191 20 4487 https://omeka.lib.jmu.edu/erp/files/original/a390b52602d1fde1790ccb8b02333f36.pdf 02ad8ef5e0154ff5cd52ffdcd4e41c09 PDF Text Text Coil^ y: Rappahannock District: Piedmont NAME OF OWNER #259 - Judd, Mrs. - Kate Lot . No.17 . No. 17 Number of Acres: Lo t On the north side of the Lee Highway just east of the Blue Ridge at Panorama, and designated as Lot. No. 17 Location : Roads : . . This tract fronts on the Lee Highway Sandy clay loam with surface partially covered with loose rocks. The slopes are gentle with a south exposure Soil : . This lot was originally a part of a much used for agricultural purposes un i 1 was larger tract of land that warranted the development of the the improvement of the Lee HighwayLater that particular tract was sub summer resort known as Panorama public at auction sold and lots building into divided History of Tract and condition of timber : . ' - . One 3 room frame bungalow with wing, metal roof, ceiled, hen house, composition roof frame painted, . Improvements : Acreage and value of types : Acreage Types Value per acre Total Value Slope : Cove : Grazing Land : Cultivated Land : Orchard : Minerals : Value of Land : $ $150.00 150.00 Value of Improvements : $ 585.00 Value of Orchard : $ 585.00 $635.00 Value of Minerals : $ Value of Timber : $ Value of Wood : $ Value per acre for tract : $ Incidental damages arising from the taking of this tract : $ ’ HO HE CLERK �C ounty: Rappahannock istricfc: Piedmont £259 Acreage Claimed ; - Judd, Vrs. Kate, - Lot 17. Assessed .92 A ; * .92 A - . Assessed; $ Value Claimed: Deed: Consideration $100 On the north side of the Lee Highway just east of the Blue Ridge at Panorama, and designated as Lot #17 Location; ‘ . Incumbrances, counter claims or laps: None so far as known * Roads ; This tract fronts on the Lee Highway, Soils Sandy clay loam with surface partially covered with The slopes are gentle with a south loose rocks, . exposure History of tract and condition of timber; This lot was originally a part of a much! larger tract of land that was used for agricultural purposes until the improve ment of the Lee Highway varranted the development of the summer resort known as Panorama , Later that particular tract was subdivided into building lots and sold at public auction “ - . Improvements: - .One frame hen house 10 ’ x 12' with roof, — — of Total value of land ; Total value !? ft if fi " " .- This lot is improved with a three room frame bung alow 14’ x 28 » with a 12 » x 14 * wing in the rear The building is ceiled, painted, and has a solid foundation and metal roof $500 150.00 ^ - 520.00 — Lot,;670.00 improve ments ' composition . � 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 Judd, Kate Description An account of the resource <p><strong>Tract: </strong>259; </p><p><strong>Location: </strong>North side of Lee Highway east of Blue Ridge at Panorama; </p><p><strong>Cost/Acre: </strong>$ (n/a); </p><p><strong>Estimate Value: </strong>$635.00; </p><p><strong>Number of Acres: </strong> (n/a); </p><p><strong>Monies Awarded: </strong>$635.00</p> Source A related resource from which the described resource is derived Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource <a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tract 259 Identifier An unambiguous reference to the resource within a given context judd-kate-tract-259 Judd https://omeka.lib.jmu.edu/erp/files/original/55021ab709232b8dfb157070302e5972.pdf b0410b706b6bbdc6039534191d447bf9 PDF Text Text VIRGINIA. IN THE CIRCUIT COURT OF ROCKINGHAM COUNTY. The State Cormnission on Conservation and Pevelopment, of the State of Virginia, Petitioner, v. AT LAW NO. 1829. Cassandra Lawson Atkmns, and others, and fifty-two t housand, five hundred sixty one acres {52,561) more or less, of land in Rockingham. County, Virginia, Befendants. MEMORANDUM FOR THE CLERK. THE INSTRUCTIONS set out herein are directed to Mr. George H. Levi, w. L. Green and Miller A. P.riee,whom I have appointed Special Investigators and Members of a Board of Appraisal Commissioners, in these proceedings, and directed to qualit'y before you or your deputy. B~"F0RE administering the necessary oaths of office you will hand each of these gentlemen a carbon copy hereof and file the original with the record. TO MESSRS. George H. Levi, Miller A. Price and W. L. Green, Special Investigators and Members of a Board of Appraisal Cormnissioners: YOUR duties as Special Investigators and Members of a Board of Appraisal Commissioners are set forth in the Public Park Condemnation Act. In the pertormanee of these important duties, you are subject only to the direction and control of this Court, and the Judge thereof, and this you should bear in mind at all times. The Judge of this Court will hold himself in readiness at all times to assist and advise you in all matters pertaining to the performance of your duties, and invites you to consult him freely in all matters as to which you may be in doubt, except of course the making of such findings of fact, especially as to the value of lands and other interests within the park area as to LAW OFFICES WEAVER & ARMSTRONG FRONT ROYAL , VA . which the law imposes on you the duty of exercising your own uncontrolled and. �independe nt judgment. UNTIL further instructio ns your duties as Special Investiga tors will be limited substanti ally as follows: ( a) TO making diligent inquiry as to the exi stance of lands or interest in lands in the proposed park area in Rockingham County to which infants, insane persons, or persons under legal disabilit y ar-e entitled and lands as to which no claims of ownership have been filed and as to whether there may be sufficien t reason to believe that no such claims of ownership will be filed; (b) YOU are not required at this time to ascertain the values or exact descripti on of suchlands and it will be sufficien t at this time to secure general informati on as to the names of owners, location, extent, etc. which might be useful or necessary if and when a special report is called for with relation thereto; (c} To visit the area sought to be condemned in these proceedin gs and acquaint yourselve s generally with the boundary lines, parcels and tracts into which it is subdivide d, the occupants and owners and the nature of their claims, the character of the soil, crops, and other informati on which you would deem useful if you wourselve s contempla ted "<lfu:ying these lands; ( d) TO furnish blank forms to persons desiring to file claims; (e) ON request, to assist the persons owning or claiming right, title or interest in the lands sought to be condemned to fill out and verify the claim forms furnished them; (f) TO perform duties contempla ted in Section 23 of the Park Condemnation Act. YOUR duties as Member of the Board of Appraisal Commissioners are also set forth in the Public Park Condemnation Act. BY far the most important duty which you will be called upon to perform in the course of these proceedin gs are the making or finding of values of the various tracts, or parcels of land within the park acrea and ot the various claims ot right, title and interest thereto. LAW OFFICES WEAVER & ARMSTRONG FRONT ROYAL , VA • �IN TEE perfor mance of these dutie s the utmos t degre e . of impa rtial fairn ess and discr etion will be requi red of you, and it is of the utmos t impor tance that your condu ct and beari ng at all times shoul d be such as to inspi re confi dence in your probi ty and rectit ude and absol ute impa rtiali ty. WHEN YOU come to make such findin gs of valu efur sole duty in that conne ction will be to asce~ tain and repor t the true value of the vario us yarce ls or tract s of land withi n the propo sed park area and of such claim s of right , title or inter est there in as this Court or the Judge there of may direc t you to ascer tain. YOUR duty then will be to ascer tain value s and to act on each claim as an impa rtial and unbia sed judge of such value s. It is no part of your duty to induc e eithe r the petit ioner or the claim ants to accep t or conse nt to accep t any speci fic amount as the value of these lands , or claim s there to, or to try to convi nce them that the value s you may set upon them are the true or corre ct value s. Your duty will be limit ed to the makin g and repor ting to this Court findin gs of the facts as to value . YOU shoul d, there fore, be extrem ely guard ed in every word and deed, and caref ully reser ve your own views as to value s for the repor ts you may be calle d upon to subm it. THE 6onde mnati on Act gives you very broad power s in your inves tigati ons as to the value s of the lands sough t to. be condemned in the parJt area, but when findin gs cane to be made as to . the value of any parce l or tract withi n the park area, or of any claim of right , or title there to, both the petit ioner and the claim ant will be entit led to a heari ng and tq an oppor tunity · to examine the witne sses calle d at the heari ng. You shoul d not there fore perm it either the petit ioner or any owner or claim ant to discu ss in your prese nce the value of any tract or parce l of land in the park area, or of the value of any claim of right or title there to until and unles s there is a heari ng of which both parti es have had notic e and an oppor tunity to be heard . LAW OFFICES WEAVER & ARMSTR ONG F RONT ROYAL , VA ;. �TO assist you in the ~rformance of your duties you may call on the Court to require the parties to the proceedings 1D furnish you wi~h any information in their possession or in their files,. asto the location, title, ownership, extent and boundaries of any of the various parcels and tracts of different ownership within the Park area. THE: Act provides compensatio n for your services at the rate of twelve dollars per diem for each day in which you are actually engaged in the performance of your duties; and reimburseme nts for actual expenditure s for travel, lodging, subsistence and other expenses as may be allowed and q,proved by t his court or the judge thereof. A MONTHLY itemized and duly verified statement properly supported by the necessary vouchers, -should be submitted to the Clerk of the Court setting forth your claims for canpensatio n and reimburseme nt. And to avoid any questions hereafter, and for the guidance o:f both the Clerk and yourselves, I deem it proper to advise that the services herein directed to be performed by you and :for which you will be entitled to compensatin n •are to be rendered wholly in Rockingham County wherein these proceedings are pending; an allowance and approval of actual expenditure s 1"or lodging and subsistence will be limited to a maximum of three dollars per day; to six cents per mile for travel in your own automobile; and for all other expenditures to those that are affirmati vely shown t o be reasonable and necessary in the performance of ~ur duties in Rockingham County. JODGE. LAW OFFICES WEAVER & ARMSTRONG FR ONT ROYAL , VA . �The State Commission on Conserva· tion ·and Developm ent, of the Sta e of Virginia, Petitione r, v. AT LM/ N0.1829 Cassandra Lawson Atkins, and others and 52,561 acres, more or less, of land in Rockingham Count: , Virginia, Defendan ts . ) MEMORANDUM FOR THE CLERK. ) . LAW OFFICES WE.A.VER & ARMSTRO NG FRONT ROYAL, VA. � 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: Miscellaneous Documents Description An account of the resource <span>Series II consists of 1,198 "miscellaneous records" related to the condemnation of land in the Blue Ridge Mountains and the court case. The types of records one will find hear vast, but you can expect to encounter </span>correspondences, newspaper clippings, and legal documents that do not necessarily belong to any individual condemnation case but provides additional context.