1 20 1 https://omeka.lib.jmu.edu/erp/files/original/ceead57c3d4dacdffca22b3d281e7dbd.pdf a9c5829a9effd00df0533767ad4dd65f PDF Text Text ROCKINGHAM COUNTY NAME OF CLAIMANT #40 - Nizer, R. Number of Acres: o. 102 Park line cuts property . Location: Dry Run . Roads: Five miles of country road to Elkton. Soil: Gravelly loam. On the lower slopes medium fertility, deep, but stony . On the upper shallow and extremely stony. Badly burned and repeatedly . On the lower slopes there is a light stand of pitchpine saplings up to Admixture of smaller hardwoods, 7u DBH and very scrubby. mostly scrubby oaks . Plenty of reproduction. On the upper slopes there is a well s tocked stand of larger pitch-pine up to 9" DBH. Very small admixture of hardwoods. Stand is less than 2 cords per acre of poor cordwood . - History of Tract and condition of timber: Improvements: None . Acreage and value of types: Types Acreage Value per acre Total Value Ridge: Slope: 102 $306 . 00 $3 . 00 Cove: Grazing Land: Fields Restocking : Cultivated Land: Orchard: Minerals: Value of Land: $ 306. 00 Value of Improvements: $ Value of Orchard: $ Value of Minerals: $ Value of Fruit: $ Value of .Timber: $ Value of Wood: $ Value per acre for tract: $3. 00 Incidental damages arising from the taking of this tract: $NONE . ~-~ CLERK. �_L~____ County, Virginia, -Defendants.---- - - -more-or less, of land in_&-~,-The undersigned, in answer to the petiron of the State Commission on Conservation and Development of the State of Virginia, and in response to the notice of condemnation awarded upon the filing of said petition and published in accordance with the order of the Circuit Court o f ~ ~ ~ - - - - County, Virginia, asks leave of the' Court to fil~ this as _ ---------_______ 7 h:ya:::: :_:__~-~~d-k~---------------:. _ _____________ L!_'J. My post office address 1s___ ~ -L ~ ..!J.. __ I claim a right, title, estate or iI\terest in a tract or parcel of land within the area sought L~'-2-acres, on which there are the following to be condemned, containing about_ :YJ#- buildings and improvements=-------~--:::-~-=--Z:.....d=-:it..c'~-~-~--="1------------------------------ --------------------------------------------------~-------------- -- ;..;;?/ / ----------Virginia, in Tl~~.. is located abouL ____2 _____ miles from_ ~ th . ---~ ~--Magisterial District of said County. I claim the following right, title, estate or interest in the tract or parcel of land described above: (In this space claimant should say whether he is sole owner or joint owner, and if joint owner give names of the joint owners. If claimant is not sole or joint owner, he should set out exactly what right, title, estate or interest he has in or to the tract or ),~ ~~ la:...".:;t~ / d ~ The land owner~ d jE~t to the a North_ d&-:¢" ~ ,.,:.,/.V ve described tract or parcel of land are as follo,w s: ~-J~-~-- _________ ------------------------------ _______________ _ ~ ~::h~ --::::::::::::::::::::::::::::::::::::::: K,_£?_ ·-~ ~ --------------------------------------- West ____ 1 acquired my right, title, estate or interest to this property about the year __Lf~}?-in the ~~-~~- ~ ------~ - ------- '-'-~ -d i;h:;~;~;~::~:1:11~ ~ ~lf m~;(~~~=::-;~~ __ on is $LP...J/2_, '::::-J __ . I claim that the total value of my right, title, estate or interest, in and to this tract or parcel of land with the improvements thereon is $L~OL<2. _______ . I am the owner oL _d _~ ___ _:__ acres of land adjoining the above described tract or parcel of land but lying outside the Park area, which I claim will be da:~a~ ~y~ ____ ___ _ . __ p.o.sed condemnation of lands within the Park area, to the extent of $ (.....,._.,..