1 20 2 https://omeka.lib.jmu.edu/erp/files/original/6ae0599126be8c9d339b0f6b7eb4e2e0.pdf 89d06e619fcd72d06cb99019031825f1 PDF Text Text Rappahannock County NAME OF CLAIMANT #104 - Varner & Spitier Number of Acres : 32 On the east slope of the Blue Ridge - on the drains of Location : the Thornton River miles of rough dirt road to Lee Highway near Sperry Six Roads : ville ; thence seventeen miles to Luray , the nearest shipping point - . - . Sandy clay loam of good depth and fertility , comparatively free from rock Several springs on tract furnish water for stock. Exposure , south and east. The first class grazing land has a good sod and is smooth and free from liis4ar3?ao£:lcacfc:aniAcanrfitioir nfc4imbeK: ' rock and brush The second class has some brush, logs, and rocks and a poorer sod. The third class has much of the surface covered with large rock and considerable brush, blackberries and some moss Soil : . ^ . ^ . Improvements : House: Abandoned, frame , 16x16 " , 2 story, shingled roof , weatherboarded , kitchen 8x10', frame , 24x30 " , frame , shingle roof Barn: History of tract and condition of timber: Only a small portion of the area not lapped , but the Overall Survey is in timber The better trees have been cut , leaving an estimated stand of 7,000 feet , an. . • . Acreage and value of types : Types Acreage Value per acre Total Value Ridge : Slope : Cove : 12 Grazing Land : 20 © $5.00 IP60.00 30.00 600.00 $660.00 Fields Restocking : Cultivated Land : Orchard : Minerals : 350.00 14.00 $1024.00 Value of Land : $660.00 Value of Improvements : $ 350.00 Value of Orchard : $ Value of Minerals : $ Value of Fruit : $ Value of Timber : $14.00 Value of Wood : $ Value per acre for tract : $ 32.00 Incidental damages arising from the taking of this tract : $ . .one TV ri _ -- 7 . TPTYL ' O i tf i ji.UA’. �i OAMJI/C Claim of cVC^ _ _ _ County Virginia, No. At Law. In the Circuit Court of ^ Development rf the State of and The State Co ission on Conservatiefn tioner, vs. 'hA/L.. s County, Virginia, Tendants. more or less. *£** **. The undersigned , in answer to the petition of the State Commission on Conservation and Development of the State of Virginia , and in response to the notice of condemnation awarded upon the filing of said petition and published in accordance with the order of the Circuit Court of -County, Virginia, asks leave of the Court to file this as his answer to saicf petition and to said notice. My name is My Post Office Address is. (/_ I claim a right, title, estate or interest in a tract or parcel of land within the area sought to be condemned, containing about acres, on which there are the following two 3 'TOPTH. buildings and improvements : &r. _ & oj£5 O_ 7 +HOAMJL. QA^V. _ JL ^ __/ __ SJLm^ “ _ _ ^ uj'XASUAA^ Q / JVC ^ Virginia, in This land is located about, miles from 5 tXc4wfvu/TlMagisterial District of said County. the I claim the following right, title, estate or interest in the tract or parcel of land described above : ( In this space claimant should say whether he is sole owner or joint owner, and if joint owner give names of the joint owners. If claimant is not sole or joint owner, he should set out exactly what right, title, estate or interest he has in or to the tract or parcel of land described above ) . ( t 3lJL% *VCZMAJLA/ The land owners adjacent to the above described tract or parcel of land are as follows: North _ tfl (/ _ //* _ South _ East _ / West. ^^ Ci VA . _ AX J>C IJJTJif-in the I acquired my rigm, title, estate or interest to this property about the year following manner : ^ ^ /3 _ - CCA ! I claim that the total value of this tract or parcel of land with the improvements thereI claim that the total value of my right, title, estate or interest, on is in and to this tract or parcel of land with the improvements thereon is acres of land adjoining the above described tract or I am the owner of . 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 $ r-_ ( 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 ) . /u u/i. Remarks : _ 5 LUSL. 4cw>t. jLAJLcZjioi.. Vtju 0.0 OJL CAXA. Q uac CLAA C as4/ &us/ CCAAJL JUAc, Jya / ax*5. ttcwu Jv^, OrcJt &A.oC , / 00 ~rac/ / u oj rcuJL / 4 l 4~ ' ' ' ). tOAMAs necessary > lTTpcmti < on ks the back it r V 2/ = da; signatures) or my name and mark jjft c hed ^ liereto ) this Witness /* ho VH. , 1930. of . ) < SIAAJIAL> , C l CUAJI * _ t : G .