<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. Subject The topic of the resource Shenandoah National Park (Va.)--History Rockingham County (Va.)--History Rockingham County (Va.)--Genealogy Skyline Drive (Va.)--History Condemnation of land Mountain people --Blue Ridge Mountains-- Social life and customs 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 1930-1939 Identifier An unambiguous reference to the resource within a given context Snp002 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/1">Rockingham County SNP Records: Court Proceedings</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 MISC - Mar. 28, 1930 - Nov. 20, 1931 Identifier An unambiguous reference to the resource within a given context judge-bertrams-instructions-to-members-of-board-of-appraisal.pdf Title A name given to the resource Judge Bertrams Instructions to Members of Board of Appraisal Publisher An entity responsible for making the resource available Rockingham County Circuit Courthouse 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.(<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 https://omeka.lib.jmu.edu/erp/files/original/a7b7f73f835a846427a0e3834ea6878f.pdf 0dd8d4c65e92de804a9a896980655c62 PDF Text Text VIRGIJ\TIA. IN THE CIRCUIT COURT OF ROCKINGF..AM COUNTY. The State Cormnission on Conservation and Development of the State of Virginia, Petitioner, v. Cassandra Lawson Atkins, and others, and Fifty two Thousand, Five Hundred Sixty One Acres {52,561) more or less of land in Rockingham County, Virginia, defendants. The Court doth order that the Board of Appraisal Commissioners heretofore appointed, do proceed to hear the claims of all claimants of land and interests in land, and to damages resulting from the condemnation of lands sought to be condemned in this proceeding and hear such evidence for and against such claims as may be submitted by claimants and petitioner respectively and for such purposes, the fol- lowing dates and places are designated, namely: PLACE OF HE.ARING CU.DI.ANT. Armstrong, J . c. Baugher, Geo . w. Bailey, R. L. Bailey, C. A. Baugher , A. J. Baugher, Elsie B. Baugher, Gideon W. Baugher, VJ . H. Berry, Mattie K. Baugher, William Breeden, Nora Burke, R. M. Burke, Barbara B. Baugher, G. s. Baugher, Joseph ':r. Buckner, Wash Conrad , George N. Comer , June J . Comer, J . 1fT. Baugher, i:. D. Comer, Julia L. LAW OFFICES WEAVER 8c ARMSTRONG FRONT ROYAL , VA . Carrickhoff, J.E. Currie, Charles, Crawford, Rawleigh Crawford, T. Walter Cupp, J. H. Crawford, J . s. Crider, Jetson J. DATE OF IIEJ,RING. Office of Board of Appraisal Commissioners, Elkton, Virginia. Same vronday August 17th, 1931 . Same " " " " " " " " " It II II II " " II " II " II " II ti II It fl ti " " II " " " " fl " " Same " " Tuesday, August lSth, 1931 . Same " " " " " " II fl " II �CLA.DJ!ANT. Coihk, '!l. R. Cook, Nellie F. Downs, W. J. Dutrow, L.B. Dutrow, Pauline K. Dean, AnnE. Dean, J. B. Dugans, George Dean, w. F. Jr. Davis, G. Thomas Davis, David s. Dean, E. A. Diehl, C. D. Dean, Daniel T. Dean, s. A. Dean, Millard J. Eppard, M. L. Eppard, J. A. Estes, Hrs. S. D. Eaton, Samuel G. Egger, Bertha L. Eiler, H. R. Eiler, F . D. Edwards, r.'f rs. Uary Elizabeth, Edwards, Elizabeth B. Foltz, Vernon vr. Funkhouser, John M. Funkhouser, Effie M. Gibbons, Mrs. Emma V. Gratton, Frances R. Gibson, James J. Gaynor, Mrs. Charles L. Grandle, Katie M. Hensley, Sol. J. Hughes, F. H. Hughes, Lenora A. Hensley, Bertha E. Hickle, George Vl. Hensley, Thomas B. Hopkins, Mrs. Anna V. Hedrick, Annie E. Hensley, Teddie R. Hensley, Mrs. N. VT . Hensley, Kittie F. Hensley, Rebecca E. Haney, J. K. Hensley, Sigourney A. Helbert, J. T. Harper, W. c. Hinkle, J. W. Hensley, W. I:Iarvin LAW OFFICES WEAVER &ARMSTRONG F R ON T ROYA L , V A. PLACE OF HEARING D.A.TE OF B:E..!ffiING Tuesday, 8ffiee of Board of Appraisal Commissioners, August l8th,193l. Elkton, Virginia. Same Same ti ti " " " " " fl ti " " " " " " II Same tf Wednesday, .Aug. 19,1931. Same " ft " ff ti " ff " " " " " II " " " " "II ti " " " " ti " ti "tt " tt II ti fl " " II ti Same " Thursday,Aug. 20th,l931. Same H ti " " " " " " " " ti fl " II II " " tt "ti # " " It " " " " " " " " II ti " " �CLA.IMA.Nr. Harrison, M. H. Herring, J. R. Hudlow, Nora V. Hughes, J.E. F. Harnsberger, Geo. L. Miller, V. c. Atty. for M. M. Jarman heirs, King, J. W. Kemper, Dr. A. s. Lawson, Lula B. Long, M. H. Lancaster, R. V. Lam, George "7:. Littell, J. Frank LaBaume, Lydia H. Lawson, George s . Lam, B. H. ·".Lam, Jas. Wm. A. PLACE OF HEARING Office of Board of Appraisal Commissioners, Elkton, Virginia. Same ff DA?E OF 1-IEARING Friday, August 21, 1931. Same II ff II ff II It fl " tt tt It It !I tt II " II tt tt " tt " u " It tt tt " " ff ff ff fl :n.ronday , Aug. 24th,l931. Lough, Garland s . Lewis, S. H. Horris, Jake, VIeadows, L. c. Morris, Ashby Miller, Victor W. e crris, Nora ::. Eorr is, 1.Iyrtle G. Miller, Robert T. Moore, Minnie E. !Leadows, Cleadus Alfred l.lcDonaldoon, Thos. rr. ?.lace, Geo. 1. , . McDaniel, z. '1. • Meadows, John ,, • Mace, J. ll'. Hiller, i.'. B. 11iller, ~7. s. I.lace, T. Ashby I.!orris, Richard LAW OFFICES WEAVER 8c ARMSTRONG FRONT ROYAL, VA. Same Same II ti "tt It II ff " 11 " " ti " " If ll ti " "tt tt It " ft II tt tt ti " " "tt tt " Same Meadows, L. l . n orris, J"acob "tt rrcDonaldson, George tt Marshall, Bary J. tt I.:ace, John :H. i orris, George E. "ft Maiden, J. Luther Naylor, H. S " Naylor, Cassie I.I. " tt Naylor, c. 11. II Nichola s, Carrie T. Nicholas, F. L. "ff Naylor, I.'.r s. Jessie J . tt Nicewarne r, r;:rs. Thos. -It Ott, :Rosa L . .r tt Ott, E. D. It Rock i ngham I.:emorial Hospital tt Phelp s , I da H. tt Raynes, Cordelia c. tt Roadcap, John It Keezle, Cha s . M. ti " ti tt Tuesday, Aug. 25th,l931. Same tt II " fl II If If " tt II tt It " tt " tt If �CLAil:1ANT. Roach, IJrs. Chas. Raynes, Arthur c. Rosson, 1.'.:rs. George Rockingham National Bank of Harrisonburg, Shifflett, Ahaz Shifflett, Emma J. Shaver, lfarvin S. Shifflett, lexander Shifflett, Oscars . Shifflett, A. W. Shifflett, Daniel Shuler, J. E. Sipe, Edgar Shifflett, Irene Shifflett, John i7. Shifflett, l'.:rs. ]Iamie Sellers, Clarence H. Shifflett, Chas. 1'lhi tfield, Karl R. Hensley, Thos. B. Trustee Maiden, J. Lester,Trustee Hughes, J.E. F. Trustee Shipp, Daisy Shipp, Ethel C. Shifflett, Carlo. Scott , 1 . L . Shifflett, filbert P. Sampson, Mary E. Shifflett, Bernard Shipp , Haude 1.:. Sellers, T. Alfred Shifflett, Geo . Frank Sellers, O. D. Scpool Board of Rockingham co. Shifflett, Pearl LAW OFFICES WEAVER &ARMSTRONG FRONT ROYAL , VA . Shif'flett, George H. Shifflett, 'Vilmer C. Sipe , L. L . Smart, Jno. Smart , Catherine E. Shifflett, Nancy Snapp, Kate w. Sipe, W. F. Shifflett, Hosea L. Shiff'lett, Mrs. ii . A. Shifflett, George E. Showalter, F. P. Shuler, Chas. H. Sellers, l!rs. Hillie Ann Smart, rm. B. Smart, Ida C. Smi th, Q.. ::: . Shifflett, W. A. Shifflett, Mayward M. Shifflett, Irvin F. Shifflett, c. 11. Shifflett, Geo. w. Saunders , Wallace c. PLACE OF PEARil'JG Board of Appraisal Connnis sioner' s Office, Elkton, Virginia. Same " II fl Wednesday, August 26th, 1931... Same If II " fl II fl It " " " II tt If " " fl II fl " If II "tt ti tt " fl ti fl It Sarne " " It " " " DAs:'b OF _:::E.iJUPG. " " " " " " "II " Thursday, .Aug. 27th,l93l. Same " " It " " II " II " It II It II " " " " Same ., Friday, August 28th,l931 . Same fl " " II II ti " " It " fl " " " fl " II II It " " ti " tf " " " " fl II " If fl ti " " " It " tt II " 1'61. �CLA.Il.:.ANT Baugher, J . F . Baugher, M. s. Davis, D. C. Davis, Julia A. Powell, · l'Irs. Bettie E. Roach, John Vl. Roach, Chas . c__ Via, _!:il~y F •__ Via, Robert V. 1:yant, A. :=. ITagner, w. F. Williams, James Williams, R. J. Villiamson, 1:,m. H. ".'leaver, Russell r:. Weaver, Fannie ::. ~illiamson, s. R. 17yant, r-.:ary E. Wyant, Frederick J. Powell , C• l). yant, Geo . H. LAW OFFICES WEAVER &ARMSTRONG FRONT ROYAL, VA . PLACE OF IIBliRDrG Offi ce o f Board of Appraisal Connnissioners Elkton, Virginia . Same " r.1onday August 3lst , l931 . Same " " " " II II " " " " II " " " " " II " II " II " " " " " " " II II " II II " " II " Yancey , B. P. Yancey , T. L. Yancey, s. 1.1. Boice, Charlotte Yancey Yancey, A. s. Yancye, F. 'ii . Yancey, w. B. Yancey, Robert G. Canter, Hary V. Yancey, Lois B. Yancey, Mary A. Uauzy, Mrs. w. L. Same Alexander, John A. Yost , Jacob , Same Bickers ; Motor Co . Collier, Daniel Cover , Mary R. Sellers, E. B. Sellers, Vl. w. 'lcfilliams, A. J. 'lilliams , A. E. Same Bruce, L. H. Bank of Elkton, Inc . Nizer, R. o. Palmer, c. H. Patterson, H. G. Patterson , H. H. Patterson, D. H. Strickler, Luther J. Lam, E. E. Davis, A . c. James, Carrie E. Davis, Rebe c ca s. Bear, Cora Davis, H. H. Jenkins , Pauline Same tt Tuesday, Sept.l,1931 . Same II " " " II tt "tt ti II " II " " " II ff II ti ti " " Wednesday , September 2nd , l931. Same Thursday, Sept. 3rd,193~. Same " ti II fl II " ti ti " " " ti fl II Friday, Sept . 4th,1931. Same 'ff " " II II tt ti II " " " " tt II II ti " It " ff " " " " �CLAIMANT. Turner, Reba F. Fultz, Dorthina E. i,:aiden, Julia Davis, H. J. Davis, Verone Heard, J. T. Herring, Edward Harnsberger, Chas. G. Hensley, John A. Hensley, L. ·.-:. Lewin, J. H. Harnsberger, J. O. Upp, Sarah L. PLACE OF :iIEAR.ING O1':f'i ce o :f Board of' Appraisal Commissioners, Elkton, Virginia. Same " " " II tt " fl " " " 2 TIME OF HE.iU"'iING. Friday, Sept.4th,l93lo Same It " " " II It " ti " " ti , .A.ND SAID Board o:f Appraisal Commissioners with the consent of any claimant and with like consent of petitioner may substitute such other I time and place for a hearing and i'or the taking o:f evidence as may be agreed LAW OFFICES WEAVER &ARMSTRONG FRONT ROYAL , VA . I � 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: Miscellaneous Documents Description An account of the resource <span>Series II consists of 1,198 "miscellaneous records" related to the condemnation of land in the Blue Ridge Mountains and the court case. The types of records one will find hear vast, but you can expect to encounter </span>correspondences, newspaper clippings, and legal documents that do not necessarily belong to any individual condemnation case but provides additional context.<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. Subject The topic of the resource Shenandoah National Park (Va.)--History Rockingham County (Va.)--History Rockingham County (Va.)--Genealogy Skyline Drive (Va.)