~ below should be set out any additional statements or information as to this claim which claimant desires to make; and if practicable he should also insert here a _d_:ik~~;~~~~~~~~~: ~,{_ '----:__ :___ ----2-:------__ --~~ ~ - - ~ ----------- ------ ---------------- ---- ----- --------- ---- (Continue remarks if necessary on the back). _____ day Witn.ess my signature (or my name and mark attached hereto) this __ _L~ ~~~~,1~NTY OF______; ~-----------------~---: T~~~i;: -------- ----0 -::_ ________ _ -~ --~ The undersigned_ hereby certifies thaL_./Z_~..a_~ -~ the above named claimant personally appeared before him anrroa-de oath that the matters an_d things appearing in his above :::::/_,r. are true to the best of his knowledge and belief, ~ ~ --------:7;;• 1930, day of__ _~ th1s ___ __,a1..:it.2____ ~ -/ ~• ~~L ~/;r· J £ .;/. _, . . , ~ , LI 7; ,,,..i i ~ ;-c~~-;.t;~ ~ ' ;t~ ~ 0 1 ,;31 Now-y- Pultl-ie,orl-nstice of the-Peace . �County: District: Rockinghan Stonerroll #40 - Fize:;.: , R·· O_., Acreage Claioed : Value Clo.ioed : Location: Assessed : 103 $1030 . 00 Assessed : 136 A. 140 . 00 Deed: 136 A. 1927 tor Deed:$200. 00 , Dry Run, Jark line cuts property . Incur:ibra.ncea, counter clains or lapa : I Uone . - Soil: Grovelly loan. On the lower slopes nediun fertility, deep but stony . On the upper shallow and extreoely stont . Roads: Five niles of country road to E lkton . Histor of tract and condition of tiober: Badly burned and repeatedly. Ont e ower s open t ere 1s a light stand of pitch- pine saplings up to 7" DBH and very scrubby . Adoixture of ooaller hardwoods, costly acrubby oaks . Plenty of reproduo tion . On the upper elopes there is a well stocked stand of la.rger pitch- pine up to 9" Dim . Very soall adnixture of hardwoods . Stand is leso than 2 cords per acre of poor cord wood . The value of the wood io included in the per a.ore value . Ioizro vet1ent s : None. ~ Slope Value Acreage per acre $2 . 00 182 Total value of tract $204 . 00 Total value per acre ,2 . 00 Total Value v204 . 00 - - - - - ~ - ~ - ~ - - - - - - - - - _ ; f, J �County: rizer , ~ . District: o. \\ '' J . R.Cook Estate ;r . T " l!eard LEGEND: sio~& Scale - l : 20 ells.ins Rockingham Stone all �IN THE CIRCUIT COURT OF ROCKINGHAM COUN1'Y, VIRGINIA• The State Commission on Conservation and De velopment o! the State of Virginia filed in the Clerk's Office Rockingham County, Va. vs. N V ;./ 1932 Cassandra Lawson Atkins and others and 52,561 aores, more or le as, in Rockingham County, Virginia. statement made by --..i ~~ ~ erk ~"'"..:..,. _&::.-::;~p-~__,.:;;;...=c.....::;.__ .......... - ~====-.. . ,.;;;.;;:;;==========:::!..--' pu.rsnant to a decree entered in th e above entitled cause on October 25, 1932 , in re- s ponse to Item No . 1 of the inquiry made in said decre e. Your respondents say that the a creage listed in the repo1•t of the .Appraisal Board, under 1 ts No. ,41:.t/J , is believed to be approximately oorre ot, and that they do not desire to make an:y objection to the a ore age as there given. Your respondents fur th r say that it was not the number of a ores allowe d them t o vhich exception was taken, but tha t the exceptions heretofore filed by them were to the amount allowed your res pondents per ao_~ a. ~-...t!~,:L.,_~ ~ ~~ - 3 / ~ ~ ~ - ~~ :/,,4-- ""t>-- 4-=4 ,..,..-,J......-- t>, '- -Ea 6= <L ~~;~ By Counsel.. ~- ~ LAW OFFICES GEO.S. HARNSBERGER HARRISONBURG , VA. 4 <'., �::z n '3> :;' • z, S XJ !? =0 Ill n m 0 0 :z C Ml STATEM."ENT m J. XJ Geo . OF R. o. s. Harnsberger, p.q . ca-1 "R~ <. ~- - 3 • z, n G\ 0 n - - ::, C ., "' :z ;q~ ~ ~:Ju'.[J j /) J/3 3 STATEMENT OF COSTS, POSTAGE, ETC . : C lD 2 z, z, "' 2 . S' ... •N :::r rn < at XJ NIZER a, ffl -I II 0 J> IC Ill -I 0 �In re Arbi tratio n .Agreement subm itted to the Gover nor , arisi ng in or out of the condemnat ion proce eding s pendi ng in the Circu it Court s of Virgi nia under autho rity of the Shena ndoah Natio nal Park Act . State Commi~sion on Cons ervat ion and Development of the State of Virgi nia ~~ce C,\~~\(\ VS• Cassa ndra Lawson AAtkins and other s and 52 , 501 acres of land in Rockingham County. In re excep tions of R. O. Nl.zer . \ •\,,~w.l ' ". \\'\t ~a\'<\ ~oc~W~ \ll~ co~"\~ ! ,~1i ~\)~ ~ . ~\~tl- ~. To the Hon. Phili p Willia.ms , Chairman of the Park Land Arbi tratio n Board . In reply to the rules issue d by said Arbi tratio n Board on Augu st 16 , 1933 , and in reply to your call there in made , the under signe d begs to say : The number of the tract