\\r. STATE OF VIRGINIA, COUNTY OF The undersigned hereby certifies that,ae oatn that mat 1the matters the above named claimant personally appeared before him and madefoath wer are true to the best o his|knowledge nd belief and things appearing in his aboy day of . this .9301 : _ a ^ & ^ • ^ ^^ S _ ~ , ^ of the Coqrt, or Special Investigator or Notary Public, or Justice of the Peace. • ~ �OrvrT) �s / / Revised^ report ' - 6 County: Rappahannook District : Piedmont #104 - Varner & Spitler X Acreage Claimed: 330.4 Assessed: No record $33.00 per acre . . Value Claimed: Area: location: z Deed: No record Deed: 32 Aores On the east slope of the Blue Ridge the Thornton River . - on the drains of Incumbrances, counter claims or laps: A considerable portion of the land c’lai ied by Varner and Spitler lies within that part of the Overall Survey assigned to Julia C overall aid a very small area within that portion assigned to the heirs of Ann P Jolliffe, for which a separate report has been . . prepared , XX Soil: Sandy clay loam of good depth and fertility, comparatively free from rock Several springs on tract furnish water for ;3xposure, south and east stock The first class razing land has a good sod and is smooth and free from IP ck and brush The second class has some brush, logs, and rocks and a poorer sod The third class has much of the surface covered with large rock and considerable brush, black berries and some moss . . . . . - . Roads: Six miles of rough dirt road to Lee Highway near Sperry ville ; thence seventeen miles to Luray, the nearest shipping - . point History of tract nd condition of timber: Only a small portion of the area not lapped, but the Overall Survey is In timber, The better trees have been cut leaving an estimated stand of 7,000 ft• » Bin* » valued at $2.00 per M feet , Improvement s: . House: Abandoned, frame, 16x16 ’, 2 story, shingled roof, weatherbourded, kitchen 8x10’, frame $100.00 Barn; 24x30 * , franc©, sh ngle ro > f 100.00 —— Value of land Type Fg II Fg III Slope . $200.0(5 by tynes: Value Aoreage per acre I $26.00 10.00 19 12 3.00 35 ( continued ) Total Value. $20.0(3 190.00 36 ’0 $246 O0 .. �•2*» « #104 - Varner & Spltler Total value of land $246.00 Total value of Improvements 200.00 Total value of timber 14.00 Total value of tract | 460.00 Average value per acre X — $14.37 - -. Includes the area of laps#104 I and #104 11 XX Note: This description of the soil applies to the entire area claimed by Varner and Spitler . � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rappahannock County SNP Records: Court Proceedings Description An account of the resource The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock County, Virginia. This was a court case initiated by the state of Virginia in order to acquire privately held land located within the boundary of Rappahannock County in the northern Blue Ridge Mountains. Within the boundaries of eight counties, the state of Virginia, in collaboration with the Federal government, used eminent domain condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation to create the Shenandoah National Park. The documents in this collection are the legal proceedings for each individual tract of land that made up the one court case. In most cases, the individual case files consist of property surveys, assessments for the value of the land and improvements, and claims by the owner of the property. Creator An entity primarily responsible for making the resource Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource Bulk of the collection dates 1930 to 1934 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Varner and Spitler Description An account of the resource Tract: 104; Location: East Slope of the Blue Ridge-drains of the Thornton River; Cost/Acre: $5.00; Estimate Value: $15.00; Number of Acres: 3.0; Monies Awarded: $15.00 Source A related resource from which the described resource is derived Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource <a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tract 104 Identifier An unambiguous reference to the resource within a given context varner-and-spitler-tract-104 Burns Hoffmann Hopper Joliffe Jolliffee Keys Kirksey Loving McKusick Orme Overall Smith Spitler Varner https://omeka.lib.jmu.edu/erp/files/original/8c8b0845ff4cfdca11ec0d8d14820abf.pdf 13aaa0b25f203acdb49c2d1ef5e4f8a6 PDF Text Text A Rappahannock County NAME OF CLAIMANT #106-1 - . Kendall, J. W Lap on Ann ?. Jolliffe ’s Heirs. Number of Acres : 19 Location : JJ rcm 31k Hallow Gap south along Nrazier’s Run and on the eastern slope of Naked Ridge , and entirely ;ithin the Roads : Park area Siz miles of rough dirt road to Lee Highway near Sperry ville ; thence seventeen miles to Luray , nearest shipping point Soil : That on slope of Naked Ridge is poor and very rocky That Lower portion in in Gap is of fair depth and fertility That portion east of hollow is of good depth and fertility :Thornton River is of fair depth and fertility History of tract and condition of timber: Tanbark removed about 30 years ago Several portable sawmills have been in there ' 'he trees since and all merchantable timber was removed ‘which are left are scattered - . - . . . . . . . - . Improvements : . None Acreage and value of types : Types Acreage Value per acre Total Value Ridge : Slope : 18 uj $2.50 A45.00 1 VasP 15.00 15.00 $60.00 ' tt Cove : Grazing Land : Fields Restocking : Cultivated Land : Orchard : Minerals : ^ Value of Land : $ 60.00 Value of Improvements : $ Value of Orchard : $ Value of Minerals : $ Value of Fruit : $ Value of Timber : $ Value of Wood : $ Value per acre for tract : $ 3.16 . Incidental damages arising from the taking of this tract : $ None . C L3RK �1, f er~ & Z I C / ^- ^ Claim of . In the Circdj/Court of -MDPahanno County, Virginia, No. i4? ., At Law. The State ^Commission on Conservation and Development of the State of Virginia, Petitioner, vs. E1if to11 A7Aor_ _et_ a i_s_ _ Z7 J 4p 9_ _a c XZs _ _ __ _ ^ _ more or less, of land in .JRapjiahaiinQGlc County, Virginia, Defendants. The undersigned, in answer to the petition of the State Commission on Conservation and Development of the State of Virginia, and in response to the notice of condemnation awarded upon the filing of said petition and published in accordance with the order of the Circuit Rappahannock Court of County, Virginia, asks leave of the Court to file this as his answer to said, petition and to said notice. „ My name is Front Royal , _ Va . R F . D _ _ My post office address is I claim a right, title, estate or interest in a tract or parcel of land within the area sought to be condemned, containing about acres, on which there are the following buildings and improvements: . . _ . . This land is located about miles from the.Piedmont Magisterial District of said County. I claim the following right, title, estate or interest in the tract or parcel scribed above : ( In this space claimant should say whether he is sole owner or and if joint owner give names of the joint owners. If claimant is not sole or he should set out exactly what right, title, estate or interest he has in or to parcel of land described above. ) Virginia, in of land dejoint owner, joint owner, the tract or The land owners adjacent to the above described tract or parcel of land are as follows : Brumback North David Kendall South . Page, county 1ine East _ _ , West. Ysjcnan Ler I acquired my right, title, estate or interest to this property about the year following manner : . in the , __ _ I claim that the total value of this tract or parcel of land with the improvements there. / <" :Ilk* -Jl. " Tclaim that the total value of my right, title, estate or interest, on is $. 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 : by _ . ( Continue remarks if necessary on the back ) 28 Witness my signature ( or my name and m rk attached hereto ) this day __ of - Zebruary; , 1930. __ STATE OF VIRGINIA, COUNTY OF ^ Warren , To-wit : - U - IL--Kendal1 The undersigned hereby certifies that the above named claimant personally appeared before him and made oath that the matters and things appearing in his above answer are true to the best of his knowledge and belief , day of this. ^ n ) Clerk of the Courfrr or Special Investigator or Notary PiibliCj-or-Ju&tiee of the-Psace. �V r- * �' County: Rappahannock District: Piedmont — —— 106 1 ,/ .. Kendall, J W Lap on Ann P Jolliffe ’s Heirs . X Acreage Claimed: Assessed: 239 Deed ; 144 Value Claimed: Assessed: $817.00 Deed: . Area: Location: 19 Aores From 31k Wallow Gap south along Frazier's Run and on the eastern slope of Naked Ridge, and entirely within the Park area . .. Incumbrances, counter" claims or laps’; On the land claimed by J W Kendall lies within the two subdivisions of the overall Survey which were assigned to Julia c overall and to the Heirs of Ann P Jolliffe Soil: . . # . That on slope of Naked Ridge is poor and very rocky That in Gap is of fair depth and fertility Lower portion in Hollow is of good depth and fertility That portion east of Thornton River is of fair depth and fertility .. Roads; . - Six miles of rough dirt road to Lee Highway near Sperry ville ; thence seventeen miles to l ray, nearest shipping ^ point . History of tract and condition of timber; Tanbark removed about 30 years ago Several portable sawmills have been in there since and all merchantable tl ber was removed, The trees which are left are scattered . . Improvements: . Hone Value of land by types: Value Type er acre Acreage Slope IS Fr 1 19 2.50 8.00 Total value of land $53.00 Total value of tract $53.00 Average value per acre X —— $2.80 - . Includes area in lap #106 11 Total Value 4’357 0 ^ 3.0o 8.00 .' o �That That t h e h e i r s of J u l i a C . . Overall and t h e h e i r s of Ann F J o l l i f f e have no r i g h t , t i t l e , claim nor i n t e r e s t i n t h i s land or any part thereof or t h e p r o c e e d s thereof upon i t s condemnat ion ; . That the s a i d h e i r s of J J . W. he vri m Kendall Kendall , a n d t h e s a i d J . W. , s i n c e t h e d e a t h of t h e s a i d Kendall , during h i s l i f e t i n e , while ' was t h e onwer of s a i d r e a l estate , and h i s p r e d e c e s s o r s i n t i t l e , have had