--History Condemnation of land Mountain people --Blue Ridge Mountains-- Social life and customs 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 1930-1939 Identifier An unambiguous reference to the resource within a given context Snp002 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/1">Rockingham County SNP Records: Court Proceedings</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 MISC - Mar. 28, 1930 - Nov. 20, 1931 Identifier An unambiguous reference to the resource within a given context judge-bertrams-order-to-set-hearing-dates-and-places.pdf Title A name given to the resource Judge Bertrams Order to Set Hearing Dates and Places Publisher An entity responsible for making the resource available Rockingham County Circuit Courthouse 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.(<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 https://omeka.lib.jmu.edu/erp/files/original/29adb0796da9be35f9d1e91b26690d89.pdf 23394fb818616c5d5a2f98451bb02d3c PDF Text Text VIRGINIA! IK THE CIRCUIT COURT OF RAPPAHANNOCK COUNTY State Commission on Conservation and Development of the State of Virginia Petitioner. The . V - - - - - - - ----- AT LAW NO; 149 - Clifton Aylor and others and Thirty Seven Thousand Four hundred { 37,400 ) Acres of land, More or Less, Defendants, - This day come the State Commission on Conservation and. Development of the State of Virginia, the above named Petitioner, hy counsel, and exhibited the record of tho above styled proceed ing, and announced its purpose and intention to move and pray tho Court on the 13th day of Novonber, 1933, to enter Judgment in rem, in substantially the form, words and figures shown in a pro posed draft thereof hereinafter set forth at length, condemning to tho use of the Petitioner each of the several tracts of land within the area described in the petition which aro severally des igns tod in the table included in said proposed draft of said judgment by the respective numbers thereof os shown, designated and delineated on the County Ownership Map filed with the report of the Board of Appraisal Commissioners appointed herein ? and each of the several tracts of lend within tho area described in the petition, designated and delineated on tho said Map, ns to which findings of the facta of value and amount of incidental damages which will arise from the proposed condemnation thereof have been ascertained and determined hy the said Board of Apprais al Commissioners and sot forth in their said report, to which findings exceptions or notions to disapprove or to decline to accept such findings have heretofore boon entered of record, if it shall affirmatively appear of record that such exceptions or motions to disapprove or to decline to accept such findings 3hall have been withdrawn prior to the time of entry of said judgment; also to move for such other and further relief as Petitioner may be advised, including orders for the dismissal of this proceeding in respect of any or all the various tracts of land shown and delineated on said Jfap which Petitioner may decide not to acquire as authorized under Section £2 of the Public Perk Condemnation Act ; end thereupon Petitioner moved the entry of an order setting this proceeding for hearing on said date, and directing any and all the parties of record in this JT ocooding, if they desire to ap pose the entry of said judgment in rem, to show cause, if any such cause there be, in writing filed with tho record of this pro ceeding not later than five days prior to the said date, why the said judgment in ram should not bo entered on the motion and prayer of the Petitioner, - - " , - ' - - It appearing from the said record that the respective values of the foe simple estate in each and all of the said tracts of land as to which Petitioner purposes to pray for judgment In rem, and fhe respective amounts of incidental damages which will result from the proposed condemnation thereof have been determin ed, ascertained and sot forth In the reoort filed by the Beard of Appraisal Commissioners heretofore appointed in this proceed ing; and it appearing from the report of the said Board of Appraisal Commissioners and of the Special Investigators hereto fore appointed in this proceeding that guardians ad litem have - �-2been appointed and have appeared in this proceeding on behalf of all infants, insane persons, and persons under other legal disabilities who, after diligent search, were found and reported by said Special Investigators or otherwise shown to have any real claim of right, title, estate or interest in or to any of the lands described in the petition filed herein; and upon the motion of the Petitioner, by counsel, it is ordered that this proceeding be set for hearing on the said day and dote, at 10:00 A M and that any or all of the parties of record in this proceeding, who purpose or desire to op pose the entry of the said judgment in rem, show cause, if any such cause there be, in writing filed with the record of this proceeding not later than five days prior to the said date, why the said judgment in rem should not be entered on the motion and prayer of the Petitioner .. - ' . It is further ordered that the petitioner shall forthwith mail or cause to be mailed a cony of this order to all parties of record in the proceeding whose cost office addresses have been filed with the record , as provided in Section 7 of the Public Park Condemnation Act, to their several post office addresses thus filed with the record; and to the guardians ad litem, appointed herein for all infants, insane persons, or persons under other legal disa bility who appear to have any claim of right, title, estate, or interest in or to any of the lands described in the petition or to the proceeds arising out of the condemnation thereof or to incidental damages arising from such condemnation, as set forth in the re port filed by the Special Investigators and tho Board of Appraisal Commissioners appointed herein, to the pose office addresses of said guardians ad litem as shown by the record or otherwise known to the Petitioner !; and further to the attorneys of record represent ing any of tho said parties of record in these proceedings or any of the said guardians ad '.item, or any of said infants, insane persons, or persons under other legal disability, to their respec tive addresses os shown in the record or otherwise known to the Petitioner; and the Petitioner is further ordered to file with the record of this proceeding, a verified statement in writing showing the moiling of such copies of this order, to whom moiled and the date of said mailing, - - ‘ . The following is the proposed draft cf the judgment In rem which the Petitioner purposes and intends to move and pray the Court to enter os aforesaid: ’’This day came the State Commission on Conservation and Development of the State of Virginia, the above named Petitioner, by counsel, and exhibited to the Court the record of the above styled proceeding, and snowed to the Court : "( 1 ) That this proceeding has been conducted under the provisions of the Public Park Condemnation Act ( Acts of the General Assembly of Virginia of 1928, page 1036: Code of 1930, Section 4388, et . seq,) "( 2 ) That there was incorporated in the notice for publication herein, provided in Section 9 of the said Public Park Condemnation Act, the notice and warning touching incidental �~ . 3 damages set out In Section No 20 of said Act ; - - ”(3) That this proceeding was had upon newspaper pub lication of notice, warning 'all persons whomsoever ’ as provided in Section No 12 of said A ct ; . "(4 ) That the report of the. Special Investigators and the Board of Appraisal Commissioners heretofore appointed in this proceeding, filed herein discloses a final and conclusive ascer tainment and determination of the value of the foe simple estate in each of the numbered tracts of land shown In the table herein** after set out and for which judgment of award condemning the same to the use of the Petitioner Is moved and prayed by Petitioner; and of the amount of incidental damages which will result from the condemnation of each of the said tracts for the use of Pe titioner, on account of which any person who has appeared and Is entitled to bo heard, has submitted claims, or on account of which it appears from the said report of Special Investigators and the Board of Appraisal Commissioners, filed as aforesaid, any infant, insane person, or person under legal disability, or any person not entitled to be heard at the hearing provided In Section No 12 of said Act, has a real and well founded claim, or on account of which it has been made to appear that any in fant, Insane person or person under other logoi disability has any real and well founded claim; - - . - "(5) That the record discloses an ascertainment and determination of a a id Board of Appraisal Commissioners, as shown by the said report filed as aforesaid, of rhe fact or facts of value of all, or substantially all, claims of'right, title, es tate, or interest by such owners or claimants, in or to each of the said respective tracts, and amount of any real claim which any of such persons, or any other person, or persons, who hove appeared and are entitled to be heard, may have in the proceeds of each of said respective tracts; - "(6) That a longer since the ’ day certain' fixed herein on or before which all appear and answer or plead as period than six months has elapsed by the order of the Court entered interested persons were warned to provided in Section No 9 of said . Act ; "(7) That 0 longer period than sixty days has elapsed since said report of Special Investigators and Board of Apprai sal Commissioners was filed in the Clerk’s Office of this Court; - ”(8) That neither Petitioner, nor any other person has filed, or presented dny motion praying this Court or the Judge thereof to decline to accept or to disapprove any of the find ings of facts of value and Incidental damages so ascertained and determined by said Board of Appraisal Commissioners as shown by their said report with reference to any of said tracts; or if any such motion or exception has been filed ov presented with respect to said tracts or any of them, sufi .. n or exception has been withdrawn in writing filed with the record of this pro ceedings - - ' - "(9) That each of said tracts is located wholly within �''w -4 the boundary linos of the lands sought to be condemned and set forth and described in the petition filed herein, and is separate ly shown, delineated and designated by number on the County Ow nership Map, and described in the above mentioned report of the Special Investigators and Board of Appraisal Commissioners, with which said County Ownership Mop was filed and of which it forms a port; - - ” ( 10 ) That diligent inquiry and search was made by the Special Investigators appointed herein as to the existence of any land, or parcels or tracts of land, or right or title or in terest or estate therein, within the boundary line set forth in the petition, or of any real claim in or to the proceeds of any such land, or right, or title, or estate, or interest in the event of its condemnation, owned by any infant, insane