~pe rty, 1s allege d in paragr&p
... b,iectl ons o.nd exccr ti »"';
d that the
s~i~r.c e ner t
7 ef el~ilu m '• motion s
t
vide oe botore the Curt is
tion 1
cient to s·• .a.in a !'i ding that said c npe
&.~QUBt
uffi•
in aay wise unju tor in-
adequ ate.
ioners were
That aid Speci al l:Gtveatigatora and Board et Appra is 1 Cot'lll'liss•
nob guil y of illega l and impr per oondu ct ill scert ini.:ne nd de•
termin in~ the v lue
f the said tract, as allege d in para
ap
9 f cl im nt•s
ot1on s, objeot 1o
Tnat neithe r by the c ail::1 in writin g filed wita tae record 1 th
b r~re the
Clerk 's Office by the said clai!!a nt, n r by y olai t ereaft er made
4
e f111 , of
eard t Appra ise! C iasio era urei n r t uy ime pri•r 0 •
by er
of tho aaid eard •f Appra isal Co missio •ers wa a y cl•i made
the report
c• beh&l.lt
r
·o
claimant ac te any incids nt 1 or conseq uentia l dama es result inc
other lands ef clai ant not sougll t t
er
be oond
the prcpcis ed conde ~atien of"' aaid tra.ot
a claim. fer such i cide ·tal or c n oque
LAW O F FICES
ELLIOTT MARSHA LL
FRONT ROYAL, VA.
this pr ceedi g in 1.ub-a ectic• 12
r .
ial d
ed in tai s precee ding, by reas
48, and tllat f r the first tin1e
ages appea r
in
ta
t :b.is aaid aotion a, ebj cti• s
r cvrd of
:n
xcepti naJ
�t
•
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ot
a p •'t'tl
ll
.,.
la
a\&1.
8
"pa
obj• \1
di
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,.-ti
e
••
0
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hare
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r
reo•
m•ti
rket
11"
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lu• •£
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ra
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1 repe
•t
.oo).
11,u·•·
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et
rc,t,y
N
11.....
t
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or
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LAW OFFICES
ELLIOTT MARSHALL
fl
•
al
bi
"d
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FRONT ROYAL, VA .
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�STATE OF VIRGINI A )
COUN'l'Y OF 1JARREN ) SS
1
Persona lly appeared before me the unders i gned Notary
Public in my said State and County, E. K. S t okes, who b eing
duly / sworn , deposed and said that she is an employee of the
State Commiss i on on Conserv ati on and Developm ent in imme 1.
· diate ·charge of the records of the Shenand oah Na tipnal Park
Division thereof having to do with claims of the Commiss ion
fOr distribu tive , shares of condemna tion awards in the Shena:ndo-~h Na tio.p.al Park co:t?-demna tion proce.ed; tngs pending in ,t.he
_ -_:
G,ir,cuit _.Courts of. V:i,.rgini a, by reason of c9ntrac ts 8.nd agreements entered into with the owners of lands sought to be condemned in these proceedi ng s , and that the vTithi n cla im is
ju~t and correct .
.t ' )
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Given under my hand t his 2nd day of
•
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···. :·
' :.
. ,,! ~ ;:., ...
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•
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NOTE-This need not'be filed until the r~ord discloses that the awards Jl'ave
,Courts.
Filed h, foe ~'· "'· ·" .) es::\ve
Rockingham County, Va.
been paid into the custo9f , 9f the
f,.;/H
1934
1
In the Circuit Court of Rockingham County
-. Virginia:
lerk
The State Commission on Conservation and Devel·opment of the State 1of Vir
V. At Law No. 1829
Cassand11a Laws on Atkins and others, and Fifty-T:wo Th ousand, Five Hundred ·a nd
Sixty-'One (52,561) Acres of land, more or less
Defendants.
Comes now :bhe ·undersigned and shows to the Court:
Th-at a judgment in rem :ha·s heretofore been entered in this proceeding c·o ndemning to the
use of the Petitioner the fee simple estate in the trad(s) of land numbered as foUo,w s: Tract
No. .. . ............. : Traiet No..................... : Tract No ..................... ;
and de:s cribed in the report of the Board of Appraisal Commissioners •a ppointed therein and
shown, number,e d, and delineated on the County Owne;rship Map filed therewith, upon payment
into the custody of the Court orf 1:Jhe sum (s) set ,o ut in the s,a id judgment •a s constituting the
award (s ) therefor, as follows: Award on Tract No ...48........ $.6.3.6..0... 0.Q on Tract No .............. .
$ ................ ; on Tract No ............... $ ................ ;
Th·a t the report of the said Board sets forth that the foll'owing named peroons claim, or
appear to 'have a daim to an interest in the said tract(.s ) ,o f land ,o r in the pi,oceeds arising
fr.om the condemnation thereof;
1
Vernon W. Foltz
That ,t he Petitioner has paid into the custody of the Court the s•a id sum (s) set out in s·a id
judgment as constituting the award (s) of 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 l•a nd, owned or was (were) entitled ,t o the following interest in the said tract(s)
or in the proceeds arising from the c1ondemnatio~ thereof:1
1
Under th~ terms of a duly recorded contract and deed conveying the Skyline
roadbed running through this tract, the own.er granted and 'eonvey d to the
undersigned the right to receive from said roceeds, the sum of l76~00
That no otJheir person or persons than the undersigned are entitled to share in the distribution ,of the said award (s) exce·pt the foll:owing named persons whose interest in said tr.act(s) or
in the proceeds arising from the condemnation thereof on the date of entry of said judgment
was as follows:
The above mentioned claimant to the exte t that he may be a le to
establish iA c aiJi.
Wherefore, your undersigned pray (s) that -f~
- be- ma4,e-a;m:rit -('f}tl.;f"t;'ies-)---hereiR-afldet'-tm-ttt>o¥is:iioHS- 6'f-8eeti-efl- 4H -~1--the..P.1:t'&He-Pa-~
:a-e'lffil'&tion--Ae:lr,---and·-vhatj an order
be entered for the distribution of said sum (s) set forth in said judgment in rem as constituting
the award(!'!) for the f.ee simple esta,te in the said tract(s) c,o ndemned as aforesaid, and for
the payment to the undersiigneid of the said award ('S) or .of as much thereof as the C'Ourt may
frrtd that the undersigned i's (are) entiUed to receive, and whiich the undersigned aver( s ) is as
foUo,w s : Tract No.. ............ $.l.Z§.,.QQ : Tract No................. $................ : Tract No ................ .
$ ................ ;
The undersigned further aver(s ) that: (Le,a ve this spa,c,e Mank unless there is somtl othe r
pertinent matter to be brou ght e'spedaHy to the attention of, the court)
1
NAME
P. 0. ADDRESS
... STATi
ECOAHISSION
lt
._ON .. CONSERVATION . AND
D
Pf
.
Uuu41P1//
/
T
1\
.. J~X..... ·· .. ·· -.. b1;-:1 f.u ...'fj:.•
~~COU'tIBEL
························ ···················································· 1-
NO'IIE-A supply of this ·b lank has been placed in the Clerk's office for the convenience of interested parties. No
one ia required to use this form, as the form is not pre;cribed ,b y law, and claimants can either cilange 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 tb lank 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 ~h case.
______________ __________________________________ _
,..
,_
_,
�VIRG1NIA. IN TH}.: CIRCTirTT COU T OF ffiCKINGH , .1 COU:NTY.
The 0tat e Commission on Conservation &
Development of the State of Virginia , Petitioner ,
v.