and took a c t u a l , a d v e r s e , n o t o r i o u s , continuou s , and exclusive possession and c o n t r o l of t h e whole of t h e s a i d t r a c t or p a r c e l of land , and t h a t t h e y have continued t o e x e r c i s e such possession and c o n t r o l of | said t r a c t or p a r c e l , of land up to t h i s time and f o r a p e r i o d of over twenty years next p r i o r t o t h i s time ; That s a i d mountain land i s valuable g r a z i n g land , and t h a t t h e amount of compensat ion allowed t h e s a i d h e i r s of s a i d J . . Kendall , deceased , by t h e Appraisa l Commissio ners i s g r o s s l y inadequat e , i s not a j u s t compensat ion f o r s a i d land amount of compensat ion and that the allowed them i s not a fair value f o r s a i d land ; That i t would be inequitab le and unconscio nable not t o allow them considera bly more f o r s a i d t r a c t of land ; That icsxk t h e y have a s u b s t a n t i a l and material defense t o make i n t h i s proceedin g ; That s a i d t r a c t of land i s w i t h i n t h e - area . . sought t o be condemne d , ownership of which i s elaimed by s a i d J W Kendall ' s h e i r s , and with they their r e f e r e n c e t o which hat/c f i led o b j e c t i o n s i s t h e same tract or ^was p a r c e l of land which . ^ valued and found by t h e Appraisal Commissi oner / » t o be t h e land owned by them , as shown and delineated on s a i d map , r e a d t o g e t h e r with s a i d r e p o r t s and e x h i b i t s h e e t s . That t h e;/ pray t h a t they be allowed a j u r y t r i a l , and a l s o ask f o r V - t h e appointme nt of commissi' oners by t h e Court , .as provided by law , and * f or genera1 re l i ef . That t h e i r names and addresses are as f ollows : sa �. M. H. Abbott , R i l e y v i l l e , V i r g i n i a , Lx. D. H. Kendall , a s h i n g t o n , Va . R. F. D. , Mrs ' v. 4t . K. Mr * J 7 X . ' . , K. F. D. Kendall , Washington, Va . 0. ^e n d a l l , 7 Respectfully submitted , J By Counsel a . J j t . Counsel S t a t e of V i r g i n i a , County of . L. S rage , t o-wi t 7.* i/ , Walton J .. M Attorney f o r Mrs . H. . Abbott and D H of t h e above named- r e s p o n d e n t s , named i n t h e f o r e g o i n g Kendall , two answer , being duly sworn , says t h a t t h e f a c t s and a l l e g a t i o n s t h e r e i n c o n t a i n e d are t r u e , t o t h e b e s t of h i s knowledge a n d b e l i e f . f or Mr s . iii of r e s p o n d e n t s Taken , . - , Attorney , two . H. Kendall Grover C . Miller , Clerk of Abbott and D sworn t o and s u b s c r i b e d before me , t h e C i r c u i t Court of t h e Count}?- a f o r e s a i d , i n t h e S t a t e of V i r g i n i a , , t h i s 14 t h day of Septemb v . Clerk • • 1 �T * £ % » < The S t a t e Commission on Conservation & Development of t h e t t • j * S t a t.e of V i r g i n i a , . I vs . ( At Law No 149 , I C l i f t o n Ay l o r and o t h e r s and 37 , 100 acres of land , more or l e s s . 4 Filed i n t h e Clerk ’ s O f f i c e of appahannock t h e C i r c u i t Court of * County , V i r g i n i a , t h i s /i4 t h day of Sept • 19 i — TeEWh 4 . N 6c BROTHER TTORNEYS AT LAW L U R A Y, V I R G I N I A \ * V i/ Clerk . �I n t h e C i r c u i t Court of Rappahannock County , V i r g i n i a , The S t a t e Commission on Conservation and Development of t h e S t a t e Fetitioner , of V i r g i n i a , vs . . ( At Law . . 14 S ITo C l i f t o n Aylor and o t h e r s , and 37 , 400 acres of land , more or l e s s , . De: endant s . 106- , 1 IIo . . 106-1 1 and No . M. K. The answer of Mrs . H. Kendall t o t h e p e t i t i o n Abbott and D f i l e d a g a i n s t them and o t h e r s i n t h e C i r c u i t Court of Rapphannock County , V i r g i n i a , by The S t a t e Commission of t h e S t a t e of V i r g i n i a , on C o n s e r v a t i o n and Development as above e n t i t l e d , complainant . These r e s p o n d e n t s r e s e r v i n g t o themselves t h e b e n e f i t of a l l j u s t e x c e p t i o n s t o t h e s a i d p e t i t i o n and proceedings f o r condemnation > f or answer t h e r e t o , or so much thereof as t h e y are a d v i s e d t h a t i t i s necessary t h e y should answer , andwer and say : . W. Kendall d i e d s e i z e d and possessed of a tract of 459.14 That J acres of land , more or l e s s , 7.15 acres , more or l e s s , being s i t u a t e i n Page County , V i r g i n i a , and 451.99 acres , more or l e s s , being s i t u a t e i n Rappahannock County , V i r g i n i a , and w i t h i n t h e boundary l i n e s of and s e t out i n the petition i n s a i d Rappahannock Rappahannock County County , V i r g i n i a ; That s a i d J . 