person, or person under other legal disability, or any property or properties owned by such person or persons which will be damaged by the taking of land within the boundary line set forth in the petition, beyond the peculiar benefits that will accrue to such property or properties of such persons from the acquisition of the land, or estate, or interest therein, sought to be condemned and the use of the same for a public park or for public park purposes; and the names of all sucn persons found by the said Special Investi gators or otherwise known to the Board of Appr * ‘.sal Commissioners, were reported in the said report of the Special Investigators and the Board of Appraisal Commissioners appointed herein; and guardians ad litem were appointed in this proceeding for each and all of such persons; - ' ' - "(11 ) That Petitioner, In compliance with the order setting this proceeding for hearing on its motion and prayer for a judgment in rcm condemning the hereinafter mentioned tracts of land to its use, and forthwith upon the entry of said order, mailed a copy thereof to all parties of record in this proceed ing whose post office addresses have been filed with the record, as provided in Section 7 of the Public Park Condemnation Act, to their several post office addresses thus filed with the record; and to the guardians ad litem appointed herein for all infants, Insane persons, and persons under other legal disability, who appear to have any claim of right, title, estate, or interest in or to any of the lands described In the petition, or to the proceeds arising out of the condemnation thereof or to incidental damages arising from such condemnation, as set forth in the said report .filed by the Special Investigators and the Board of Appraisal Commissioners appointed herein after diligent search made for such persons as set out in said renort, to the post office addresses of said guardians ad litem as shown by the record or otherwise known to the Petitioner ; and further to the attor neys of record representing any of the said parties of record in these proceedings or any of said guardians ad litem or any of said infants, insane persons or person under other legal disability, to their respective addresses as shown in the record or otherwise known to the Petitioner; and thereafter Petitioner filed with the record o verified statement in writing showing ulie moiling of such copies of said order, to whom mailed and the date of moiling, - "(12 ) That all the provisions and requirements of said Public Park Condemnation Act, and specifically the provisions of �—5SeCtion .11 and. Section 38 thereof, have been complied with and the facts shown and disclosed by the record entitle the Petition er to the judgment in rem condemning each of the said tracts to the use of Petitioner as moved and prayed by Petitioners - "it is, accordingly, adjudged and ordered, upon the motion and prayer of the Petitioner, by counsel, that the fee simple estate in each of the several tracts described in the re port of the Special Investigators and Board of Appraisal Commissioners filed with the record of this proceeding and numbered, shown and delineated on the County Ownership Map filed with and made a part of said report, the County Ownership Mop number of which is sot .forth in the following table, is hereby condemned to the use of the Petitioner upon the Petitioner paying into the custody of this Court, for the use. and benefit of the person or persons entitled thereto, the sum ascertained and determined as the value of the fee simple estate in said tract together with the amount of mac incidental damages resulting from the condemna tion thereof ascertained and determined by said Board of Appraisal Commissioners, which sum and amount of incidental damages are as shown and aepacately sot out in the following table, which table constitutes an integral part of this judgment, and are here expressly stated ns constituting the award for each of the sold tracts herein contained, and upon the payment r o the custody of this Court by Petitioner of the amount thus at n d os constitute ing the award for any such tract the fee simple estate therein shall vest in the Petitioner as provided in Sections 13 and 38 of said Public Park Condemnation Act * - - ’’But nothing heroin contained shall be construed as re quiring ox' obligating Petitioner to pay the said awards or any of them into the custody of '- he Court or to acquire all or any of said tracts, and Petitioner may at its election acquire any one or more of said tracts by rayment into the custody * of tho Court of the amount stated herein as the award therefore - "The following table sets forth in columns under appro priate explanatory headings:- First, under the heading 'Tract No,', the numbers of tho several tracts designated by number and shown and delineated on the above mentioned County Ownership Map and described in the said report of the Special Investigators and the Board of Appraisal Commissioners filed with the record of this pro ceeding, each of which is condemned herein to the use of tho Pe titioner; Second, under the heading Value', tho value of the fee simple .estate in each of the said tracts as ascertained and deter mined by the said Board of Appraisal Commissioners; Third, under the heading ’Incidental Damages , the amount of the incidental damages ascertained and determined by said Board of Appraisal Com missioner’s which will result from condemnation hereunder of the numbered tract in tho corresponding column of the table ; Fourth, under the heading ’ Aggregate ’, the aggregate of the value and of the amount of incidental damages ascertained and determined by the said Board of Appraisal Commissioners wi ’oference to the numbered tract in the corresponding column of tha.ca: . lev which aggregate amount as shown in the table is stated and set' out herein as consti tuting the award for the said tract upon its condemnation to tho use of tho Petitioner, ' - ’ - , , , �-6( A ) The foregoing notwithstanding, it is further adjudged and ordered that the fee simple estate which may or shall be acquir ed by the Petitioner, horeunder, in any or all of the said tracts of land is and shall be subject nevertheless to such easement of passage and right of way therein or thereover as hove heretofore been acquired or ore now claimed by the United States of America, which easement and right of way is described in said report of the Board of Appraisal Commissioners, in Exception 1 of the body of said report as on easement of passage and right of way on or over a strip of land one hundred feet wide running through the tracts mentioned in said Exception 1 of said report, the value of which easement of passage and right of way was not ascertained or determined by the said Board of Appraisal Commissioners: and it further appearing from the said report that the said United States of America owns or claims the fee simple estate in said strip of land and that the value of the said fee simple estate in the said strip of land owned or claimed by the United States subject to said easement of passage and right of way thereon or thereover, has been ascertained and determined by the said Board to be one dollar, U S currency, the fee simple estate in said strip of land is hereby condemned to the use of the Petitioner subject to said easement of passage and right of way, upon the payment of the said amount of one dollar into the custody of the Court for the use and benefit of the person or persons entitled thereto, which said amount is hereby stated and set out as constituting the award for the fee simple estate in said strip of land subject to the said easement of passage and right of way - .. . ( B ) The foregoing notwithstanding, it is further adjudged and ordered that the fee simple estate which may or shall be acquir ed hereunder by the Petitioner in any or all of said tracts of land, is subject nevertheless to such rights of way and easements in, on or over such tracts or any of them for the erection, mainte nance, repair, replacement and operation of poles and wires or other appliances or means for the transmission of electricity os have heretofore been acquired therein by the South East Public Ser vice Corporation, to which reference is mode in Exception 2 in body of said Report of the Board of Appraisal Commissioners; and by the Page Power Company of Virginia Incorporated, to which reference is mode in Exception 3 in the body of said Report - . ( C ) The foregoing notwithstanding, this judgment in rem condemning tracts numbered 110-1 ; 111; 111-1; 111-11 ; 112 ; and 112-1; os shown on the said bounty Ownership Map and mentioned by number in the following - table shall not be construed to have the effect end will not hove the effect of condemning to the use of the Petitioner so much of said tracts shown and delineated on said County Ownership Mop, os lies or is located North and East of the hereinafter described line: and the respective amounts set forth in said table as constituting the awards for said tracts numberes 110-1; 111; 111 1; 111-11; 112; and 112-1; shall be construed to constitute and shall constitute the respective awards for so much of said tracts respectively os do not lie or ore not located North o f said line, the Petitioner having expressly undertaken and East ' by way of compromise of a question raised os to the accuracy of the Northern and Eastern boundary lines of said tracts os shown on said mops, to seek no judgment condemning so much thereof os lies immediately North and East of said line, described as follows:- - �-7 Beginning at Station a - a butterwood on the north side of Greasy Run, corner to Jacob Dwyer and D H and D B Hershberger ; thence up the north side of said Run with said Hershbergers S 42 W , 6.50 Chains ( True ), To Station b on ash on the north side of said Run; thence crossing Run at one chain, some course continued in 12.70 Chains, To Station c - a planted stone at the all S 74 E, angle of a fence, thence S 16 W - 3.95 Chains, To Station d - a south gate post ; thence II 85 - W 0.90 Chains, To Station e- a stoke at the end of a fence on the south side of a rood; thence S 15 | - - W - 4.80 Chains, To Station f~ on iron pin, 2 feet S 15-g W from a marked locust, corner to Grove and Spitlor's Tract #111; thence with same N 66 E - 42,00 Chains, To Station g- passing or crossing at 15 Chains a form road, a stake ; thence II 81§ E 13.00 .. - ^ . . - ^ - ^ - - Chains, To Station h a large white oak tree, which is corner to Trank Compton's Tract shown os tract #112 on the County Ownership Mop filed with the report of the Board of Appraisal Commissioners appointed in the Shenandoah National Park Condemnation proceedings in Rappahannock County . �I I . TRACT NO 4 5 6 7 8 9 10 VALUE | 759.00 420.00 552.00 596.75 2349.00 4703.00 722.50 11 11 1 12 - 19 20 20 a - 21 22 25 28 29 31 32 33 33 34 42 43 44 45 46 47 48 49 50 51 52 52 53 53 55 56 58 58 59 59 59 - a - 1 - b 1472.00 600 ,00 4425.00 1418.00 658.00 6385.00 1193.00 310.00 330.00 908.00 127.00 325.00 1101.00 11392.75 34.00 6988.00 15.00 750.00 2252.00 57.00 80.00 125.00 1318.00 772.00 1757.00 1708.50 2383,00 - 1 --- a 1 11 a 1 -- 59 11 59 III 59 V 60 65 67 68 68 1 69 72 72 1 - - 8.00 2227.00 1939.00 28.00 2182.00 279.00 316.00 5683.50 1082.00 607.00 832.00 284.50 67.00 496 ,00 1013.00 560.00 4235.00 872.50 12994.00 1028.00 200.00 INCIDENTAL DAMAGES None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None N one ' AGGREGATE 1759.00 420.00 552.00 596.75 2349.00 4703.00 722.50 1472.00 600.00 4425.00 1418.00 658.00 6385.00 1193.00 310.00 330.00 908.00 127.00 325.00 1101.00 11392 ,75 34.00 6988.00 15.00 750.00 2252.00 57.00 80.00 125.00 1318.00 772.00 1757.00 1708.50 2383.00 8.00 2227.00 1939.00 28.00 2182.00 279.00 None 316.00 None None None 5688.50 1082.00 607.00 None 832 ,00 None None None None None 284.50 67.00 496.00 1013.00 560.00 4235.00 872.50 12994.00 1028.00 None None None None None 200.00 �-2 TRACT NO 72 11 73 73 a 73 b 77 78 b 100 101 101 a 101 b -- -- 102 103 - 103 1 104 104 iI 104 11 105 107 1 107 11 108 a 108 a I 108 1 108 11 109 1 110 1 110 11 - --- -- 111 111 111 112 112 112 114 114 -111 - -- a 1 a - b 115 115 1 119 120 120 a - - 121 122 - . 