0assandra Lawson $tkins , et als , defendants .
,June 25th , 1935 .
This day came petitioner by counsel and
exhibited to the Court it.s motion in writing , heretofore filed
herein , requesting that out, of the 1-rr-oceeds of.! condemnation of
Tract ~o . 48 , claimed by Vernon Foltz , that it be paid the sum
of One Hundred and 3eventy- eHx Dollars ( -~176 . 00) upon the grounds
set forth in said motion in 11riting .
Upon consideration 1.i hereof , it appearing to
the ~ourt from an inspection of said motion in ·writing and of
the deed from the s s id •ernon F.oltz , to petitioner , and of the
-,,hole of the record in this ca se, that petitioner is entitled
to said sum of )176 . 00 so claimed , it is adjudged and ordered
thPt the 'l'rea rurer of v-iro-inia , out of the funds in his hands
to the credit of this vourt in this proceeding, do pay to petitioner
the aforesaid sum of ~176 . 00 a nd deduct the same from the gross
proceeds of condemnation of said Tract No . 48 .
�June 1 9 th, l93 5 .
f,.r. Ver non 70 1 tz ,
~
l kt ou .
Va .
De r
r.
'olt z:
or t e
se ~rou
to
n
, r .. •
a/ t .
o y to obe rt "' .yse r ,
Lur y , V •
1
m
n
our s
cr-
1
r·ul y ,
�Qtnmmnnwraltq nf Birginia
TREASUER'S OFFICE
RI C H M O N D , VA ,
J'une 29, 1935
~LX.
TREASURER OF VIRGINIA
A. B. Gathright
This is to certify that I,
of Virginia have this
29
~
day of June
Treasurer
in accordance
with an order of the circuit court of Rockingham County
dated
6/25/35
• •
in the cause of the State Commission
on Conservation and Develo:pment of the State of Virginia
Atkins
Lawson
--------------------VS• - - - - -Cassandra
:paid to
$
State Commission on Conservation & Development
176.00
being in full settlement of tract #-4--'-8_ __
in the above mentioned cause .
2o
�<1rnmmnuwtaltb nf ]lirgiuta
TREASURER'S OFFICE
RICHMOND, VA.
-~~t!1dtx:~t!~-'l~k
June 29, 1935
TREASURER OF VIRGINIA
State Commission on Conservation & Devel~pment
Received o f ~ Treasurer of
Virginia, the sum of$ 176.00
, in accordance
with an order of the Circuit Court of the county
of_~R=o~c=k~i=n=gh=am~--- entered on the
of
June
25th
day
_1936._, in the matter of the State
Commission on Conservation and Development v _ __
___C
_a_s_s_a_n_d_r_a_ L
_a_w
_ s_o_n_ A_t_k_i_n
_ s ___ and others, being
full and complete settlement for the tract of land
known in said proceeding as #- 4~8____
__Executive Secy & Treas.
Sign original and duplicate
and return to the Treasurer
of Virginia.
21
�-.
The Commonwealth of Virgini a,
To the Sheriff of the County ot Rockingham, Greeting i
..
. We command you tha;.t you cause the State COllllllission on Conserv ation
and Development ot the State of Virginia , to have possessi on .of the followin g
describe d tract, or parcel of land, to-wit:
A certain tract or parcel ot land with the building s and improvements thereon lying, being and situate in Stonewa ll Magister ial Distric t
ot said Rockingham c0unty, about two miles northea st ot Swift Run Gap, on both
sides ot the Skyline Drive, and bounded by lands formerly claimed or owned by
J. B. Dean, L. G. Meadows, G.
s.
Lough, Wesley A. Dean, Dorsey
z.
Dean and
J.B. Dean; said tract contains about one hundred and forty-th ree (143) acres,
but be the same more or less, and is a part of the lands acquired by said State
Commission on Conserv ation & Development in certain condemn ation proceed ings
institut ed and conducte d in the Circuit Court of Rockingham County, Virgini a,
under the style of State Commission on Conserva tion & Development of the State
ot Virginia , Petition er, v. Cassand ra Lawson Atkins, and others, defenda nts,
which the said State Conmission on Conserv ation & Development of the State of
Virgini a, late in our Circuit Court ot the County of Rockingham hath recovere d
against Vernon
w.
Foltz, whereof the said Vernon
w.
Foltz is convict as appears
to us of record.
And how you have execu~ed this writ make known to the said Court
on t he first day of its next term, succeedi ng the date hereof.
And have then there this writ.
Witness , J. Robert Switzer , Clerk of our said Court at the
Courtho use this ;;-t/-aay of ~
1935 , and in tho l.59th Par of
the Commonwealth.
11
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d:::z
t
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Not finding Vernon.W.Foltz at his usual place of abode,Exeouted
Sept.18,1935 by delivering a ! t~ue oopy of this Writ of Posseuion
to Jira Vernon. w. Foltz in pera.on,at said Vernon t. Foltz usual
p1aoe of abode ~a; Vernon.W.Foltz: being a. me,.mber of the family
above the age of 16 years ,and explainingthe purpoas thereof to
her.
~ ll/4 _I,;
LI/ y ?;:;t£:-~
\ --
~A/,/
D.S.for a.a.Fawley ,S.R.C.
�AUBREY G , WEAVER
WM . C. ARMSTRON G
LAW OFFICES
WEAV ER & ARMS TRON G
FRONT ROYAL, VIRGINI A
November 9th,l9 35.
Mr. J. Rober t Switz er, Clerk ,
Harri sonbu rg,
Virgi nia.
Dear Mr. Switz er:
A writ of posse ssion on the jud~e nt in
of State Commission on Conse rvatio n & Development v. Verno unlaw ful detai ner
n Foltz , was issue d
some month s back, return able to the first day of your Octob
er term, which w~s
Octob er 21st, 1r I recal l corre ctly.
I am think ing that this writ is now dead and that a new
one will have to be i ssued .
I am reque sted by the Chain:nan of' the state Commission
on
Conse rvati0 n & Devel opmen t, to proce ed with the evict ion
of
Foltz
at
once.
There fore, I am askin g that you issue a new writ return able
place in the hands of the prope r offic er at your earli est : ovember 22nd, and
conve nienc e.
a/t.
Yours very
��THE COMMON ''EALTH OF VI RGI NIA ,
TO THE SHERIFF' OF TH• COUNTY OF ROC~ I NGH.Alt , GREETING:
Vte command you that you c aus
the State Commissi on on ,
Cons rvati on and Develop ment of the State of Virgin ia, to have
posses s ion of t'ie follo·-1 ng describ ed tract, or p reel f land ,
to- it:
A cert1in tract or parcel of land with the buildin gs
and improve ment s hereon , lying, be1ng and s itu qte in Stonew all
t J.!:
"vJ
~
Magis terial Distri ct ~f sa td R~CAingham County , about t~o mtle~
northe as t of wift Rn Gap, on both ~ide s of tno SKyl ine Drive ,
anct bounde d by lands f rmerly clai med or owned by J.B . Dean ,
L. G. eadows , G. s. Lough , Wesley A. Dean, Dorsey z. Dean and
-<
J . B. Dean; said tract cont ains about one hundred and forty-t hree
(143) acres , but be the s·me more or le ss , and i s a art of the
lands acquire d by said State; Commis sion on Conser v::,t ion and
Dev lopmen t in certain condem nation procee dings lnstitut d and
conauc ted in thoCirc uitC()u rt of Rocking ham County , Virgin ia,
under the style of Stute Commi s sion on Conser vation and Develop ment of the State of Virgin ia , Petitio ner , v. Cassan dra La son
AtKins , and others , defend ant~ , \\hich tho e;aid State Commis sion
on Conser v tion and Develop ment of the State 0f Vir~in ia , lnte
in our Circui t Co urt of the County of RocKingham hath recove red
agains t V rnon i. Foltz, ~hereo f the sa i d Vernon ~- Foltz is
convic t s appear s to us of record .