owned by excep tan.t , as shown on t he map filed in this proce eding , is 40 . (a) {b) The acrea ge claim ed is As the claim now under consi derat ion is based prim arily upon the mine ral right s there in asser ted , the requi reme nts under this secti on do not in their entir ety apply . {c) Suffi ce it to say here: That the Appr aisal Board did not make prope r alt he lowan ce for the land of your excep tant , as distin gti.is hed from mine ral right s there in, in that it only allow ed to your excep tant the sum of Three dolla rs per acre for his land when he had paid (1) Six Dolla rs per acre there for, and when the wood alone upon said land is worth more than the total amount allow ed by the JU>pr aisal ~ .... i / ~ .US-•6,,-,,;d ~/a - ~ ~ . _ Board . ~ LAW OFFI C E S GEO. S. HARNSBERGER HARRISON BURG . VA . (2) That the repor t of the Appr aisal Board is furth er erro �--2.----neous in that it does not take into consideration at all , or place any value on. the manganese ore found to be in and upon said land. for The geological reports~ both the State of Virginia and the united States show tha t said mineral right s are located within the manganese ore-bearing belt along t he western slope of the Blue Ridge Mountains . vey. See Bulletin 17 of the Virginia Geological sur- This survey was prepared in co- operation with the United States Geological Survey. The lands in which said mineral rights exist have been partially prospected , and ore of approved analysis has been found , and, from such prospecting as has been done , it is believed that said ores exist in commercial quantities • .AS this tract of land is located about midway between the Palmer lands on Naked Creek and the Harnsberger lands at Elkton and in these.me ore- bearing belt , it is believed that the statement made by ~ . c. J. Bartells and referred to in the reply made by the Palmere is euqally applicable to the mineral rights of exceptant,and the statement attributed to Mr . Bartells and contained therein is aske to be read in connection herewith. t"'"J r- a oo. _. The $ 4 ,> .,,. claimed in this matter is not the full value of the royalty on the ore sought to be taken in these proceedings , but, as the property has to be developed, and as it takes money for such development , no larger sum is asked. The Appraisal Board did not make any allowance for inci dental damages to that portion of your exoeptant 1 s land which are left out of the Park area. In this the Appraisal Board erred , be- cause it is a well known and recognized f a ct in mining that the greater the acreage the more valuable t he mining int erest , for the simple reason that it gives more area for prospecting and development . LAW OFFI CES GEO. s. HARNsBERGER HARRISONBURG . VA. Your exceptant , therefore , asks tha t a :proportionate allow- a.nee be made for that part of his land lying outside of the Park �--3--area. Your exceptant requests that this matter be heard at the same time that the other exception s in regard to the manganese mineral rights are being considered , as the primary evidence in all of these cases will be t he s ame, only varying as it pertains to the particula r tr act under considera tion. State of Virginie. , County of Rockingham , to -wit : personally appeared before me , .!Z....a~ a.':..J..~~. a~--- ---• a Notary Public in and for the State of Virginia , in my County aforesaid , County and, being duly sworn, deposes and says: I have read the above statement , and believe the state- ments of facts contained therein to be true. ~ Subscribed and sworn to before me this August , 1933. LAW OFFICES GEO. S. HARNSBERGER HARRISONBURG. VA . z1 day of �filed in the Clerk'1 Offie Rockingham Count}" NIZER. R. o. SEP 40 ROCKINGHAM COUNTY (/ f 1933 ~~Cte IN RE. ARBITRATION AGREEMENTS submitted to the Governor arising in or out of Condemnation Proceedings pending in the Circuit Court of Virginia under authority of the Shenandoah National Park Act. SUMMARY ~TATEMENT OF PETITIONER: EXCEPTANT: ORIGINAL CLAIM: Nizer, R. O. Acreage 103 : Value $1030: Inc. Damages VALUE PLACED ON TRACT BY lli TI TI ONER I S AP PRAISERS : VALUE TRACT NO . 