122 123 124 125 131 132 133 134 135 136 137 138 138 138 a ' . VALUE $140.00 484.00 1745.00 10.00 69.75 75.00 1608.00 373.00 295.00 1297.00 13003.00 962.50 180.00 1024.00 15.00 3951.00 800.00 1580.00 215.00 72.00 12.00 35.00 913.75 5409.40 5366.35 £55.60 5642.00 697.60 4253.08 428 , 00 642.00 124 , 00 774.00 393.00 844.00 150 , 00 1166.00 532.00 1897.00 121.50 447.50 95.25 1597 , 00 1536.00 4129.33 528.50 340.82 1113.50 1592.00 557.50 203, 00 1649.50 -- a b 1503, 00 755 , 00 2417 , 00 INCIDENTAL DAMAGES None None None None None None None None None None None None None None None None None None None N one None None None None N one None None None None None None None None None None None None None N one None None None None None None None None N one None $75 ,00 None None None None None AGGREGATE $140.00 484.00 1745.00 10.00 . 69.75 75.00 1608.00 373.00 295.00 1297.00 13003.00 962.50 180.00 1024.00 15.00 3951.00 800 , 00 1580.00 215.00 72.00 12.00 35.00 913,75 5409.40 5366.35 255.60 5642 , 00 697 ,6 0 4253.08 428 , 00 642 , 00 124 , 00 774 , 00 393, 00 844 , 00 150 ,00 1166 ,00 532.00 , 1897 00 121.50 447.50 95 , 25 1597.00 1535.00 4129.33 528.50 340 ,82 1113.50 1592.00 632.50 -203, 00 ., 1649.50 1503- 00 755 00 2417.00 �-3TRACT NO 139 141 141 a 143 143 1 144 145 146 147 149 150 153 154 155 15-5 a 156 157 158 158 a 159 160 161 161 a 162 16 2 a 163 165 166 168 169 a 170 - - - -- 171 172 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189, 190 191 192 193 194 . VALUE $1879.50 4934.66 50.00 5332.74 27.00 718.41 1058.00 1235.00 1421.09 358.50 800.00 10488.80 2055.60 1100.00 50.00 500.00 777.00 192.50 - 43.00 1 601.52 896.05 5917.78 2488.00 5442.75 50.00 1841.00 600.00 825.00 1574.50 25.00 1738.25 1094.00 269.50 420.00 1592.00 160.00 361.00 116.50 572.00 345.00 131.00 222.50 715.00 1405.00 234.00 514.00 105.00 102.50 675.00 875.00 1087.00 339.50 959.50 251.00 INCIDENTAL DAMAGES None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None None $100.00 None None None None None $132.00 None None None None None None None None AGGREGATE $1879.50 4934.66 50.00 5332.74 27.00 718.41 1058.00 1235.00 1421.09 358.50 800.00 10488.80 2055.00 1100.00 50.00 500.00 777.00 192.50 143,00 601.52 896.05 5917.78 2488.00 5442.75 50.00 1841.00 600.00 825.00 1574.50 25.00 1738.25 1094 ,00 269.50 420 * 00 1592 , 00 160 , 00 361.00 116.50 572.00 445.00 131.00 222.50 715.00 1405.00 234.00 646.00 105.00 102.50 675.00 875.00 1087.00 339.50 959.50 251.00 �— •4 . TRACT NO 197 198 199 199 1 199 11 199 III 200 201 201 a 202 202 a 203 VALUE $1645.50 INCIDENTAL DAMAGES None None None None None - 1631.20 3060.25 213.00 90.00 376.00 None None — 250.00 458.00 170.50 722.00 - - 204 - 204 a 205 206 207 208 211 212 245 246 251 253 256 257 258 259 260 261 266 267 267 a 269 270 - None None N one N one None None None None 370.00 532.00 458.00 647.50 700.00 4617.50 272.50 467.00 138.75 54.75 3880,75 120.00 420.00 275.00 260.00 90.00 150.00 635.00 150,00 300.00 168.50 80.00 19.00 150.00 10.00 None None None None None None None None None None None None None None None None None $45.00 Nono None AGGREGATE $1645.50 1631.20 3060.25 213.00 90.00 876.00 250.00 458.00 170.50 722.00 370.00 532.00 458.00 647.50 700.00 4617.50 272.50 467.00 138.75 54.75 3880.75 120.00 420.00 275.00 260.00 90.00 150.00 635.00 150.00 300.00 168.50 80.00 64.00 150.00 10.00 See Exception numbered One in the body of the report filed by the Board of Appraisal Commissioners with reference to the above set out values of tracts numbered 162, 166, 168, 199, and 199 III• - The Clerk of the Circuit Court of Rappahannock County, Virginia is ordered to enter this order as a vacation ord <=r . . Given under my hand in vacation this the 7th day of October, 1933 Judge of the^Circuit Court of Rappahannock County, Va. VIRGINIA: Clerk's Office of Rappahannock Circuit Court, Oct. 10, 1933. The foregoing vacation order was this day received in ths said office and entered as directed. Teste: ,Clerk . ��1/ * / VIRGINIA: IN THE CIRCUIT COURT OF RAPPAHANNOCK COUNTY. The State Commission on Conservation and Development of Petitioner. the State of Virginia AT LAW NO. 149 V. - Clifton Aylor and others and Thirty Seven Thousand Four Defendants Hundred (37,400) Acres of land, More or Less, - . \ This day came the State Commission on Conservation and Development of the State of Virginia, the above named Petitioner, by counsel, and exhibited the record of the above styled proceed ing, anck announced its purpose and intention to move and pray the Court on\he 3 day of February, 1934, to enter Judgment in rem, in substantially the form, words and figures shown in a pro posed draft\hereof hereinafter set forth at length, (but with such modifications as to the amounts of "value " and " incidental damages" shown \n the table included in said draft as may have e date of entry of said judgment, under auth been ordered at ority of Section 3§ of the Public Park Condemnation Act) condemn Petitioner each of the several tracts of ing to the use of t land within the area Me scribed in the petition which are several ly designated in the ttble included in said proposed draft of said judgment by the respective numbers thereof as shown, desig nated and delineated on tWs County Ownership Map filed with the report of the Board of Appraisal Commissioners appointed herein; and also to move for such otKer and further relief as Petitioner may be advised, including orders for the dismissal of this pro \ the various tracts of land shown ceeding in respect of any or a] and delineated on said Map which >Petitioner may decide not to ac of the Public Park Condemna quire as authorized under Section tion Act ; and thereupon Petitioner ved the entry of an order setting this proceeding for hearing oX said date, and directing any and all the parties of record in tlSis proceeding, if they de sire to oppose the entry of said judgment in rem, to show cause, if any such cause there be, in writing fiJSed with the record of this proceeding not later than five days pit or to the said date, why the said judgment in rem should not be entered on the motion and prayer of the Petitioner \ - - - - - - -- - . ^ It appearing from the said record that t%e respective the fee simple estate in each and all ofNthe said tracts of value s of land as to which Petitioner purposes to pray for judgment in rem, and the respective amounts of incidental damages hich will result from the proposed condemnation thereof have been\detemin ed, ascertained and set forth in the report filed by the oard of Appraisal Commissioners heretofore appointed in this preced ing ; and it appearing from the iqport of the said Board of Ap^ praisal Commissioners and of the Special Investigators hereto fore appointed in this proceeding that guardians ad litem have\ ' N ^ ^ ^- - �-2 l een appointed and have appeared in this proceeding on behalf of all infants, insane persons, and persons under other legal disabilities whoV after diligent search, were found and reported by said Special Investigators or otherwise shown to have any real claim of right, title /\estate or interest in or to any of the lands described in the petition filed herein; and upon the motion of the Petitioner, by counsel, \t is ordered that this proceeding be set for hearing on the said d and date, at 11:00 A. M and that any or all of the parties of cord in this proceeding, who purpose or desire to op pose the entr\ of the said judgment in rem, show cause, if any such cause there bepyin writing filed with the record of this proceeding not later than ve days prior to the said date, why the said judg ment in rem shoul\not be entered on the motion and prayer of the ^ . - - . Petitioner It is further ordered that the Petitioner shall forthwith mail or cause to be maNed a copy of this order to all parties of record in the proceedingNwho have or appear to have any claim of right, title, estate or interest in or to any of said tracts of land, as set forth in said reporu iled by the Special Investigators and the Board of Appraisal Commieeioners appointed herein, or who have excepted to the findings in ssn l report with relation to said tracts of land, whose post office addresses have been filed with the record, as provided in Section 7 of the blic Park Condemnation Act, to their several post office addresseSk thus filed with the record; and to the guardians ad litem, appointo for all infants, insane persons, or persons under other legar isability who have or appear to have any claim of right, title, estate, or interest in or to any of the said tracts of lands or to the proceeds arising out of the condemnation thereof or to incidental damages arising from such condemnation, as set forth In the report fileckby the Special Investigators and the Board of Appraisal CoramissionSu s appointed herein, to the post office addresses of said guardiangvad litem as shown by the record or otherwise known to the PetitionerV and further to the attorneys of record representing any of the parties of record in these proceedings or any of the said guardians adNntem, or any of said infants, insane persons, or persons under othelv legal dis ability, to their respective addresses as shown in tfite record or otherwise known to the Petitioner; and the Petitioners further ordered to file with the record of this proceeding, a verified statement in writing showing the mailing of such copies this order, to whom mailed and the date of said mailing ^ ^ ^ coherein ^ 1 - . ^ ^^ The following is the proposed draft of the judgmon in rem which the Petitioner purposes and intends to move and pra the Court to enter as aforesaid: X / LL llThio ctoy came the State Commission on Conservation and Development of the State of Virginia, the above named Petitioner, by counsel, and exhibited to the Court the record of the above styled proceeding, and showed to the Court : "( 1 ) That this proceeding has been conducted under the provisions of the Public Park Condemnation Act ( Acts of the General Assembly of Virginia of 1928, page 1036: Code of 1930, Section - . 