And how you have execute d this grit ma~e Kno ·n to
the said Court on the 22d day of Novomber next succee ding the
date hereof .
And have then and there this \\rit .
V'itnes :: , J. Robert Sv,i tzer, Cler:i'. of our raid Co ,1rt,
at the Co rt :ouse thereo f, this
day of Novemb er, 1935 ,
and i n the 160th y ar of the C~mmon~ealth .
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�IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY, VIRGINIA .
ST TE COMMISSION ON CONSERVATION
AND DEVELOPME1-J"T OF THE STATE OF
VIRGINIA
PETITION OF VERNON W. FOLTZ
vs .
)( FOR AN ORDER OF DISTRIBUTION
CASSANDRA LAWSON ATKINS, &C .
TO THE HONORABLE H. W. BERTRAM, JUDGE OF SAID COURT :
Your peti tioner , Vernon
w.
Foltz, respectfully represents
unto Your Honor as follows :
That he is the owner in fee simple of a certain trac t or
parcel of land, lyi ng and being situate in Rockingham County,
Virgi ni a , about 8 mi les east of Elkton, on top of the Blue Ridge
Mountain, containing 142 acres, 2 roods and 24 poles , more or
l e ss , and within the bounds of the Shenandoah National Park,
and which i s known and designat ed on the Rockingham County ovmership map filed in the above entitled condemnation proceedings as
Tract No . 48 ; and
That the Spe c ial I nvest igators and Board of Appraisal
Commissioners heretofore appointed in these proceedings awarded
your petitioner the sum of $4880 . 00 as compensation anddamages
for the taki ng of the aforesaid land as will more fully appear
from their report f i led in these proceedings ; and
That your petitioner filed exceptions to said Commissioner '
report in Your Honor ' s Court praying that the Court decline to
accept the report of Commissioners and disapprove the findings
of fact therein set forth, and on which exceptions a hearing was
hand, and upon the determination of said exceptions by Your
Honor ' s Court an order was entered awarding your petitioner the
sum of _ _ _ _ __ __
Dollars ( $
It; IJ: b'D
oG
)
for compen-
sation and damages for the taking of the aforesaid tract of land;
FORD 8: KEYSER
ATTORNEYS
a: COUNSELLORS AT LAW
LURAY, VIRG INIA
and
�That the petition for condemnation in this cause states
that your petitioner is the fee simple owner of the real estate
aforesaid and that t he record · n thi
suit .does not disclose
any denial or dispute of such statement or charge contained in
said petition .
Your petitioner alleges and avers that there are no liens
or encumbrances of any kind whatsoever binding the aforesaid
tract or parcel of land.
WHEREFORE, your petitioner prays that the Court may make
an order which shall be entered in this cause directing that the
aforesaid sum of $ ~ Lf-.<iD ~
(
to the said Vernon
w.
shall be forthwith paid over
Foltz, the landowner as af oresaid, or the
attorney of record.
By Counsel
.- ~
~
COUNSEL
FORD 8: KEYSER
rtORNEYS
a COUNSELLORS AT LAW
LURAY, VIRGINIA
�\J)
STATE COMMISSION ON CONSERVATION & DEVELOPI'.1E:NT OF THE
STATE OF VIRGINIA
VS. )( PETITION OF VERNON
W. FOLTZ FOR .AN ORD*
ER OF DISTRIBUTION
CASSANDRA LAWSON ATKINS,
FORD &
&c
KEYSER
ATTORNEYS AND COUNSELLORS AT LAW
LURAY, VIRGINIA
�.
•
...
STATE OF VIRGINIA,
COUNTY OF ROCKINGHAM, to-wit:
I, J. Robert Switzer, Clerk of the Circuit Court of
Rockingham County, in the State of Virginia, the same being a
Court of Record, do hereby certify tha t in the records of delinquent taxes in my office, I find no record of any taxes against
the tract of 142 - 2 - 24
, being delinquent, said tract
being assessed in the name of Vernon W. Foltz
, situate in
Rockingham County, State of Virginia , and being tract #48, acquired by the State Commission on Con. & Development of St. of Va.
Given under my hand this 20th
day of
January, 193 7 .
9dl~~
~
J . ~Switzer, ~ h e Circuit
Court of Rocking am County,
Virginia .
�"
"
IN THE CIBCUIT COURT OF ROCKINGFLi\M COUNTY, VIBGINIA.
STATE CONwUSSION ON CONSERVATION
AND DEVELOP:MENT OF THE STATE OF
VIHGINIA.
vs.
)(
ORDER OF DISTRIBUTION TO VERNON W.
FOLTZ.
CASSANDRA LAWSON ATKINS, &C
On
this ?:t>';'t-.,. clay o:f January, 1937, again came Vernon W.
Foltz, who heretofore by leave o:f Court filed his petition and
application :for the payment ta him of the. sum of $
0
0-0
b D'
b4::
,
the :final amount of the award set out in an order entered in
this Court upon the determination o:f exceptions filed to the
original report o:f the Board o:f Appraisal Commissioners for
Tract No. 48, which said sum has heretofore been paid into Court.
And it appearing to the Court from the report of the
Board of Appraisal Commissioners here to:fore :filed in this cause
and in the petition :for judgment and condemnation entered therein
that in the opinion o:f the petitioner the said Vernon VI . Foltz
is vested wi.th a superior right or claim of title in and to said
tract of land No. 48, or to the proceeds arising :from the condemnation thereof, and is therefore entitled to receive the
proceeds arisi:r.g from the condemnation of said Tract No. 48, and
it appearing to the Court that all taxes due or exigible thereon
have been paid, upon consideration whereo:f it is ordered by the
Court that s~~d sum o f $D~
Q--0 · aid into ~ourt by petitione
~~~~p17,~s~ ~ ~~ ~~~
· llas just comp~ion ~or said Trac
said Vernon
¥.
o. 48,11 be paid unto the
1-t'oltz, and that the Clerk o:f this Court be, and
is hereby, directed to transmit a certified copy o:f this order
~ ..2.... \J~ w ~c--...
to the Treasurer o:f Virginia, who shall pay unto 'S,ilnd ~ ne:,eer,
::LuP~, Page County, Virginia, a.:ttornoys o;f: rQ<;;sra fox 'bae said
FORD 8c KEYSER
a: COUNSELLORS AT
LURAY, VIRGINIA
ATTORNEYS
LAW
•
1
�~ w.
Fol+r.l, the sum o:f $
b3 0 4~ , the final amount of
the award set out in the order entered by this Court upon the
determination of exceptionsliled to said ~ommissioners' report
~ ~ I '71P t° Op:'-'<>-A4
for said Tract No. 48)\ and ertif'y such payment to the Clerk of
this Court for appropriate entry thereof' as required by law.
FORD 8: KEYSER
a: COUNSELLORS AT
ATTORNEYS
LURAY, VIRGINIA
LAW
�IN THE ClliCUIT COURT OF ROCKINGHAM COUNTY, VIIDINIA
State Commission on Conservation
and Development of State of Virginia
vs .