40 INCIDENTAL DAMAGES $204.00 Nona BOARD OF APIRAISAL COMMISSIONERS FINDINGS: MAP NUMBER OF TRACT : 40 VALUE OF TRACT : TRACT NO·. 40 VALUE $306 . 00 INCIDENTAL DAMAGES Nena None �The basic differences between Petitioner and this exceptant are as to the classificatio n and value of the land, mineral rights , and amount of incidental damages . Although we believe the values reported by the Petit i oner ' s appraisers were very liberal and that the findings of the Board of Appraisal Commissioner s as to values are substantially too high, we have accepted and will not seek a lower valuation than their findings as shown on the above tables in this case . As to the classificatio n of the land and the other elements of value we submit that these matters are correctly set forth in the vvork Sheet of the Board with reference to this case, and not as set forth in exceptant 1 s statements . This Work Sheet is filed with the record and a copy of this Work Sheet is submitted with copy of the record tendered here~ith, and additiona l copies of the Work Sheets in this case will be furnished if desired. (/- // _ Subscribed to and verified before me this the O 1933 . ~ day of September, j(.~ Emma K. Stokes, Notary Public ,,,, �, ' �l .. ,OC I .. nt - ' ' ; , V • .o r .o e o y 'ark tho 11 l f 't C e l' • ii of Vir r 1 h yo ion ... I- ho! 11 for t tOV (2) n a 0 tt u..t io 0 l.0 C • i ll t Eli fully 10.1 ot 0 e .. l • 80 0.:.: toi: h llo t.ll .,, co .1 '1 ..h t y b n na ion ";u e .v o oe1>t1o.n of ai n ., 1th • f lo. io 1 h t (Jil bo th lr co yh lik I j, 1lo0 1n o!o h :r Co. .1aeion 1r.t1a • ·rho ( ) 0 th,r " p.r t.ha ·Jld "t t 0 t t o.t ot pi h t reel li ~ y ~ ourd. tion u1 .9 t or Q ill.1. •ma , 'lh. 1, n n b 0 ' t .. XO 0 xoe - om· n au nt p f ty o.n n ~ 1 in th (~} t 0 Ta ~tho 1 y too 0 in i,roo i ., i hereto. LAW OFFI CES GEO. S. HARNSB ERG ER HARRISONBURG. VA. Z2C �£aw Office ~eo. S o/ Jlarnsberyer Xarr/son6ury,l/4. Aug . 11,19::l3 . To the Hon. Philip Williams , Chairman of the ParA Lanct Arbitration Board; This is to certify that I,the undersigned,have employed Geo.S . Harnsberger,Attorney, of Harrisonburg,Virginia,to repres ent me in all conclenmation proceeuing s in connection ,vith my lands in the nhenand oah National Par~ area . 231 �IN THE CIRCUI T COURT OF ROCKINGHAM COUNTY,VIRGINIA. The State Commission on Conserva tion and Development of the State of Virginia vs. Cassandra Lawson Atkins and others and 52,501 acres of land in Rockingham County. TO HON.H.W.BERTR.AM,JUDGE OF SAID COURT. The motion of R.O.Nizer, praying said Court to disapprove and to deoline to accept the findings of the Board of Appraisal Commissioners, heretofore appointed by said Court in said matter, wherein said Board reported, under No. 40 of its findings, as filed in the Clerk's Office of said Court, that moveant is only entitled to th:t-ee dollars per acre for his lands siauate in the park area, on the western slope of the Blue Ridge Mountains, in the eastern portion of Rockingham County, Virginia. The grounds of said motion are as follows: (1) That the report of sa id Appraisal Board is erroneous, in that it does not take into consideration at all, or plac e any value upon, the manganese ore found to be in and upon said land, although the existence of said ore was clearly pointed out to the Appraisal Board. Reference is here made to the claim filed by moveant before said .A,ppraisal Board for the value placed on said ores by the moveant. (2) That the said Appraisal Board erred in allowing to moveant the totally inadequate and confiscatory sum of $3.00 per acre for his land when moveant paid ~6.00 an acre for the same and when the wood upon said land is worth more than 11:i:: is allowed for the land by said Appraisal Board. LAW OFFICES GEO. S. HARNSBERGER HARRISONBURG , VA . (3 } That the finding of said Board was based upon a mist ake of law as to the nature and effect of the evidenc e produced �-,-.2-- produced before said Board by the said moveant. The affidavits attached hereto are asked to be read in support of these exceptions. (9 .