4388, et seq ) "(2 ) That there was incorporated in the notice for publication herein, provided in Section 9 of the said Public Park Condemnation Act, the notice and warning touching incidental �damages set out in Section No * 320 of said Act ; - "(3) That this proceeding was had upon newspaper publi cation of notice, warning 'all persons whomsoever' as provided in Section No 12 of said Act; . "(4) That the report of the Special Investigators and the Board of Appraisal Commissioners heretofore appointed in this proceeding , filed herein discloses a final and conclusive ascer tainment and determination of the value of the fee simple estate in each of the numbered tracts of land shown in the table herein after set out and for which judgment of award condemning the same to the use of the Petitioner is moved and prayed by Petitioner; and of the amount of incidental damages which will result from the condemnation of each of the said tracts for the use of Peti tioner, on account of which any person who has appeared and is entitled to be heard, has submitted claims, or on account of which it appears from the said report of Special Investigators and the Board of Appraisal Commissioners, filed as aforesaid, any infant, insane person, or person under legal disability, or any person not entitled to be heard at the hearing provided in Section No 12 of said Act, has a real and well founded claim, or on account of which it has been made to appear that any infant, insane per son or person under other legal disability has any real and well founded claim; "(5) That the record discloses an ascertainment and determination of said Board of Appraisal Commissioners, as shown by the said report filed as aforesaid, of the fact or facts of value of all, or substantially all,claims of right, title, estate, or interest by such owners or claimants, in or to each of the said respective tracts, and amount of any real claim which any of such persons, or any other person, or persons, who have appeared and are entitled to be heard, may have in the proceeds of each of said respective tracts; ”(6) That a longer period than six months has elapsed since the 'day certain' fixed by the order of the Court entered herein on or before which all interested persons wore warned to appear and answer or plead as provided in Section No 9 of said Act; - - - • . - . "(7) That a longer period than sixty days has elapsed since said report of Special Investigators and Board of Appraisal Commissioners was filed in the Clerk's Offico of this Court ; "(8) That neither Petitioner, nor any other person has filed, or presented any motion praying this Court or the Judge there of to deoline to accept or to disapprove any of the findings of facts of value and incidental damages so ascertained and determin ed by said Board of Appraisal Commissioners as shov/n by their said report with reference to any of said tracts; or if any such motion or exception has been filed or presented with respect to said tracts or any of them, such motion or exception has been unconditionally overruled or dismissed, or withdrawn, or has been overruled, or dis missed, or withdrawn in so far as such motion or exception relates to the findings of value and incidental damages set forth in said report after amendment of such findings by consent of the Petition er and the exceptant or movant, under the provisions of Section 36 of the Public Park Condemnation Act ' - - . "(9) That each of said tracts is located wholly within - - �0 -- 4 the boundary lines of the lands sought to be condemned and set forth and described in the petition filed herein, and is separate ly shown, delineated and designated by number on the County Owner ship Map, and described in the above mentioned report of the Spe cial Investigators and Board of Appraisal Commissioners, with which said County Ownership Map was filed and of which it forms a part ; -- n(10) That diligent inquiry and search was made by the Special Investigators appointed herein as to the existence of any land, or parcels or tracts of land, or right or title or interest or estate therein, within the boundary line set forth in the pe tition, or of any real claim in or to the proceeds of any such land, or right, or title , or estate , or interest in the event of its condemnation, owned by any infant, insane person, or person under other legal disability, or any property or properties owned by such person or persons which will be damaged by the taking of land within the boundary line set forth in the petition, beyond the peculiar benefits that will accrue to such property or prop erties of such persons from the acquisition of the land, or e s tate, or interest therein, sought to be condemned and the use of the same for a public park or for public park purposes; and the names of all such persons found by the said Special Investigators or otherwise known to the Board of Appraisal Commissioners, were reported in the said report of the Special Investigators and the Board of Appraisal Commissioners appointed herein; and guardians ad litem were appointed in this proceeding for each and all of such persons; - -- - "(11) That Petitioner, in compliance with the order set ting this proceeding for hearing on its motion and prayer for a judgment in rem condemning the hereinafter mentioned tracts of land to its use, and forthwith upon the entry of said order, mail ed a copy thereof to all parties of record in this proceeding who appear to have any claim of right, title, estate or interest in or to any of the said numbered tracts of land, as set forth in said report filed by the Special Investigators, and the Board of Ap praisal Commissioners appointed herein, or who have excepted to tho findings in said report with relation to said tracts, whose post office addresses have been filed with tho record, as provid ed in Section 7 of the Public Park Condemnation Act, to their several post office addresses thus filed with the record; and to the guardians ad litem appointed herein for all infants, insane persons, and persons under other legal disability, who appear to have any claim of right, title, estate, or interest in or to any of the said tracts of .land, or to the proceeds arising out of the condemnation thereof or to incidental damages arising from such condemnation, as set forth in the said report filed by the Spec ial Investigators and the Board of Appraisal Commissioners appoint ed herein after diligent search made for such persons as set out in said report , to the post office addresses of said guardians ad litem as shown by the record or otherwise known to the Petitioner; and further to the attorneys of record representing any of the parties of record in these proceedings or any of said guardians ad litem or any of said infants, insane persons or person under other legal disability, to their respective addresses as shown in the record or otherwise known to the Petitioner; and thereafter Petitioner filed with the record a verified statement in writing showing the mailing of such copies of said order, to whom mailed and the date of mailing - - - ^ ^ , / f 3¥, - ^CaZii "7 * �-5 "(12) That all the provisions and requirements of said Public Park Condemnation Act, and specifically the provisions of Section 11 and Section 38 thereof, have been complied with and the facts shown and disclosed by the record entitle the Petitioner to the judgment in rem condemning each of the said tracts to the use of Petitioner as moved and prayed by Petitioner . - "it is, accordingly, adjudged and ordered, upon the mo tion and prayer of the Petitioner, by counsel, that the fee simple estate in each of the several tracts described in the report of the Special Investigators and Board of Appraisal Commissioners filed with the record of this proceeding and numbered, shown and delineat ed on the County Ownership Map filed with and made a part of said report, the County Ownership Map number of which is set forth in the following table, is hereby condemned to the use of the Petition er upon the Petitioner paying into the custody of this Court, for the use and benefit of the person or persons entitled thereto, the sum ascertained and determined, and shown and disclosed in the report of the Special Investigators and the Board of Appraisal Commission ers appointed herein as filed herein, or as modified under the pro visions of Section 36 of the Public Park Condemnation Act, to be the value of the fee simple estate in said tract together with the amount of the incidental damages resulting from the condemnation thereof ascertained and determined by said Board of Appraisal Com missioners, which sum and amount of incidental damages are as shown and separately set out in tho following table, which table consti tutes an integral part of this judgment, and are here expressly stated as constituting the award for each of the said tracts here in contained, and upon the payment into the custody of this Court by Petitioner of the amount thus stated as constituting the award for any such tract the fee simple estate therein shall vest in the Petitioner as provided in Sections 13 and 38 of said Public Park Condemnation Act - - - - - - . - "But nothing herein contained shall be construed as re quiring or obligating Petitioner to pay the said awards or any of them into the custody of the Court or to acquire all or any of said tracts, and Petitioner may at its election acquire any one or more of said tracts by payment into tho custody of the Court of the amount stated herein as the award therefor , . - "The following table sets forth in columns under appro priate explanatory headings: First, under the heading 'Tract N0,’, the numbers of the several tracts designated by number and shown and delineated on the .above mentioned County Ownership Map and described in the said report of tho Special Investigators and the Board of Appraisal Commissioners filed with the record of this pro ceeding, each of which is condemned herein to the use of tho Pe titioner ; Second., under tho heading ’Value ’, the value of the fee simple estate in each of the said tracts as ascertained and deter mined by tho said Board of Appraisal Commissioners; Third, under the heading ’Incidental Damages', the amount of the incidental damages ascertained and determined by said Board of Appraisal Com missioners which will result from condemnation hereunder of the numbered tract in the corresponding column of the table ; Fourth, under the heading Aggregate', the aggregate of the value and of the amount of incidental damages ascertained and determined by the said Board of Appraisal Commissioners with reference to the numbered tract in the corresponding column of the table, which - - - - ’ �-6-- aggregate amount as shown in the table is stated and set out here in as constituting the award for the said tract upon its condemna tion to the use of the Petitioner. But in any instance wherein the original findings of said Board as to value or damages set forth in said report have been modified in arbitration proceedings, or by stipulation or otherwise, under authority of Section 36 of the Public Park Condemnation