No . 1829
Petitioner
Condemnation
Cassandra Lawson Atkins and others
and 52 , 561 acres of land, more or less .
Defendant
In the matter of the order entered herein on the 10th day
of September , 1938, on motion of State Commission on Conservation
and Development aild the Treasurer of Virginia, directing that
Vernon W. Foltz and Robert W. Keyser show cause why they and each
of them should not be directed to refund and pay over to the
Treasurer of the State of Virginia , the sum of One Hundred Twenty
Dollars ($120.00) alleged to have been paid by the said
Treasurer
of Virginia unto the said Vernon Vi . Foltz in excess of the amount
to which said Foltz was entitled on the face of the record herein ,
as his distributive share of the a\Yard to which he ·was entitled
by reason of the taking by said Commission of the tract of land
known in these prec eedings as Tract No . 48, came the parties,
to- wit:
State Commission on Conservation and Development, the
Treasurer of Virginia by counsel , Robert W. Keyser and Vernon W.
Foltz, by counsel, on this the 6th day of March , 1939, and submitted
the motion on which said order to show cause was entered, the
answer thereto and the entire record herein and prayed that the
Court adjudicate and determine the respective rights of the various
parties herein, arising out of the matters set forth in said motion
and answer .
Whereupon,the contentions of the parties having been argued
at length by counsel, the Court found that the said award to
which thesaid Foltz was entitled by reason of the taking of said
tract as set forth in the order entered herein on January 22 , 1934,
on · e·xceptions ·
. · to the value fixed and ascertained for the
taking of said tract by the Board of ~ppraisal Commissioners
1
�2.
anpointed herein, was $6,480 . 00 and that the amount actually
paid the said Foltz by the said Treasurer of Virginia under the
order of this Court directing payment thereof, entered herein
January 20, 1937, for the sum of $6,304 . 00, being the amount of
said award of $6,480.00 less the sum of $176 . 00 theretofore paid
to the said Commission pursuant to the terms of a distributive
order entered herein on the 22nd day of January, 1934 , was not
in excess of the amount to which the said Foltz was entitled
under the said order; and the Court further found that the
deficiency of $120.00 in the special fund in the hands of the
Treasurer of Virginia for application to the award for the taking
of said tract originated in the failure or omission of the State
Commission on Conservation and Development to pay into the said
fund the full amount of said award of $6,480 . 00; -- the amount
actually paid in as appears from the face of the record being
$6,360 . 00:
"Whereupon, the parties having submitted their respective
ri ghts and obligations , arising out of the facts disclosed by the
record, and the said order to show cause and answer here in, to
the &djudication of this Court in this proceeding, it is considered,
adjudged, ordered and decreed that the motion to show cause on which
the said order to show cause was entered September 10, 1938, should
be and it is hereby dismissed:
And it is further adjudged, ordered and decreed that the said
State Commission on Conservation and Development should and shall
pay over to the Treasurer of Virginia, from the funds in its hands
known as "Shenandoah National Park" funds, the sum of $120. 00 to ·
be placed by the said
; t,.
in his hands
~u..~1.;-,,,
?' . I
r-th.e-~ ayme n t
fo
sa..id
TT.{;tC..t No., 48 .
ti
�3.
Costs in this proceeding, but not including attorneys fees,
will be taxed against the State Commission on Conservation and
Development.
Enter:
.Jh·«t3 Judge
1L
�0 fJL/
I 76
l~
/ 3 6
Ii
u
CJ
�VIRGIIHAa
IN Tilli CIRCUIT COURT OF ROCKIHGHAH COUNTY
TIIB STATE COM11ISSION OH CONSERVATION
AlID DEVELOPMEUT OF TH~ STATE OF VIRGIIUA
Petitioner
v.
CASSAlIDRA LAWSON ATKI 1S AUD OTHERS,
AUD FIFTY- T'i~O THOUSAlID, FIVE HUlIDRED
AND SIXTY-om: (52.,561) ACRES OF LAIID,
.10RE OR LESS •
Defendants
On this day ca.me the State Commission on Conservation and Development
the petitioner in the above entitled condemnation proceeding, and Edwin B.
Jones, Treasurer of Virginia, by counsel, and exhibited the record herein, including the report of the Board of Appraisal Commissioners appointed herein,
and the County Ownership Map filed therewith, in which report the value of
Tract Ho. 48 as shown on said map, less a hundred foot wide strip traversing
the same, and known as the Skyline Drive strip, was found and reported to be
~4,760 . 00, being $4,880. 00 the appraised value of the entire tract, less
$120 . 00 the value found for the said Slcy'line Drive strip: the judgment entered
herein upon exceptions to these findings, allowing an increase of $1600. 00 on
the values ascertained by the Board of Appraisal Commissioners by reason of
buildings erected on this tract after its value had been ascertained and
reported by the Appraisal Commissionersa the judgment in rem entered herein
condemning Tract No. 48, less the said Skyline Drive strip, to the use of the
petitioner upon payment into the custody of the Court of $6 , 360. 00 the amount
of the award adjudicated for the taking thereof, being $4,760. 00, the value
set thereon by the Appraisal Commissioners, plus $1600. 00 allowed as aforesaid
:for the newly C(?nstructed buildings: the order of this Court setting forth the
fact of payment by the State Commission on Conservation and Development of the
amount of said award, $6 , 360. 00, into the custody of the Court by the payment
of said a.mount $6 , 360 . 00 to the Treasurer of Virginia, to be held by him subject to the order of the Court: the distribution order entered June 26, 1935,
directing payment by the Treasurer of Virginia to the State Commission on
Conservation and De1:,ropment from the amount of this award in his hands of
the sum of $176 . 00, -pursui~tto the terms of a deed conveying said Skyline Drive
strip to the Commission, executed June 11, 1931 and recorded in Deed Book 150
at page 64 in the office of the Clerk of this Court, wherein Vernon w. Foltz,
the owner of said Tract No. 48, authorized and directed such payment to the
Commission from any award adjudicated for the taking of said Tract No. 48
in the course of the above entitled condemnation proceedings the distribution
order entered January 20, 1937, directing payment by the Treasurer of Virginia
to Vernon W. Foltz, the former ovmer of this tract, of the sum of $6, 304. 00
from the amount of the said award held by him subject to the order of the
Courta and the certificates of the Treasurer of Virginia to the Clerk of this
Court setting forth the fact of payment by him of the said sum of $176.00 to
the Commission, and of the said sum o:f $6 , 304 . 00 to Vernon w. Foltz, a total
of $6 , 480 . 00, in obedience to said orders entered respectively June 25, 1935
and January 20, 1937, being $120 . 00 more than the sum of $6, 360.00 adjudicated
for the taking of Tract No. 48 less the said strip, and paid over to the
Treasurer of Virginia as above set forth .
1vhereupon, A. c. Carson, Counsel for the State Commission on Conservation and Development and the Treasurer of Virginia, moved the Court for an
order directed to the said Vernon W'. Foltz and Robert W. Keyser, the attorney
who represented him in procuring the entry of the above mentioned distribution
order, entered January 20, 1937, directing them and each of them to show cause
JC/,
�why they and each of them should not be required by order of this Court, to
refund to the Treasurer of Virginia the sum of $120 .00, on the ground that it
appears from the face of the record itself, that the sum of ~6 ,304.00 paid to
Vernon W. Foltz by the Treasurer of Virginia, pursuant to the terms of said
distribution order, was $120 .00 in excess of the amount he was entitled to
receive from said award, and in excess of the amount in the hands of the
Treasurer of Virginia, subject to the orders of this Court distributing the
award adjudicated and paid into the custody of the Court for the taking of the
lands of the said Vernon W. Foltz .