1. Kendall l e f t as h i s h e i r s a t law and next of k i n - t h e following named f o u r c h i l d r e n , t o w i t : V . Kendall , W ' Kendall a n d J . K. . . is . Abbott , D. K. H Kendall , who now own s a i d t r a c t of lan d ; That s a i d h a i r s of s a i d J p r o c e e d s thereof Kendall , deceased , claim t h e i t s condemnation ; upon That a survey . W was made of s a i d J . Tv. Kendall ’ s estate land and • i s of r e c o r d i n t h e c l e r k ' s o f f i c e of Rappahannock County , Va • the same a copy of which i s h e r e t o a t t a c h e d and made part of s a i d deed being recorded i n Deed Book 36 , page 339 , on Sent . answer , 5 , 1931 ; said , J �fS The C i r c u i t Court of Rappahannock County , V i r g i n i a * In The S t a t e Commission on Conservation & Development of t h e State of Virginia , . Petitioner, . 149. vs ( At Law Mo Glifton Aylor ( J and o t h e r s , , a n d 37 400 acres of land , more or l e s s , . W. Kendall’ s Estate No. 106-1,$ No. 106-1 1. ) Def endants . . H. Kendall , W. . Kendall, J. K. Kendall and Mrs. M. H. Abbott , , defendants i n t h e above h e i r s-a t- law of J . W. Kendall , 0 D deceased e n t i t l e d condemnation proceedings , f i l e t h e following exceptions and answer t o t h e report of t h e ApprajiSal Commissioners , which was f i l e d i n the Clerk s Office of t h e C i r c u i t Court of Rappahannock County , Va * , on ’ May 18 , 1932 : ( l ) That t h e amount of compensation allowed them by s a i d Appraisal Commissioners f o r t h e 19 acre t r a c t of land , 18 acres of which was as "Slope " a t $ 2.50 per acre , and one said land was c l a s s e d by them as " grazing land "a t $15.00 , c l a s s e d by s a i d commissioners \ acre of a n d t h a t the amount of compensation allowed them by s a i d Appraisal - Commissioners f o r the 484 acre t r a c t , 418 acres of which was classed by s a i d commissioners of s a i d land as " Slope ” a t $ 2.50 per acre , and 66 acres was classed by them as " grazing land " at $15.00 per . acre , with $100 worth -of minerals and . worth $100 of timber on said land t h a t s a i d allowances or compensation i s not a j u s t compensation ^ f o r t h e i r land proposed t o be t a k e n i n t h e s e proceedings ; t h a t s a i n compensation i s not a f a i r value f o r t h e i r land , and t h a t s a i d com -- p e n s a t i o n i s g r o s s l y inadequate ; ( 2 ) That t h e i r mountain land i s a good g r a z i n g farm and i s a valuables g r a z i n g farm and a number of c a t t l e are p r o v i d e d good grass on t h i s land d u r i n g t h e g r a z i n g season ; t h a t p r a c t i c a l l y a l l of t h i s land i s g r a z i n g land t h a t a l l of i t should have been classed as - g r a z i n g land and should have been valued by s a i d A p p r a i s a l' Commis s i o n e r s at at least $15.00 to $ 25.00 per acre , f o r the entire acreage ; �. 2. J. W. Kendall ' s Estate. No ( 3) That the Appraisal Commissioners viewed s a i d tracts of land , 19 acres and ” 484 acres , r e s p e c t i v e l y , at a very inopportune time , d u r i n g t h e summer or f a l l of 1930 , when t h i s county a n d s e c t i o n of t h e S t a t e of V i r g i n i a was e x p e r i e n c i n g a very s e v e r e d r o u g h t and t h e y could not view t h i s s a i d mountain g r a z i n g land t o any a d v a n t a g e and get an i d e a of i t s true value and worth ; By way of answer your s a i d defendants say t h a t s a i d two t r a c t s of land are xvorth a t l e a s t $15.00 to $ 25.00 per acre , as a whole ; t h a t they claim t i t l e t o a l l of s a i d t r a c t of 19 acres and t o a l l of s a i d t r a c t of 484 acres , t h a t t h e i r t i t l e i s older than and s u p e r i o r t o any t i t l e or . Jolliffe ' s Heirs; claim of t i t l e of Ann P and p r e d e c e s s o r s i n t i t l e have had a c t u a l , that they and their predecessor adverse , notorious , continuous and exclusive possession of s a i d t r a c t s of land , 19 acres end 484 acres , respectively , f o r over f i f t y years , and t h a t t h e r e i s no l a p . s a i d two on same as t o Ann P J o l l i f f e ' s Heirs or any one e l s e and t h a t t h e y own the e n t i r e /t r a c t s and a l l the proceeds derived from the conderanati on there- of . Your defendants pray f o r t h e appointment of commissioners t o view t h e i r s a i d two t r a c t s of land and make report t o the Court , , f o r i n t h e condemnation law , Acts of Assembly , 1928 as provided f o r such cases . . All of which i s r e s p e c t f u l l y s u b m i t t e d t h i s 14 thday of July , 1932 1 . Counsel . Defendants , By Counsel �In the Circuit Court of Rappahannock County , Virginia : The State Commission on Conservation and Development of the State of Virginia , Petitioner , vs . ( At Law. No . 