Act this table shows under the respect ive headings of " value" and incidcntal damages" and "aggregate" the original findings of said Board stricken out by a lino running through such findings and aggregate and the modified findings and aggregate have been inserted in the table in lieu of the original findings and aggregate thus stricken from the table - . (A) The foregoing notwithstanding, it is further adjudged and ordered that the fee simple estate which may or shall be acquir ed by the Petitioner, hereunder, in any or all of the said tracts of land is and shall be subject nevertheless to such easement of passage and right of way therein or thereover as have heretofore been acquired or are now claimed by the United States of America, which easement and right of way is described in said report of the Board of Appraisal Commissioners, in Exception 1 of the body of said report as an easement of passage and right of way on or over a strip of land one hundred feet wide running througrf'/fche tracts mentioned in said Exception 1 of said report, the value of which easement of passage and right of way was not ascertained or determined by the said Board of Appraisal Commissioners; and it further appearing from the said report that the said United States of America owns or claims the fee simple estate in said strip of land and that the value of the said fee simple estate in the said strip of land owned or claimed by the United States subject to said easement of passage and right of way thereon or thereover, has been ascertained and determined by the said Board to be one dollar, U. S. currency, the fee simple estate in said strip of land is hereby condemned to the use of the Petitioner subject to said easement of passage and right of way, upon the payment of the said amount of one dollar into the custody of the Court for the use and benefit of the person or persons entitled thereto, which said amount is hereby stated and set out as constituting the award for the fee simple estate in said strip of land subject to the said easement of passage and right of - . way (B) The foregoing notwithstanding, it is further adjudged and ordered that the fee simple estate which may or shall be acquir ed hereunder by the Petitioner in any or all of said tracts of land, is subject nevertheless to such rights of way and easements in, on or over such tracts or any of them for the erection, mainte nance, repair, replacement and operation of poles and wires or other appliances or means for the transmission of electricity as have heretofore been acquired therein by the South East Public Ser vice Corporation, to which reference is made in Exception 2 in body of “Said Report of the Board of Appraisal Commissioners; and by the Page Power Company of Virginia Incorporated, to which reference is made in Exception 3 in the body of said Report - - . �TRACT NO See footnote a24 If I? a 54 ?! It b 54 1 n n n 54 11 it n it t? It II ii n tt it -" 57 c 59 - IV a 70 1 b 711 103 " -a "106-1 "106 -11 142 n Tt it it n n n n U & it bl 42 a l 48 "151 "151 "152 "164 "164 b 164 it ii it it -a It II II II II II II 4 it it I! 0 ' -a -b 166 - n I! It b 167 It II II " 169 a 173 a . INCIDENTAL DAMAGES VALUE $ 5074 » 50 - 14 &76 'TOO 260.00 8.00 1186.50 8.00 1095 QO 1110.00 224.00 60.00 -. 2135.00 lOo & 'iOO l* 3 - , £ T 30 $5974 ~ <? None None None None None . / CLoo o o None None None . 14 260.00 8.00 1186.50 8.00 1095 - 00 1110.00 224.00 60.00 2135.00 u vJ • ©3 395.29 1502 -50 . None None JLOO 1/ 7 / None None 3 S 37. 77 None .o 3 7 </ o o ri TJT None 395.29 1502.50 ~& 16 &ee-; 00 Ag , " J / < T <f None 307 7 5 1510 00 / <fo , «> oNone 2995.00 •$ o V o o o None 1000.00 / vT © <9 , o oNone None 130.00 None 825.00' None 115.50 None 853.00 2107.54 JU» 0 *7 . 0 0 None . -. AGGREGATE a , 2. o o ^ . / CL O O f O r . ~ © o f ( 3 O <7 0 < o o oo / <T ° °. - . . Footnote a: Arbitration findings See order entered March £Ty 1954 Footnote b: Arbitration findings No change Footnote c: See Table II Report of the Board of Appraisal Commissioners . / 33 , . , ' S' 1310.00 2995.00 1000.00 150.00 825.00 115.50 853.00 2107 » 54 - o ^7 37. 77 . 16500.00 X o b S . oo & 74T. S S 307- 76 , S o. XO See Exception numbered. One in the body of the report filed by the Board of Appraisal Commissioners with reference to the above set out values of tracts numbered 151 a , 164 , 166 and 167 , O o . �* * I V. ' . s; 5 ’ K �* * I V. ' . s; 5 ’ K � 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: Miscellaneous Documents Description An account of the resource The second series in the Rappahannock County SNP Records collection consists of 28 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 miscellaneous records including correspondence, petitions, orders, proceedings from the law and order book and affidavits. An additional file of interest to researchers includes the Panorama File, which includes detailed information on the history of the Panorama Resort. 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 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 Judgment Description An account of the resource <p><strong>Tracts: </strong>All tracts</p> Source A related resource from which the described resource is derived Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource <a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant All tracts Identifier An unambiguous reference to the resource within a given context judgment-all-tracts https://omeka.lib.jmu.edu/erp/files/original/1443892dbde8225d2e90a1a538e91bde.pdf 5d2a0d63a6c9440a56b86591ac60f27b PDF Text Text RAPPAHANNOCK COUNTY NAME OF CLAIMANT - Kelly, Dr. J .T . # 59 798 Number of Acres: . Location: On the headwaters of Piney River and south of Hogback mountain Roads: The old Jamison road crosses this tract , but practically the only outlet i s down Piney River , a distance of approximately 8 miles . the Lee Highway Soil: to . Sandy clay loam with numerous rock outcrops History of Tract and condition of timber: _ ( SEE REVERSE SIDE FOR THIS INFORMATION ) Improvements: | 1- Story frame house , and one small frame stable . Acreage and value of types: _— Ridge: 10 Slope : 434 Cove: Value per acre Acreage Types Grazing Land : — . 354 Total Value @ $1.00 $10.00 @ 2.25 976.50 @ 13.00 Fields Restocking: 4602.00 $5568.50 Cultivated Land : Orchard : Minerals: Value of Land : $ 5588.50 Value of Improvements: $ 100.00 Value of Orchard : $ 100.00 $5688.50 Value of Minerals: $ Value of Fruit: $ Value of Timber: $ Value of Wood : $ Value per acre for tract: $ 7 # 12 Incidental damages arising from the taking of this tract: $ NONE CLERK �Continued from other side HISTORY OP TRACT AND CONDITION OP TIMBER: All of the tan hark and merchantable saw timber was removed about 30 years ago and much of the remaining timber was deadened about 20 years ago in an attempt to convert the tract into grazing land Only a compara tively small portion of the land so treated is now in sod Much of the tract is covered with briers and young locust sprouts Remaining stand of timber is of very poor quality and has no market value The owner has done very little in recent years to keep down the brush Practically the entire and briers which are crowding out the grass tract is enclosed with good wire fence . . . . . . - �Revised report County: Rappahannock District: Piedmont #59 - Dr. J. T. Kelly X Acreage Claimed: 1460 Assessed: Deed: Value Claimed: $23,000 Assessed: Deed: . Area: Location: 798 Acres On the headwaters of Piney River and south of Hogback Mountain . Incumbrances, counter claims or laps: All of the land claimed by Dr J T Kelly lies within the area embraced by the Overall Survey The area covered by this report is included in what was formerly known as share #4, and which was assigned in the division of that property to Mariah L Pitman It is generally understood that a former owner of this portion of the Kelly land was able to show a better title to the land in a suit in the Circuit Court of Rappahannock County The records pertaining to this suit are not complete, but there are a number of people living who remember when the suit was instituted There is no reoord of any other suit to clear up the title for the remaining portions of the overall Survey In nearly every Instant the other claimants to these lands have them under fence and much of the land is being grazed or cultivated Lap reports have been prepared for the remaining portions of the Kelly land which lies within shares #3, 5, 6 and 7, of the overall Survey ... . . . . . . . . . Soil: Sandy clay loam with numerous rook outcrops Roads: The old Jamison road crosses this tract, but practically the only outlet id down Piney River, a distance of approximately eight miles to the Lee Highway . History of tract and condition of timber: All of the tan bark and merchantable saw timber was removed about 30 years ago and much of the remaining timber was deadened about 20 years ago in an attempt to convert the tract into grazing land Only a comparatively small portion of the land so treated is now in sod Much of the tract is covered with briers and young locust sprouts Remaining stand of timber is of very poor quality and has no market value The owner has done very little in reoent years to keep down the brush and briers which are crowding out Practically the entire tract is enclosed the grass with good wire fences. . . . . . - Improvements consist of 1 - story frame house, and of 150,00B | one small frame stable with a total value Improvements: ^ �i \ t OFFICE OF COUNTY CLERK OF RAPPAHANNOCK COUNTY WASHINGTON , VIRGINIA H O N . J. R . H. A L E X A N D E R, J U D G E J A S . M S E T T L E, C L E R K E L I Z A B E T H H. D E B E R G H , D E P. C L E R K . April 13th, 1933 Judge J R H Alexander, Leesburg, Virginia . My dear Judges I am herewith enclosing letter this day received from William D Medley and Arthur B Cook, attorneys for Alfred B Isles, together with motion for extension of time and exceptions to report of Appraisal Com missioners for Shenandoah National Park . . . .- I am sending you these papers for such action as you may deem necessary . Sincerely yours, JMS/s �A S S O C I A T E S— GLENN WILLETT C H A S. K E R S H E N B A U M , C . P . A A R T H U R E. C O O K G E O. W A L T E R S M I T H HUGH M. FRAMPTON LAW OFFICES SUITE 327 , SOUTHERN BUILDING W A S H I N G T O N , D . C. WILLIAM D. MEDLEY METROPOLITAN 4042 April 12, 1933 . James M Settle, Clerk, Circuit Court of Rappahannock County, Washington, Virginia Dear Sir ; We are enclosing a Motion for Extension of Time in which to file exceptions to the Report of the Appraisal Commission ers in the matter of the claim of Alfred B * lies in the cause of the State Commission on Conservation and Development of the State of Virginia vs. Clifton Aylor and others , and thirty seven thousand four hundred (37,400) acres of land more or less. We are also enclosing the exceptions to be filed in the event that the Court grants the motion for extension of time - - . in which they may be filed Since our reasons for making this motion ere fully set out in the motion itself we feel that it is possible for you, &s Clerk of the Court , to present the matter to the Court for its consideration. If you will do this we will greatly appre ciate your kindness as it will thus relieve us of the necessity of coming quite some distance - . Thankihg you for your courtesy in this matter we are, . Yours very truly J ). ATTORNEYS TOR ALFRED B. IDES WDM/b Encs. 3. �Ilf THE CIRCUIT COURT OF RAPPAHANNOCK COUNTY, VIRGINIA THE STATE COMMISSION ON CONSERVATION AND DEVELOPMENT, 0? THE STATE 0? ) ) ) VIRGINIA, ) ) Petitioner, ) ) ) ) CLIETON AILOR AND OTHERS, fend thirty seven thousand four hundred (37,400) ) acres of land more or less, ) ) ) Defendants - . EXCEPTIONS TO REPOST 0? APPRAISAL COMMISSION BY ALFRED B ILXS, DEFENDANT. . . 