Upon consideration whereof, and it appearing on the face of the
record that the Treasurer of Virginia did in fact pay unto the said Vernon W.
Foltz the sum of $6 ,304.00, as improvidently directed in said distribution
order entered January 20, 1937, which a.~ount was one hundred and twenty dollars
($120.00) in excess of the amount to which said Foltz was entitled on the face
of the record, and also ~120 .00 in excess of the amount held by the Treasurer
of Virginia subject to the order of this Court on account of the award for the
taking of said Tract No. 48; and, it appearing further that the said over payment arose by reason of the failure of Vernon W. Foltz and his counsel to
direct the attention of the Court, when they procured the entry of said distribution order dated January 20, 1937, to the fact that the award for the
taking of said Tract No . 48, less the above mentioned Sk<.rline Drive strip, as
finally adjudicated in the above mentioned judgment in rem, was $6 ,360.00 and
that the amount of said award paid over to the Treasurer of Virginia by the
State Connnission on Conservation and Development was $6 ,360000, being one
hundred and twenty dollars less than the adjudicated value of said Tract No .
48 in its entirety; and, it appearing further, that the over-payment was
directly attributable to the erroneous representation to the Court by Vernon W.
Foltz and his attorney, Robert W. Keyser, when said order was entered, that the
sum of $6 ,480000 was paid into tho custody of the Court by the Coronission 11 as
just compensation for said Tract :No . 48 11 , whereas the record clearly showed at
that time that the sum actually paid by the Commission was $6 ,360.00, being
the amount of the award as finally adjudicated and set forth in the judgment
in rem condemning this tract less the Sh.'Yline Drive strip, to the use of the
petitioner:It is considered, adjudged and ordered that said Vernon r . Foltz
and Robert W. Keyser, his attorney as herein set forth, should be and they
and each of them are required and directed to show cause in writing, filed
with the papers of this proceeding, within twenty days from the entry of this
order, why an order should not be entered herein directing them and each of
them to pay over to the Treasurer of Virginia the sum of one hundred and
twenty dollars alleged to have been paid by the said Treasurer to the said
Vernon W. Foltz as hereinbefore set out, in excess of the amount to which the
said Vernon W. Foltz was entitled on the face of the record as of the day and
date of said alleged over-payment.
The Clerk of this Court is directed to mail forthwith certified
copies of this order to the last post office addresses of the said Vernon W.
Foltz and Robert W. Keyser, Attorney at Law, disclosed by the record in this
proceeding, or if no such addresses are thus of record, to their last known
addresses.
}
1
(
l
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�11;st i mate of ' the coat of Filling Station 1·or Vernon ii. Foltz.
In Park Area near ~lkton, virginia.
30 cu. yas- ~xcavation
33 cu.yds-- Concrete walls & flo ors
484 sq.ft.- 'Top finish
@
- .1rraming
4192 f't
otairway
3000 ft. - Shea ting & stone siding
Sla te coated shingles
14 aqs
- Plastering
100 yae.
- stucco metal latn
15b »
@
B & B Beaded Clg
1261 rt.
a
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Flo
725 "
ulass
0/8
l
b/8
A
2/8
1- Door
u o x panel
- 2/8 x o/8
2- l)oor
11
11
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- 2/o x o/b
l- Door
4- Winoows- 10/lo 12 Lt l 1/8
B;K 10 b u 11 11
2- oash
- 10/x 12
0- ::lash
1- ~arage door ~ - 0 x 6-o Bat.
227 Cornice material
148 lin. t·t. 2 1/2 Crown Iu.Qula
- Ceiling B & B
302 ft.
604 ft.
11
By Mims, Speake & Company,
Luray, v irgi nia •
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- 24. 'Io
280.00
4
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63 .00
.50
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44.13
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02.02
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17.00
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8.25
29.00
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4.44
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21.14
B & B
Haraware
300 # nails
ln chimney
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810
1'himbles
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Flasning chimney
Counter & Shelving
.h: lectric Wiring
120 lin. rt. Base
4.00
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.30
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20.00
40.00
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100.00
,:Pl28? .. 27
Ins. Overhead and Pror it 10%
124. '12
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�.Estim ate of the cost of cottag e for -vernon w• .l!'oltz .
2 Cottag es like this
12'-0 11 x 20- 1 0 11
in Park Area near Elkton , virgin ia.
By Mims, Speake & Company,
Luray , virgin ia.
9---- Piers< bExca vation
.20
:w l.ti(J
8~HJ-- f t • .1rraming Lumbe r
2.00
1'7. 98
obO- -"
Sheat ing
2.00
11.00
600-- "
Floor ing
4.bu
27.00
llo-- yds. Plaste r
.50
57.60
6---- Sqs. Ho ~fing
o.oo
Jo.00
04--- lin. ft.Soc ia
"()jt
1.92
380-- Brick
@
.~Q
11.40
2
·1·n ir.ab le s
.10
.00
l!'lasb. ing
1.00
Porcn Colum ns 3 4 x 4 11
.t>O¢
1.00
4 Window s
4.t>O
18.00
3 Doors
7.00
21.00
2 t;lose t doors
2.00
4.00
Close t shelve s
1.00
9--- Stone piers
.:50¢
4.ou
Elect ric wiring
10.00
?14-- ft. ttotigh Sicting
0.00
21.42
3-- Locks ( morti ce)
.65
l.<Jj
3-- Pr. Butts
.20
.60
Loe.ks & l..ifts
.oo
? 6 !f Nails
t>,rt
::,. ? 0
.N O Painti ng
Labor - Carpe nter
00.00
\~14.2 2
Insura nce, Overhe ad &'Pro fit
jl.42
ij~4o.o 4
:2
Single Gottag e.
/, l.
8'-0° x 12'-0"
Excav ation & Found at i on
428-- ft • .J:i'raming Lumbe r
234-- it. Sheati ng
I
@
116--! 't • .1rrarni ng for Porch
37 u--:f t. Vall :Board s
2---- -- Windows 8/10 9 Lt.
1---- -- Door
@
li.araw are
20ff-- --- .Nails
2.00
2.00
2.00
4¢
4.00
b.00
Insura nce- Overhe ad & ~rofi t
2 .. 00
s.oo
4.oe
2.~2
15.04
8.00
o.oo
1.00
1.00
120 ....... - Hrick
34--- -- Lin.f t. facia
2t sqs Compo. tloofin g
3o5-- --ft. Siding rtough
~o Paint
•
Carpe nter- Labor
~·
~
~.'lb
2.00
;s.oo
.08
5.00
10.96
30.00
:ipY?.'.;t s
':). "l';J
~10'7. 'l'l
�.
Estima te of the coat of cottage . for Vernon
2 Cottage s like this
12'-0~ x 20-'U"
In Park Area near l5 lk ton, Virgini a.
w. ~oltz.
l3y Mims, :Jpeake & r;ompa.ny,
Luray, Virginia ..