149 , Clifton Aylor and othees , and 37 , 400 acres of land , Defendants . No. 1067l #uad No 106 11 , J W Kendall Estate . . - . . In compliance with an order entered by the Judge of the above 13 ourt , in Vacation , on the 1st day of November , 1932 , your respondents , Mrs . M . H . Abbptt and D . H. Kendall , by Counsel , come and say that on the 14 th day of September , 1932, they filed their amended answer in the Qlerg ' s Office of the Circuit Court of Rappahannock County , Virginia , in pursuance to the order entered by the said Court on the 30 th day of August , 1932 , but through the inadvertence of the representatives of your petitioner , the said The State Commission Conservation and Development of the State of Virginia , the said mended answer of your said respondents was overlooked , and youjf ^said respondents say that they are advised that they have fully Complied with the order entered on the said 30 th day of August , 1932. Respectfully , 1 Respondents , \A.(bdbb^ Counsel * WALTON & BROTHER ATTORNEYS AT LAW . , LURAY, VA By Counsel , , ^ on �. J W KENDALL LAND ON THE BLUE RIDGE JOINING PAGE COUNTY ONE AND ONE ONE HALE MILES NORTH OE BEAMS GAP RAPPAHANNOCK COUNTY VA* - Area 459*14- ACRES Surveyed June 1931 Beginning at fig*# 1, a pine on upper side of old road, corner .. to the land pf Spitier,Varner,and ComeriH V Bhdsonjand Dave Kendall,thence with Dave Kendall’s line N 87° 25* W 28 * 62 chains to a pine stump 2*5 chains from Thornton River on slope of mountain,thence N 66 . S E, of road, thence N ^890 - W 12*50 chains to a fence post 5 yards . # 2, 20 * W 19 * 69 chains to fig an old dead white oak beside a chestnut oak on east side of .. mountain 12 yards S E of an old road; thence S 20o . w 20.25 chains to a stone pile $ 20 chains east of a white oak . and 0*19 chains S E* of of another white oak corner to Jake Dwyer and Dave Kendall,thence ( with an old survey of 85* bearings corrected to this N y0% W*l8% 00 chains to fig* # 3 » a in deed book S page with Jake Dwyer 1890,found present date) chestnut oak and gum on the top of the Blue Ridge in the line between the counties of Page and Rappahannock,corner to Stribkler Bros, thence . and also the Page Co line N oak,thence N 1890, with Strickler Bros.line E 10*75 chains to a large white by the old survey of 33S E 15*50 ' ' 130 chains to a blazed chestnut on the west side of a path, thence B oaks,thence N l6 51 E 25*00 E 8 * 50 vhains to chains to two chestnut two small pines, thence N 23° E 33*00 chains to fig*# 4,three cheetnut oaks and one black oak on the top of naked mountain, thence S 54 £ E 12.25 - chafns to a large white oak standing near a path leading up . in the Page Co.line,thence the eastern slope of Naked Mt N 30i-0 B 7*00 chains, N 13f E 10.25 chains to fig*# 5 point near fence corner and corner to the Brum back Land , thence with ‘ -° - Brumback S 12-§° - E 43*50 chains to fig*# 6 a stone pile,S 71§° E 3.62 chains to a pine, S 52f° E 3*75 chains to a large rock Q • of marked chestnut oaks, N 7&f B 8.18 vhains between a cluster ’' 1 to a stake between two marked hickories in hollow below path, thence N 7&i° E 32.89 chains to fig*# 7>a chestnut oak,corner to Brumback in Kelley’s line ,thence with Kelly S 15 i° W 2.68 �* - 2 ahains to a white oak ( now down ) in branch running from Elliber Spring, corner to Kelly and the land of Varner,Spitier, and Comer, thence with the last mentioned land ( by a former survey . 1922 found in deed book 31 pg 231,with bearings corrected to this present date )) S 41 0 W 3 * 38 chains to a stone pile, of 0 thence S 23£ W 36.75 top of bluff of rock ^ chains to a stone pile near the ( two chestnut oaks walled for in 1897)* . found in deed book U, pg 44 with o bearing corrected to this present date ) S 4-g- E 12.00 chains to thence ( by a survey of 1897 the point of beginning,containing 7.15 acres 459 *14 acres # of this tract is in Page County * .. C W Ewing RAPPAHANNOCK COUNTY SURVEYOR .5thml931 VirginiaiClerk’s Office of Rappahannock Court,Sept # This Survey was this day received in said office and together with the annexed certificate admitted to record at 10.00 .. o ’clock A M . . . Testet Elizabeth H DEBergh,Dep Clk A Copy Teste * \ 1 • • 0 �J . In the Circuit Court of Rappahannock County, Virginia The State Commission on Conservation and Development of the State of Virginia , Petitioner , . . . ( At Law No vs 149 Clifton Aylor and others and 37 , 400 acres of land , more or less , . 