•o od J CR . By c~·U~·---:.;... cs:M Cou.nse • .__,.,., k&a. s.~ ·o ,.,__,,J) LAW OFFICES GEO. S. HARNSBERGER HARRISONBURG . VA. ., e • , �IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY,VIRGINIA. The State Commission on Conservation and Development of the State of Virginia vs. Cassandra Lawson Atkins and others and 52,501 acres of land in Rockingham County. The affidavit of Robert O.Nizer, to be read in connection with the motion filed by him to have the findings of the Board of Appraisal Commissioner s disapproved in connection with its finding No. 40. State of Virginia, county of Rockingham, to-wit: R.O.Nizer this day personally appeared before me, ~----' ..;:..;;..~JJ~~(f!,.::..;::_~D~~~· _ A;J a Notary Public in and for the County aforesaid, in the state of Virginia, in my County aforesaid and, being duly sworn, deposes and says: I paid for the land involved in this matter the swn of $6.00 per acre, as shown by my deed for the same. The Board of Appraisal Commissioner s only allowed me ~3.00 per acre, which is not sufficient to pay for the firewood thereon. I have sold some firewood off of the land lying adJa.cent to the land in question, w~ich land was acquired under the same deed, and is the same character of land as that now being condemned by the Commission, and have received considerably more than $3.00 per acre therefor. This character of land independent of any minerals thereon, is to-day worth at least $10.00 per acre. what adjacent lands are selling for. This opinion is based on The land in question lies upon the west slope of RuckleberryM ount&in, which is a spur of the Blue Ridge Mountain, and in what is n~enera lly known as the manganese ore belt, and is situate about three miles from the LAW OFFICES GEO. s. HARNSBERGER HARRISONBURG, VA. Elkton manganese mines. The land clearly shows ou t-croppings �--2--of ore, and ore-pits have been dug upon the adjacent land showing that considerable ore exists even near the surface of these lands. When the Appraisal Board had this matter under consideratio n, I went with them upon these lands , showed them the ore-pits on adjacent land , showed them the out-croppil'.lg s on this land , and, after inspection of the same, the Board gave me to understand my lands contained valuable and rich deposits of ore for which~ it would allow me at least some reasonable compensation . On the contrary, however, its report shows that it made no allowance for minerals at all. In my claim filed in this matter, I set forth the amount that I considered reasonable for the ores and also for the land in question , and I ask that that claim be read in connection with this affidavit. I am informed that Bulletin 17 of the "Manganese Deposits of the West Foot of the Blue Ridge , Virginia", which was "PREPARED IN CO-OPERATION WITH THE UNITED STATES GEOLOGICAL SURVEY", shows that my land lies in the ore-bearing manganese belt , and as this land is situate between the known ore- bearing lands at Elkton and on Naked Creek and as the ore is shown upon the land itself , there is every reason to believe that ore exists on this property in commero:lal quantities. The Appraisal Board not only informed me , but told others, that there wae a better indication of manganese ore upon my lands than any other land it had examined. Subscribed and sworn to before me this 1-0 day of September , 1932. _/ _ ,.,-_ _, -l/i~ A\J. . . .J"'. --f-~-.l(i,,,o, - .. . i LAW OFFICES GEO. S. HARNSBERGER HARRISONBURG . VA. Notary Piiblio . �etate fh ion on evelo 001 ·111 ns rv tion of the n te of l:l ., . • eon 0 s andr .n others d more ·or le tl irgini ·ir. s~. 561 , in J.