9--- ·· Piers4E xcavatio n
899-- ft. naming Lumber
550--"
She ting
600--"
Ylooring
115-- yde. ?laster
6---~ ~qs. Ro Jfing
64--- 11n. ft.Socia
380-- Brick
~
2 -- ':thimbles
Flashing
Porch Columns 3 4 x 4"
4 Hndowa
3 lJoors
2 Closet doors
Cloi::et shelves
9--- ::;tone piers
Electric wiring
714-- ft. Rough Siding
3-- Locks ( mo tioe)
3-- Pr. Butts
Locke & lifts
·
?5 # Nails
:No Painting
.80
2.00
2.00
4.bO
.50
6.00
27.00
F,7.50
36.00
~ft
1.92
11.40
-~O
.15
.30
1.00
1.50
.50¢
1e .oo
4.50
'1 .00
2.00
211-00
4.00
1.00
4.50
• tiOf,
10.00
t
3.00
21.42
.65
. 20
1.95
~60
.60
~¢
Labor- Carpent er
Insuranc e, overhead
'
l.t10
l'l.98
11.00
~. 7 5
60.00
~p3l4. 22
&
Profit
~l.42
' 34b. 64
Excavat ion & l!'o ndation
428--ft. i~Blling Lumber
234--ft . Sheating
116--ft. Jrraming for iJ orch
376--f t. Wall Boards
2------
1-----Hardware
Windows 8/10 9 Lt.
Door
@
2.00
2.00
2. 00
4¢
4.00
5.00
Insuranc e- overhead & ~rofit
2.00
8lffi6
4.6e
2.02
15.04
e.oo
3
5.00
1.00
1.00
3. '15
2. 00
3.00
5.00
10.Y5
20//----- Nails
125 ..... - Brick
34----- Lin.ft. facia
2½ sqs Compo. Roofing
365---- ft. Siding hough
No Paint
c rpente r- Labor
~-
.6r
30.UO
:islJ?. 98
9 .'79
JlO'l.??
�coat. of 'o
Ee tim.:,.te
2 Cott ,ee
•
•
In P rk Ar
9----
iers~~xcnvati~n
·rtuning ll ... b r
8~\i-- ft.
Sh~ ting
050 --"
Yloorin .
600 -- ~
'laater
•
yd
115--
6---- uqa . Ho.fin 64--- lin. rt.sooia
'
3 o-- ~r1 ok
2
.jo
-- 'l'himbles
l!l n1n
} oroh Uolumn
4 ,1nd owe
3 4 x 4n
,..
.j
. :.>0/
1 . 00
1 .::io
4 ev
1.oc
lJoore
2 Oloaet oor
Clo t ehelve
9--- ton pi rs
l otrio wiring
3
2 . 00
' ) .oo
. Gsc:
3-- Looks ( rnott c )
. 20
3-- Pr . Buth:
lif t s
Locks
'15 Jl N ils
· o P inting
l!:XCO.V
~
o
1
t· n
nci
2 . 00
2 . 00
ting
fr
116--:ft.
376--f t.
2-----..
1-----l10.re1 ar
orch
rde
3/10 9
t.
voor
2:
2.co
4¢
4 . UJ
o.oo
~
2 . 00
Hu6
..
4 . 6•
,., . •_.>...
1u.04
.oo
b . 00
1 . 00
aqs Compo . Hoo1·1n
2.' 0
365- - --f t. Siding «ouch
0 . 0'
No Pint
c r pente r- I .hor
d
3.?o
•0 ~
Lin.ft. f ci
Ineure.noe- ov rh
.) • 'I 0
1.uo.
20,-. ----- a.11
120 ...... - ~rick
34-----
21 .42
1.~5
.60
x 12' - 0"
ing ! umber
234-- t.
4.bO
10100
Profit
s· -0
~ot ta~e .
tion
4 .1)0
60 .00
:.114. :.!2
rhead
Oy
42e--rt.
.o
21.. 0
• 60
'Jft
L bor- Carp 11t r
Sin l
l
1.00
• ~O;'!'
714-- ft. xoul.t,h Bidin g
Insur nee ,
ll.40
. 10
Profit
5 . OtJ
10 . ~t>
�A. C. CARSON
ATTORNEY AND COUNSELLO R-AT-LAW
RIVERTON , VIRGINIA
November 10, 1938
Mr. J. Robert Switzer , Clerk
Circuit Court of Rockingh am County
Harrison burg, Virginia
Order to show cause in claim of
Treasur er of Virginia for refund
against Messrs. Keyser and Foltz.
Dear Sir:
Be good enough to furnish me with copy of response
of defenda nts to the order to show cause why they should not
make refund in Park Condemn ation Case of over-pay ment claimed
by Treasur er of Virgini a, and to send bill for services direct
to Colonel Richard A. Gilliam , Executiv e Secretar y and Treasur er,
Virgini a Conserv ation Commiss ion, Richmon d, Virgini a, togethe r
with the enclosed signed carbon copy of this letter which will
serve as voucher and authorit y for the renderin g of this service .
Yours truly,
A.C~~sel,
Virginia Conserv ation Commiss ion.
ACC:VCT
�'-
IN THE CIRCUIT COURT OF R OCKINGH.AN COUNrY, VA.
ST.ATE cm,:lMISSION ON CONSBRVATION AND DEVELOPMENI'
OF THE STATE OF VIRGINI
filed in the Clerk's Office
Rockingham County, Va,
StP Jo ·l~.10
vs
CASSANDR LAWSON ADKINS and others
and 52,561 acres of land, more or less.
~~Clerk
~;J-<-(o/~
ANS\IER
f/l4/5 '/
-
ff~//.
For answer as required by a decree entered in the
Circuit Court of Rockingham County on September 10, 1938 in
the above matter requiring Vernon W. Fultz and Robert
w.
Keyser to show cause in writing within twenty days from the
entry of said decree why an order should not be entered,
directing them and each of them to pay over to the Treasurer
of Virginia the sum of One Hundred Twenty Dollars ($120.00)
alleged to have been paid by the Treasurer to the said Vernon
W. Fultz in excess of the amount to which the said Vernon W.
Fultz was entitled on the face of the records in the above
entitled matter as set out in said decree.
The said Vernon
• Fultz and Robert W. Keyser do answer, jointly and severally,
and say: That:
1.
The report of the Appraisal Commission filed in the
above matter shows that there was allowed for the strip of
land deeded to the State Conservation Commission for the use
of the Skyline Drive One Hundred Twenty Dollars (~120.00) and
that the award for the residue of the land taken from the said
Vernon I. Fultz was Four Thousand Eight Hundred and Eighty
Dollars {$4880.00).
2.
That it i s ~ out in said decree that the said
Vernon f . Fultz did deed to the Sta te Conservation Commission
75
�2.
fo r the co ns tru cti on of the
a str ip of lan d to be use d
lla rs
of Two Hu nd red Ni ne ty- Six Do
Sk pli ne Dr ive fo r the sum
th at sa id sum of Two Ru nd red
($2 96 .00 ) an d the rei n ag ree
ard ,
de du cte d fro m the fin al aw
Ni ne ty- Six Do lla rs sh ou ld be
in th is ma tte r.
or fin al jud gm en t, en ter ed
Ro be rt w. Ke yse r
Th e sa id Ve rno n W. Fu ltz and
ta l
mi t to the Co urt th at the to
do the ref or e re sp ec tfu lly sub
fo r the
ing the str ip of lan d tak en
am oun t of the aw ard , inc lud
0)
Fiv e Th ou san d Do lla rs ($5 ,00
Sk yli ne Dr ive pu rpo ses , ma kes
sum of
clo se , sh ou ld be add ed the
to wh ich , as the rec or ds dis
W.