106-1, . . Kendall No. 106-11, . . Kendall ' s W J No J . Defendants * sbEstate W , . and , Estate State of Virginia , County of Page , - to wit : . . Abbott , This day T W of Rileyville , Page County , Virginia, personally appeared before me , the undersigned Commissioner in Chancery for the Circuit Court for the said County of Page , in the State of Virginia , and made oath before me in my said county that . . . he is the husband of Mrs said J . . M Kendall , deceased W H , Abbott , one of the heirs at law of and a child of said Kendall ; that he is personally acquainted with the two tracts of land of which said J . . Kendall died seized W and possessed , one being designated and identified by the Board of Appraisal Commissioners in their report and on J the map . WI park . - or plan of the proposed National Park area, as " No 106 1, Kendall ' s Estate," containing 19 acres of land, in the proposed area in Rappahannock County, . . Kendall of which the said K W Virginia , and the other said tract died seized and possessed being identified and designated by said Commissioners and on said plat or map as J . . ", 13 W . -, .. " No 106 11 J W Kendall ' s Estate ? or as and containing 484 acres in Rappahannock acres in Page County , "106-11, Kendall, County , and about in the said proposed park area ; that the . . Kendall ' s land as a heirs had a survey made of said J W and according to said survey there are whole , 459.14 acres in this entire tract , 451.99 acres ofwhich said tract are within the proposed park �area in Rappahannock County , and 7 * 15 acres of which are within the proposed park area in Page County , Virginia; that he has luxown this land for about 40 years ; that this tract is a valuable mountain grazing farm and said Board of Appraisal Commissioners should have classed all of said tract as . " grazing land " , and have allowed for same at least §>15.00 to $ 25.00 per acre , instead of having only classed one acre of said 16 acre tract of land as grazing land at $15.00 per acre , and instead of having only classed 66 acres of said 484 acre tract of land as grazing land at $15.00 per acre ; that there is also some minerals on or under said tracts of land , which are valuable , and that there is some valuable timber on said land , worth more than $100.00, for said minerals and worth more than $100.00 for said timber , as allowed by said Commissioners ; that this is a very valuable mountain grazing farm and grazes a number of cattle or other live stock well on same ; that for some years J . . G Grove has fented this land for grazing purposes and has grazed a number of t cattle and or other live stock on same ; that the amount allowed for said land is grossly inadequate and not a fair and just compensation for said land , that said Commissioners only allowed the sum of $ 60.00 for said 19 ac e tract , and only allowed the sum of $ 2235.00 for said 484 ac e tract , timber and minerals ; that this land is worth - many times what said Commissioners have valued the same at ; that . . J W . w Kendall ' s heirs , J . . have had and took actual W Kendall and his predecessors in title adverse , notorious , continuous , and exclusive possession and control of the whole of said tracts of for over twenty five years , land above referred to/ and that said J W Kendall ' s heirs are -. . . entitle to the proceeds derived form said condemnation of said land . Given under my hand this 27 th day of July, 1933 v#*u . Commissioner in Chancery �In the Circuit Court of Rappahannock County , Virginia The State Commission State of Virginia vs . on Conservation , and Development of the Petitioner , . . ( At Law No . 149 Clifton Ay lor and others and 37 , 400 acres of land , more or less, . Defendants . 106- 1, J . 106 11, J No NO . . ilendall' s W - Estate , and, . w. Kendall’ s Estate. State of Virginia , or page , to-nit : cOUnuy This day J appeared b of uircui t anu ' . K. Konaan, ore ra« , uouru far the said county of Page , in the state of Virginia mo in my said county that he is a son . . Konaall, said J oi Page county , Virginia , personally , Luray the undersigned commissioner in chancery for the made oath before at law oi W deceased , an heir that hois personally acquainted with the two tracts of land of which said J * and , . . Kendall W » died Seized and p o s s e s s e d, one being dooignatod and i d e n t i f i e d by the Board of Appraisal commissioners in their report or pdan the proposed park of and on the map . - . W. Kendall ' s area , a © " NO 106 1, J Eaaatc " , containing 19 a « re » of land , filed in said proceedings in RappanannOck county , Virginia , in the proposed park area in RappanannOck county , Virginia , and . . Kendall died Seized ana , saiu J W tho other said tract of which the possessed being identified their report and on said plat designated by sard commissioners in map aa J . . " ,. 