\O .ucr o 1ngh •Oounty, Lli • V ocree pt1rsa.ant to eo ro 1 • 'Ponee 0 the Ite . tour bov~ ntt tled o use on Octob r 25, 193~, in o. l of the i airy 'Y th t ponden.t e in aa ·O od ke ·,o f' ny objootlon t o Y ur of a ore .e ly corr c ap-pro-x:1..r 1· ther a a llow d them t o e x.oep ttone he :re to:i:ore l le your respondents per ore, WV7~ ~ hiah t nd 1-n ~ tber given . vb i it o p tion 0 ta u e om er n, but tha t the mou.nt l.lowe {-n ~ -4' ~ By ~oun (S ' . ey do not desire hat by them we "e to tb.e ~ r o. __ ..:i,Q _ _ is tn a creage spon ent eoree. l i t din th& ort of the Appr teal :.Sou d , under 1 ta be i.d i· • 1. L ~-€£- J ~. Oo lll'lsel. LAW OFFICE S GEO. S. HARNSBERGER HARRISONBURG . VA. Z.3sA �--- --------------- ---- J ~ 7~--------- J----------------------- ------------------more or less, of land in_~ ~ ~- ~ -County, Virginia, Defendants. The undersigned, in answer to the petition of the State Commission on Conservation and Development of the State of Virginia, and in response to the notice of condemnation awarded upon the fi~ ~ ~ : ; . ti~i~ __a~d published in accordance with the order of the Circuit Court oL~ ------ ---~ County, Virginia, asks leave of the Court to file this as h~ya:s:: :: said-petition _L ~oti...ce. - - ------ --------- --- ----------- My post office address is_______ __ __ ------"J- ~ - ~L ___ £___~ _ .__ _ I claim a right, title, estate or interest in a tract or parcel of land within the area sought to be condemned, containing about ____ . , L ~_____ acres, on which there are the following buildings and improvements=- -----~ ------------ - - -------------------- ===~~~ I claim the following right, title, estate or interest in the tract or parcel of land described above: (In this space claimant should say whether he is sole owner or joint owner, and if joint owner give names of the joint owners. If claimant is not sole or joint owner, he should set out exactly what right, title, estate or interest he has in or to the tract or parcel of land described above.) . ---~ . A l _ ~-- ~ ~ 0 - ~ #,. -1o _.h-,..~ _ :d L4/<-v- /4 . /..e...-=-,-----------------------------------------------------------------------I acquired my right, title, estate or interest to this property about the year __________ in the ~~~~~~~E~e~ on is $/ - £ _LL_.- I claim that the total value of my right, title, estate or interest, in and to this tract or parcel of land with the improvements thereon is $-./~J'-~--~ --· I am the owner of_ __~ ~----acres of land adjoining the above described tract or parcel of land but lying outside the Park are a, which I claim will be damaged by the proposed condemnation of lands within the Park area, to the extent of $--~ -~ -~ ~ ~ ac'e below should be set out any additional statements or information as to this claim which claimant desires to make; and if practicable he should also insert here a desc~~::~~ ~ ~·~=~-b~.-11 ,~ -tdd~-~ ---:,!:_ ~fa--~ - ------------------------ ---------- ---------- (Continue remarks if necessary on the back). Witness my signature (or my name and mark attached hereto) this __ _L_~ _____ day of. i ~--, 19~ /4/4~_d'__~ -~ z ; / ~-------------STATE OF VIRt'.hNIA, COUNTY OF_____ ~ --- --- ----- -------, To-wit. The undersigned hereby certifies that_d ! ; L . _ ~ ~ ~--------------------- the above named claimant personally appeared before hi~ and-~ade oath that the matters and things ap~ ring in his abov~ answer are true to the best of his knowledge and belief, this ___ ...-4 ~ --- -day of_ ~ _ :______ , ~ ~ ~ Lbf! _____ t.b-t4-V. _____ L -:- - - ----· / // Gler-k--ai"flre1 ourt, or rn Invest-I~ /v-~~ . 4 ,;;!----:;::, · iJ/- ~ ~ ; ; - . ~ / maw. . 4.!b~_£_____ Notar Public, or Justice of the Peace. �.,l" �35 IN THE CI RCUIT COURT OF ROCYI NG!L -,_~ COUNTY, VI RGnn • The State Commiss ion on Conservat i on and Development of the state of Virgi nia Filed in the Clerk's Office Rockingham County, Va, vEP j '1932 vs . Cas s andra Lawson ~..tki n s and o thers and 52 , 5 01 acr es of l and in Rockingham C0 unty . p ~~k , JUDGE OF S ID COURT . TO HON. H. W. ERT The mot ion of R. O. Ni ~er , pr aying said Court to disapprove and to de cline t o accept the findings of the Board of Ap praisal Commiss ion ers , heretofor e a:p::)oi nted by said Court in said matter , wherein said Board reported , under Io . 