60 0.0 0) all ow ed sa id Ve rno n
Six tee n Hu nd red Do lla rs ($1
iss ion er' s re po rt, ma kin g
mm
Co
id
sa
to
ed
fil
s
on
pti
Fu ltz on ex ce
and
Hu nd red Do lla rs ($6 60 0.0 0),
. a to ta l~ ar d of Si xty Si xty
~.~
($2 ~•. oo }
red
nd
Hu
o
Tw
af ter de du cti ng the sum of
Ve rno n W. Fu ltz fo r sa id
id
sa
the
by
ed
eiv
rec
nt
ou
be ing the am
ce of Si xty Th ree Hu nd red
lan
ba
a
s
ve
lea
it
,
ip
str
Sk yli ne Dr ive
W.
am oun t pa id to sa id Ve rno n
the
),
.00
04
63
{$
rs
lla
Do
and Fo ur
Vi rg ini a.
Fu ltz fro m the Tr ea su rer of
e
n of the rec ord in the ab ov
tio
ina
am
ex
an
m
fro
at
Th
3.
id
of lan d be lon gin g to the sa
ma tte r re lat iv e to the tra ct
the
at a jud gm ent wa s en ter ed on
Ve rno n W. Fu ltz , we fin d th
de r en ter ed , the re was to
or
an
by
at
th
and
,
ard
aw
t
abo ve se t ou
lla rs
Hu nd red and Se ve nty -S ix Do
be de du cte d the sum of One
Stxtf-Four
Dr ive st rip .
($1 76 .00 ) fo r sa id Sk yli ne
Co urt th at af ter de du cti ng
the
to
t
mi
sub
y
ull
ctf
pe
We res
en ter ed on th is aw ard and on
ent
gm
jud
the
m
fro
.00
76
$1
the sai d
lan ce of Si xty Th ree Hu nd red
ba
a
s
ve
lea
it
at
th
s
on
pti
the ex ce
the am oun t pa id to the sai d
and Fo ur Do lla rs ($6 30 4.0 0)
t
:fu rth er say t o the Co urt tha
Ve rno n V. Fu ltz . We wo uld
the Sk yli ne Dr ive str ip by
r
fo
ed
ow
all
.00
20
$1
the
ap pa ren tly
the sum of $2 i6. oo , he nc e
m
fro
d
cte
du
de
s
wa
ers
ion
sa id Co mm iss
ing a de du cti on fro m sa id
ow
all
urt
Co
the
by
ed
ter
en
the ord er
aw ard of $1 76 .00 .
�3.
Therefore , the said Vernon l . Fultz and Robert
Keyser
~3X
•
answer to said decree by saying that the records
do not disclose any error or any over payment to the said
Vernon l. Fultz and that the Treasurer of Virginia is not
entitled to any refund from the said Vernon W. Fultz.
Respectfully subnitted, .
77
�
Dublin Core
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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
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
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Source
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Fultz, Vernon - Hinckle, J.W.
Identifier
An unambiguous reference to the resource within a given context
fultz-vernon.pdf
Title
A name given to the resource
Fultz, Vernon
Publisher
An entity responsible for making the resource available
Rockingham County Circuit Courthouse
Description
An account of the resource
Location: Dean Mountain
Coverage
The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant
Tract(s): 48
Format
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PDF
Rights
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This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Contributor
An entity responsible for making contributions to the resource
Pake Davis, Tristan Nelson, Liana Bayne
Fultz
-
https://omeka.lib.jmu.edu/erp/files/original/cf1bdd1293435496d29c53431d31f327.pdf
72ed8761fe63782b9c1cd1ff2c2fd024
PDF Text
Text
��
https://omeka.lib.jmu.edu/erp/files/original/242861b8e7bd08d2d705f791014c333c.pdf
eb894bf3fcbed46d65470eb9ffe0b786
PDF Text
Text
This indenture made the 17th day of December on the year 1816 between Aaron Solomon and
Richard P Fletcher overseer of the poor in the county of Rockingham of the one part and Henry
Pultz of the same county of the other part witnesseth that the said overseer of the poor in
pursuance of an order of the county court of Rockingham made at June court 1816 do put and
bind Christian (a free boy of colour) five years old the 3rd day of April 1816 also George (a free
boy of colour) three years old the 1st day of February last as apprentices to him the said Henry
Pultz and with him after the manner of apprentices to dwell and serve until each of them shall
arrive to the age of twenty one years. In consideration of which the said Henry Pultz binds
himself to the said Solomon and R Fletcher or his successors in office to find the said apprentices
in good and sufficient clothes meat drink and lodging fit and convenient for such apprentices and
also at the end of their said apprenticeship shall pay or cause to be paid to each of said
apprentices the sum of twenty dollars. In witness whereof the said Aaron Solomon and R
Fletcher and Henry Pultz have hereunto set their hands and seals the day and year aforesaid
Signed sealed and delivered in presence of
�
Dublin Core
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Title
A name given to the resource
Overseers of the Poor: Indentures of Apprenticeship
Description
An account of the resource
Series III is comprised of Rockingham County Indentures of Apprenticeship, which were formal contracts created by the overseers to bind poor or orphaned children to a "master" with who they would learn a trade. Their term generally lasted until the age of twenty-one for males and eighteen for females. Trades were typically determined by the apprentice's sex as well. Active labor and semi-skilled artisan positions were reserved for males, while females often served their term learning to sew, spin, knit, or domestic labor.<br /><br />For more information on the Overseers of the Poor collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aid</a>" tab in the menu above.
Creator
An entity primarily responsible for making the resource
The Overseers of the Poor of Rockingham County
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
1766-1871
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.
Format
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PDF
Identifier
An unambiguous reference to the resource within a given context
Osp003_001
Relation
A related resource
<a href="https://omeka.lib.jmu.edu/erp/collections/show/11">Overseers of the Poor: Minutebooks and Correspondences</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/4525"> Overseers of the Poor Finding Aid</a>
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
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Date
A point or period of time associated with an event in the lifecycle of the resource
1816
Title
A name given to the resource
Indenture of Apprenticeship, Christian and George to Henry Fultz
Description
An account of the resource
African Americans
Creator
An entity primarily responsible for making the resource
Overseers of the Poor
Publisher
An entity responsible for making the resource available
JMU Libraries
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. (<a href="https://creativecommons.org/publicdomain/mark/1.0/">https://creativecommons.org/publicdomain/mark/1.0/</a>)
Format
The file format, physical medium, or dimensions of the resource
PDF
Identifier
An unambiguous reference to the resource within a given context
Osp003_002_034
Fultz
-
https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_002_012-commonwealth-v-richard-donovan.pdf
67383c6a721b04ed9624ed0450098612
PDF Text
Text
'
�hJ.
!le/z ~
/L~arL
,!I
C1
~97-r.n:.:z,--c
7€.£
&:1 { -i.a
~
t~
'
;{;",qi """~
....
Z.
,fr/
t'
-
,,.(➔
~ ~ 'tp/4?-r.L, /--
/ ~: J lhzA~<✓-/-
�
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 Criminal Court: Criminal Cases
Description
An account of the resource
This series contains all criminal cases heard in Rockingham County from 1820 to 1971. The historical context contained within these records is rich, and one can expect to learn about various aspects concerning the social, cultural, and political climate of the day.
Creator
An entity primarily responsible for making the resource
Rockingham County Criminal Court
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
1820-1971; currently digitized: 1820-1930.
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.
Format
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PDF
Identifier
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Ccr001
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
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Date
A point or period of time associated with an event in the lifecycle of the resource
1894
Title
A name given to the resource
Commonwealth v. Richard Donovan
Subject
The topic of the resource
Felony
Assault and Battery
Description
An account of the resource
Defendant charged with felony assault and battery.