13 . "No — 10t> 11, J . . Kendall ' s Estate " , or a » W -i l, Kendall , ana containing 484 as, reB in Rappahannock county , ana about ajrca in Page county , Virginia . . Kendall ' s W said , in the said proposed park area ; . W. J land as a whole, or " 106 W that the heirs at Ian of J ana and Kendall had a survey made of said a „ c ording to said survey there are �- a ros in this entire tra ^ t , 451.99 a ^ros of wnieh sain tra ^ t within tho proposed park ar ^a in Rappahannock uounty , and 7.15 459 « ar ~ a ^ r «s whivh ar « within the proposed park ar 0a in Page county or , Virginia.; thar he has known this lana for about 30 years ; that this tra ^ t 0» a Very valuable mountain grazing farm and said Board of Appraisal uoramis si oners should havQelassed all of said traet of lana as aa rtgrazing lana 41 , ana hctva aliowaa from ax» least $15* 00 to » per ao o for axi elapsed Olio oi a« ro of said saia $> 25 * 00 traot , inowaa of having only allowed and 16 a «ro tract or land as grazing land at $15.00 per acre , and instead of having only classed 66 acres of said 484 acre tract of land as grazing land at $15.00 per acre ; that there is also some minerals on or under said tracts of land , which are valuable , and that there is some timber on said land which is valuable, andmore than . $100 oo for the minerals and worth more than $100.00 for the timber ; as allowed by said Commissioners ; that this is a very valuable mountain grazing farm now , and was in 1930, and also at the time of said appraisal by said Commissioners , and grazes a number of . . cattle and or other live stock well on same ; that J rented this land for grazing purposes for number cattle and or other live stock on G Grove has some years and grazes a same for all of the grazing seasCn each year ; that the amount allowed forsaid land by said Commissionees is grossly inadequate and not a fair and not a just compensation for said land and other property proposed to be taken , that said Commissioners only allowed the sum of $60.00 for said 19 acre tract , and only allowed the sum of $ 2235.00 for said 484 acre tract , which includes $100.00 for minerals and $100.00 for timber on said larger tract ; that this land is worth many times what said . . Kendall's Commissioners have valued it at ; that J W heirs , J . W. Kendall and his predecessors in title have had and took actual , adverse , notorious P-ge 2, , xxg continuous , andexclusive possession and �control of the whole of said tracts of land above referred to for . over thirty years, and that said J . W Kendall ' s heirs are entitled to the whole of the proceeds derived from the condemnation of said . land . Given under my hand this 27 th day of July, 1933 JL t . lA tjbbfz;. Commissioner in Chancery * • 1 �In the Circuit Court of , Rappahannock County Virginia % on The State Commission \ Cr • . Conservation and Development of \ p the State of Virginia vs . , . . ( At Law No Petitioner , 149 Clifton Ay lor and others and » 37 , 400 r of land , acres f . - . W. Kendall' s Estate, 106 1, J and - . . 106 11, J i W Kendall ’ s Estate . . AFFIDAVITS 4 FILED T N P CLERK’S OFFICE I RAPPAHANNOCK COUNTY r** rk . i t i r < i 1 I WALTON & BROTHER ATTORNEYS AT LAW L U R A Y, V I R G I N I A 4 �* The State Commission on Conservation and Development * bf the State of Virginia, . Petitioner, / . VS Clifton Ay lor and others, and t * 37,400 acres, Defendants. * 1 . M. H. Abbott Answer of Mrs . H. Kendall, % V and D . No 106-1, and . Kendall No. 106-11., J. W 4 Estate. Filed in the Clerk's Office of the Circuit Court of Rappahannock County, Virginia, th> day of November, this 1932: ft c Teste: OAL b• . Clerk iy » 1 > t V � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rappahannock County SNP Records: Court Proceedings Description An account of the resource The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock County, Virginia. This was a court case initiated by the state of Virginia in order to acquire privately held land located within the boundary of Rappahannock County in the northern Blue Ridge Mountains. Within the boundaries of eight counties, the state of Virginia, in collaboration with the Federal government, used eminent domain condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation to create the Shenandoah National Park. The documents in this collection are the legal proceedings for each individual tract of land that made up the one court case. In most cases, the individual case files consist of property surveys, assessments for the value of the land and improvements, and claims by the owner of the property. Creator An entity primarily responsible for making the resource Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource Bulk of the collection dates 1930 to 1934 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Kendall, JW Description An account of the resource Tract: 106 - I; Location: East slope of Naked Ridge; Cost/Acre: $3.15; Estimate Value: $60.00; Number of Acres: 19.0; Monies Awarded: $60.00 Source A related resource from which the described resource is derived Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource <a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tract 106 - I Identifier An unambiguous reference to the resource within a given context kendall-jw-tract-106-i Burns Hooff Hopper Jolifee Jolliffee Kendall Keyser Kirksey Loving Orme Overall Smith