40 of its find ings , as filed i n the Cler1c ' s Offi ce of SB.id Court , that moveant is only entitled to three doll ars per acre for his lands situate in the Park area, on the western slope of the 3lue Ridge I ountains , in the eastern porti on of Rockingham County,V irginia. The grounds of said motion are as follows : That the report of said Appraisal Board is erroneous , (1) in that it does not take into considera tion at all,or place any value upon , the manganese or e found to be in and upon sai d land , although the existence -of s&id ore was clearly pointed out to the Appraisal Board . by moveant before said Reference is here made to the claim filed ppraisal Board for the value placed on said ores by the moveant . (2 ) That the said ppraisal Board erred in allowing to moveant the totally in&dequat e and confiscato ry sum of p3 . 00 per acre for his land when moveant paid $6 . 00 an acre for the s ome and when the wood upon sai d land is worth more than )'1:i:: is allowed for the l and by said LAW OFFICES GEO. S. HARNSBERGER HARRI SO N BURG. VA. ( 6) ppraisal Board . That the finding of said Board was based upon a mistake of law as to the nature and effect of the evidence produced �--2-produced before said Board by the said moveant . The affidavi ts attached h ereto are asked to be read in • support of these exceptions . LAW OFFICES GEO. S. HARNSBERGER HARRISONBURG . VA . �In TH.,. CIRCUIT COURT OF ROCYING ,r COUlfTY , VI RGI NI • The State Commission on Conservation and Development of the State of Virginia vs . a.ssandra Lawson .Atkins and others and 52 , 501 acres of land in Rockingham County. The affidavit of Robert O. lrizer , to be read in connection with the motion filed by him to have the findings of the Board of ~· ppra.isal Commissioners disapproved in connection with 1 ts finding no . 4.0 . state of Virginia , County of Rockingham, to-v.Ji t: is day personally appeared before me , _ _.c..,p.,a;_~..:;._--:...;;,.:;_-+--'------- , a notary Public in and for the Co u n t y aforesaid , in the State of Virginia , in my County aforesai and , being duly sworn , deposes and says : I paid for the land involved in this mat ter the sum of i6 . 00 per acre , as shown by my deed for the same. The Board of ppraisal Commissioners only allowed me )3. 00 per acre , which is not sufficient to pay for the firew ood thereon. I have sold some firewood off. of the land lying adjacent to the land in question , which land ·...... s acqUired under the same deed , and is the same character of land as that nov1 being condemned by the Commission , and have received considerably more than $3. 00 per acre therefor. This charactei- of land , independent of any minerals thereon , is to-day worth at least Jl0. 00 per acre . what adjacent lands are 'selling for . This opinion is based on The land in question lies upon the west slope of Huckle berry t 'ountain , which is a spur of the Slue Ridge Mountain , and in what is generally known as the LAW OFFICES GEO.S. HARNSBERGER HARRISONBURG. VA. manganese ore belt , and is situate about three miles from the �--2-Elkton mangane se mines . The land clearly shows out- cropping s of ore , and ore - pits have ·been dug upon the adjacen t l and showing that conside rable ore exists even near the surface of these lands ·;!hen the Apprais al Board bad this matter under conside ration, I went with them upon these lands , showed them the ore - pits on adjacent land , showed them the out - cro:pping s on this land , and , after inspecti on of the same , the oard gave me to understa nd my lands containe d valuable and rich depos i ts of ore for which it would allow me at least some reasonab le compens ation. me~ On the contrary , however , its report shows that it made no allowanc e for mineral s at all. In my claim f iled in this matter, I set forth the amount tha t I consider ed reasonab le for the ores and also for the land in qu es ti on , and I ask that that claim be read in connecti on wi th th is affi davit . I am informed that Bulletin 17 of the "Mangan ese Jepos i ts of the ·::est Foot of the Blue Ridge, Virginia n, which was 11 PREP~D HT CO-OP::JR .TION ·nTH THE U1'~IT..,D ST.....TES G"SOLOGIC--.L SURVEY", shows that my land lies in the ore-bea ring mangane se belt , and as this land is situate between the known ore - bearing l an ds at ~lkton and on aked Creek and as the ore is shown upon t he land i tself , there is every reason to believe that ore exis ts on this property in commerc ial Quantiti es The ppraisa l 5oard not only informed me , but told others , that there was a better indicati on of mangane se ore upon my lands thQn any oth er l and it had examined . Subs Jribed and sworn t o before me this Q:-,1 day of Septemb~ ~ ~ ... 