Publisher
An entity responsible for making the resource available
JMU LIbraries
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>
Contributor
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Jennifer Taylor
Format
The file format, physical medium, or dimensions of the resource
PDF
Identifier
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CCR001_002_012
Donovan
Fultz
-
https://omeka.lib.jmu.edu/erp/files/original/Rockingham_County_Criminal_Court_Criminal_Cases/ccr001_012_004-commonwealth-v-arthur-lay.pdf
8f291ca94238982adb567dadd21ecfd9
PDF Text
Text
OCT
1932
COMMOffl\LTH
v.
ARTHUR LAY -
Felony
fJ.
(murder)
�7
�Commonwealth
of Virginia:
.
You are hereby commanded
.·//f, To e Sheriff of Rocking ha
to s11-1nmon
....a>.
...............
....v.
. ..'t:r~~····· .......'....t:!l.t.
..9{'.:....
~~::::::::~:~::~:~,::•::~~
to appear before the Judge of the fjcuit
atk-'t,;Jock,
a. m., on thef]J:J;;iy
Court of
at the Court House thereof,
of. ............. .
to testify and the truth to say in behalf of the Commo wealth before the GRAND
·························/Jt.~
.....~ .............
~..
19
~
,;z.----
JURY . .............. .
and indicted for a felony misdemeanor.
. ... ..shall not omit under f1enal!J1of £100.
And this ..
there this Writ.
P
a
L. PRESS,
HARRISONBURG,
VA.
And have then and
�ft
)(
g
C:
113
U
--~
_:____
___
1/7
..;____
_L,........_
___
~--~-
�Arrest Warrant
Commonwealth of Virginiat
Rockingham C~u-~
1.
To-Wit:
)/J
~ ~ 8 ·~ ·
,
To JIV- 0
a Constable of said County:
Whereas, {j!Dl'IA.
- f5iu ~~~~aid County, has this day made
complaint and info~ioo-oJl---¢h
bef~_C~J
_______
'-:_-_-_~-=--=--=---=--a Justice of the
said County, tha(d:.-E-_---t::--u---J~~--,,,{__e--y-------s~7'9------------------of th
ounty, on t~e~/
~ daJ\of_~-------.-'
lW~ in the said County, did
~:J.-e/4
These are therefore, in the name of the Commonwealth of Virginia, to command you forthwith to
apprehend and bri befo~r
s - other Justice of the said County, the body of the said
to answer the said complaint and to be fu
to summon____
er dealt with according to law. And you are required
..
'\
to appear and give evidence in behalf of the Commonwealth, on the examination touching the said
offence.
Given under my hand and seal this
)-
¥
day
�Commonwealth
Commonwealth
vs.
the
Defendant
and costs
found
Arrest
:;rrant
LL-0£...'...................
~.. ---
Judgment
That
}
guilty
and
fined
as follows:
Fine
Clerk's
Executed
the within warrant
ing and delivering the body of
Fee
Justice's
7 ...
~ ...
~ ......
.
1~.~·~·~·····
Fee
Arrest
Summoning
Witnesses
by arrest-
3,..J.-O.
Witness
Attendence
Total
......
&~
and Mile~
r?a..~
.7.::.t.:.~.
I-
<j" ~
moning
........................................................... .
of Rockingham
the within
...
~ .............
.
Justice
of the Peace.
~ ~ ~ ~<....
&4-A~ ut(_._,.
before
a justice
Coun,ty, and by sum-
named witnesses
in person
�and acknowledged
themselves
to be
Commonwealth
~~..~ ..~
.. ~~~~
to be levied of their respective
wealth
of Virginia
goods and chattels,
rendered,
of Virginia
tll5m ?f
0
($5~
()(J ~
. Dollars,
lands and tenements,
each in
for the_ -use of the Common-
and they each severally waved their homestead
exemption
to their re-
cognizance; yel upon this condition:
That if the said ...
~........~ .................shall
the Ci,cuit Court of Rockingham County, at the Courthouse~
CJ!:~ ...
7..Y..
..!J..
..~..
persooally ~before
County, on the ..../ ......... day of the.,
7.......
day of ........
~.............,
Term thereof, being the ..../. ..
19~.~d
heard,
at such other
time or times
to which the proceedings
and before any court or judge hereafter
the said charge,
.
may be continued
having or holding any proceedings
and then and there answer
the Commonwealth
of Virginia
in connection
concerning
.............................................
whereof the sajd ~.~~······
c • rged, and be bound under said recognizance
declared void by order of a competent
or further
with
a certain
stands
until the c_harge is finally disposed
court, then the ~bove recognizance
of or until it is
shall be null and void; other-
wise to remain in full force and effect.
IN ·WITNESS
WHEREOF,
I
hereunto
affix my signature
~~~.""·~
......
7"
.. .....................
, 19 ..r1!.
...
~---L/
this .......
/.~
.........day of....................................
.
��COMiv10NWEALTH
OF VIRGINIA,
COUNTYOF ROCKINGF..AJ\1,
to-wit:
In the Circuit
Court
The grand
and now attending
their
oaths
1932,
in said
Floyd
Fultz,
of said
jurors
said
against
in and for
Court
do present
that
County,
County:
at its
October
Arthur
feloniously
the peace
the County of Rockingham
term,
Lay, on or about
did kill
and dignity
upon
1932,
July
and murder
21,
one
of the Conrro.onwealth
of Virginia.
This
indictment
/
Dr. F. L. Byers,
Daniel,
✓
Moubray,
Layton
Nevnnan, witnesses
to give
evidence.
Morris,
is
found on the testimony
V
v·
Nora Morris,
Isla Morris,
w. E. vLucas,
sworn in Court
Geo. Lawson,
and sent
before
of R.
v
V
w. Mc-
Bernard
V'
and S. F.
the grand
jury
�Murder
Commonwea 1th
v) Indictment
Arthur
Lay
~..r'
~
?>~~\
Felony
Uctober
term,
1932
~-T~::.l:
rf~
~
Foreman
Witnesse1.R.
W. McDaniel
,Dr. F. L. Byers
\!Nora Morris
V Isla
Morris
✓ Bernard Moubray
✓ Layton Morris
! • E. Lucas
Geo. Lawson
✓ S. F. Newman
D. W. Earman
Commonwealth's Attorney
.1_
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Rockingham County Criminal Court: Criminal Cases
Description
An account of the resource
This series contains all criminal cases heard in Rockingham County from 1820 to 1971. The historical context contained within these records is rich, and one can expect to learn about various aspects concerning the social, cultural, and political climate of the day.
Creator
An entity primarily responsible for making the resource
Rockingham County Criminal Court
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
1820-1971; currently digitized: 1820-1930.
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.
Format
The file format, physical medium, or dimensions of the resource
PDF
Identifier
An unambiguous reference to the resource within a given context
Ccr001
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/.
Date
A point or period of time associated with an event in the lifecycle of the resource
1932
Title
A name given to the resource
Commonwealth v. Arthur Lay
Subject
The topic of the resource
Felony
Murder
Description
An account of the resource
Defendant charged with felony murder.
Publisher
An entity responsible for making the resource available
JMU Libraries
Rights
Information about rights held in and over the resource
This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.<br /><a href="https://creativecommons.org/publicdomain/mark/1.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/publicdomain/mark/1.0/</a>
Format
The file format, physical medium, or dimensions of the resource
PDF
Identifier
An unambiguous reference to the resource within a given context
CCR001_012_004
Fultz
Lay