0 ary R.l. l.C e LAW OFFICES GEO. S. HARNSBERGER HARRISONBURG. VA. 'f10 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rockingham County SNP Records: Court Proceedings Publisher An entity responsible for making the resource available Rockingham County Circuit Courthouse Description An account of the resource The first series of <span>the SNP Records collection consists of 4,756 documents related to The State Commission on Conservation and Development of the State of Virginia v. Cassandra Lawson Atkins and others, and Fifty-Two Thousand Five Hundred and Sixty-One (52,561) Acres of Land, more or less in Rockingham County, Virginia, court case initiated by the state of Virginia in order to acquire 52,561 acres of privately held land located within the northern Blue Ridge Mountains.&nbsp;</span> The Virginia government in collaboration with the federal government, used condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation, and more formally known as “eminent domain,” to create the Shenandoah National Park. The documents within the collection almost entirely refer to land located within Rockingham County, but other counties within the park’s scope followed a similar process to acquire the land. The documents are broken up into three categories: Deed Books, Miscellaneous Documents, and Condemnation Cases. This collection contains the Condemnation Cases.<br /><br />For more information on the Rockingham County Shenandoah National Park collection, visit the "<a href="https://omeka.lib.jmu.edu/erp/findingaids">Finding Aids</a>" tab in the menu above.<br /><br />I<span>n the 1970s and 1980s many of the individuals displaced by the park creation were interviewed in hopes of preserving their stories. To listen to those records visit, <a href="https://commons.lib.jmu.edu/snp/">https://commons.lib.jmu.edu/snp/.</a><br /></span> Creator An entity primarily responsible for making the resource Rockingham County Circuit Court Date A point or period of time associated with an event in the lifecycle of the resource 1925-1935 Identifier An unambiguous reference to the resource within a given context Snp001 Relation A related resource <a href="https://omeka.lib.jmu.edu/erp/collections/show/2">Rockingham County SNP Records: Deed Books</a><br /><a href="https://omeka.lib.jmu.edu/erp/collections/show/3">Rockingham County SNP Records: Miscellaneous Records</a><br /><a href="http://catalog.lib.jmu.edu/record=b2286919">Shenandoah National Park Oral History Collection</a> Is Referenced By A related resource that references, cites, or otherwise points to the described resource. <a href="https://omeka.lib.jmu.edu/erp/items/show/4526"> Shenandoah National Park Records Finding Aid </a> Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Source A related resource from which the described resource is derived Naylor, Cassie - Shifflett, Ahaz Identifier An unambiguous reference to the resource within a given context nizer-r-o.pdf Title A name given to the resource Nizer, R. O. Publisher An entity responsible for making the resource available Rockingham County Circuit Courthouse Description An account of the resource Location: Dry Run Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tract(s): 40 Format The file format, physical medium, or dimensions of the resource PDF Rights Information about rights held in and over the resource This work has been identified as being free of known restrictions under copyright law, including all related and neighboring rights.&nbsp;(<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 Nizer