1 This cause came on to be heard before the Board of Appraisal Commissioners, and pursuant to hearing scheduled August 25, 1930, at eshington, Virginia, testimony was taken . E. Manuel, from witness R to the effect that he was foreman of operations for defendant, Alfred B » lies, in mining operations under a certain mining lease the subject of these proceedings; that said operations were ceased upon the co - ncement of pro ceedings by the petitioner to condemn the land under authority of The Public park Condemnation Act; that a lode of mineral ore had at that time been opened to approximately twenty feet in width and more than ten feet in height ; that said lode had been definifely located to extend through Mount Marshall, on the - land lease of this defendant, for a distance of exceeding one mile; that mine buildings for general purposes, and roadways had been partially constructed to facilitate removal of said ore; that the project was abandoned solely because of eoceneement of said condemnation; that there was submitted approximately one hundred pounds of copper ore, which it was testified by the said R « E « Manuel had been taken from the property, and representative of the lode uncovered ; and affidavit stating expenditures upon the property, the result of assays maae by assayere and smelters, �-£- and estimated content of said lode upon the leased land was . submitted by defendant . £ Notwithstanding that hearing was held, testimony taken, and evidence of mineral submitted, the said Board of Appraisal Commissioners rendered the following report, which not only negatives any value in said leaee, but even infers that defendant never presented any evidence, or w&e heard , in any manner whatsoever ; - # 54 1 Name of Claimant, lies, Alfred B. "Location; Mining lease on 1000 acre traot. "There ie no evidence before as as to any potential value, we have given Mr. Ilea every opportunity to procure some evidence of mineral value, but has failed to do so . .. "Geo H Levi, Clerk - . Appraisal Conan'rs "Incidental imagee arising from taking of this tract £ none " - . 3 . . The defendant Alfred B Ilea excepts to the above report in its entirety for the reasons stated in paragraph 1, hereof, that the report does not set forth the facts of evidence sub - mitted , and for the further reason that the Board of Appraisal Commissioners ie required not only to determine "potential value", but is required to make a finding in relation to the value of existing property right, at the time of commencement of the proceedings, including the value of improvements renaered useless to the defendant by the fact that the said condemnation deprived him of his right to use the property in accordance with his then vested right therein; that no judicial, nor quasi judicial authority has the right arbitrarily to state that a leasehold is of no value whatsoever, and thus lightly take private property.without any compensation therefor . v �-3- 4 . Wherefore the Defendant, Alfred B * lies, exeepts to - the entire report, and prays that it be set aside, and a determ ination of the value of his leasehold right in the said property be made as of the time of the commencement of the condemnation . proceedings JjL 7 fJ WILLIAM D. UWLEY ( 7 . ARTHUR E COOK ATT0RS7YS FOR DEF Elf DAFT , . ILES. ALFRED B . WILLIAM D MEDLEY and ARTHUR S* COOK 3£7 Southern Building, Washington, D C « ATTORNEYS FOR D1PEHDAKT . . ILES. ALFRED B 1 �9 I | S . JAS CLERK M . SETTLE CIRCUIT COURT OF THE . F O R R A P P A H A N N O C K C O. W A S H I N G T O N, V I R G I N I A. \ 0 Judge J R H Alexander «£«0B»9^ Leesburg * * % �T « > »1 *'"< ! 1 'V t * * * III THE CIRCUIT COURT 0? RAPPAHANNOCK COUNTY, VIRGINIA * t - \ TIU STATE COMMISSION 011 CONSER VATION AND DEVELOPMENT , OP THP STATE OP VIRGINIA * - « . petitioner - VS ; - A » k CLIFTON AYLOR AND OTHERS, and thirty seven thousand four hundred (37,400) acres of land more or less - . Defendants. EXCEPTIONS TO REPORT OF APPRAISAL COMMISSION * ?- /?3$. /Ll. Ji WILLIAM D. EDLEY and ARTHUR E. COOH 327 Southern Building, T,'T IVi Qj .C Washington, D ATTORNEYS FOR . 3 * DEFENDANT, ALFRED ILES* i �IN THE CIRCUIT COURT OR RAPPAHANNOCK COUNTY, VIRGINIA THE STATE COMMISSION ON CONSERVATION AND DEVELOPMENT, OP THE STATE OE VIRGINIA, Petitioner, -vs- - ) ) ) ) ) ) ) ) ) CLIFTON AYLOR AND OTHERS , &nd thirty seven thousand four hundred (37,400) ) acres of land more or less, ) ) ) Defendants . EXCEPTIONS TO REPORT OE APPRAISAL COMMISSION BY ALFRED B. ILSS, DEFENDANT . . 1 This cause came on to be heard before the Board of Appraisal Commissioners , and pursuant to hearing scheduled August 25, 1930, at Washington, Virginia, testimony was taken from witness R E Manuel, to the effect that he was foreman of .. operations for defendant, Alfred B. lies , in mining operations under a certain mining lease the subject of these proceedings ; - that said operations were ceased upon the commencement of pro ft ceedings by the petitioner to condemn the land under authority ** of The Public Park Condemnation Act; that a lode of mineral ore had at that time been opened to approximately twenty feet in width and more than ten feet in height ; that said lode had been definitely located to extend through Mount Marshall, on the - ft land lease of this defendant, for a distance of exceeding one mile ; that mine buildings for general purposes, and roadways had been partially constructed to facilitate removal of said ore ; that the project was abandoned solely because of commencement of said condemnation; that there was submitted approximately one hundred pounds of copper ore, which it was testified by the said . R E» Manuel had been taken from the property, and representative of the lode uncovered ; and affidavit stating expenditures upon the property, the result of assays made by assayers and smelters , * i �-£and estimated content of said lode upon the leased land was . submitted by defendant . £ notwithstanding that hearing was held, testimony taken, and evidence of mineral submitted, the said Board of Appraisal Commissioners rendered the following report , which not only negatives any value in said lease, but even infers that defendant never presented any evidence, or was heard, in any manner whatsoever ; - # 54 1 Name of Claimant, lies , Alfred B * "Location; Mining lease on 1000 acre tract. "There is no evidence before us as to any potential value We have given Mr lies every opportunity to procure some evidence of mineral value, but has failed to do so . . . "Geo. H. Levi , Clerk - Appraisal Comm'rs. "incidental dmages arising from taking of this tract $ none." - . 3 . lies The defendant Alfred B in its entirety for the excepts to the above report reasons stated in paragraph 1, hereof, that the report does not set forth the facts of evidence sub - - mitted , and for the further reason that the Board of Appraisal Commissioners is required not only to determine "potential value", but is required to make a finding in relation to the value of existing property right , at the time of commencement of the proceedings , including the velue of improvements rendered useless to the defendant by the fact that the said condemnation deprived him of his right to use the property in accordance with his then vested right therein; that no judicial , nor quasi judicial authority has the right arbitrarily to state that a leasehold is of no value whatsoever, and thus lightly take private property without any compensation therefor ^ . �-3- . . Wherefore the Defendant, Alfred B lies, excepts to the entire report, and prays that it be set aside , and a determ 4 - ination of the value of his leasehold right in the said property be made as of the time of the commencement of the condemnation proceedings* h, . WILLIAIi D MEDLEY (Ju ^ Ar' y .Mrfi- ' r , ARTHUR E* COOK ATTORN IYS FOR DEFENDANT, ALFRED B ILES ’ . - . WILLIAM D MEDLEY and ARTHUR E. COOK 3 £7 Southern Building, Washington, D C * . ATTORNEYS FOR DEFENDANT ALFRED B. ILES . 1 *- �I c IN THE CIRCUIT COURT OP RAPPAHANNOCK COUNTY , VIRGINIA T ’njS STATU C 01.111 ISSI ON ON CONSER VATION AND DEVELOPMENT OP THE STATE 0? VIRGINIA i ‘ . . « Petitioner, - VS - CLIPTON AYLOR AN D OTHERS , e n d t h i r t y seven t h o u s a n d f o u r h u n d r e d ( S 7 , 400 ) acres of l a n d more o r l e s s « - . . Defendants EXCEPTIONS TO REPORT OP APPRAISAL COMMISSION / I # / ? 32 ' . . southern ' WILLIAM D MEDLEY and ARTHUR E COOK , c; B u i l d i n g, 3S 7 /’ / a s h i n g t o n , D * C » ATTORNEYS FOR DEPENDANT , ALFRED B ILES . . ji . X f �t IF THE CIRUCIT COURT OP RAPPAHANNOCK COUNTY, VIRGINIA THE STATE COMMISSION OH CONSERVATION AMD DEVELOPMENT OP THE STATE OF VIRGINIA, ) Petitioner, ) ) -vs- - ) ) ) CLINTON AYLOR AND OTHERS, and thirty seven thousand four hundred (37,400) aores of land more or less, . Defendants ) ) ) ) ) ) EOTION FOR EXTENSION OF TIME . Now comes Alfred B * lies, by his attorneys, William D Medley . and Arthur E Cook, and moves this honorable court for extension of time to ten days from the hearing hereon in which to file exceptions to the Report of the Appraisal commissioners , filed in this Court on the eighteenth day of May, 1932, and gives as reasons therefor: . That no notice of the filing of said report was received by this defendant or his attorneys , notwithstanding that diligent efforts to obtain information concerning the same were . made by this defendant and his attorney, Arthur E Cook ; that the Board of Appraisal Commissioners was advised in July 24, . lies from 1930, of the removal of Mr . C , to Washington, D « Colorado Springs, Colorado ; that subsequently correspondence with the Clerk of said board was with defendant's attorney, . - Arthur E Cook, who represented the defendant at a hearing con ducted pursuant to order of this Court ; that said attorney was advised that he Would be advised of the filing of said report, but notwithstanding several inquiries in regard thereto neither *- . defendant nor his attorney has received notice thereof �-2- - Your petitioner has ready for filing in this cause exceptions to the said report, and therefore prays that the same may be accepted and considered herein* JS . Jl/f rk MS / WA / f f . IDES, Attorneys for ALFRED B defendant. WILLIAM D. MEDLEY, ARTHUR E COOK, 327 Southern Building, Washington, D » C * . ¥ 9 - �r 1 V . r. III THE CIRCUIT COURT OF RAPPAHANNOCK COUNTY, VIRGINIA . % - \ TEE STATS COMMISSION ON CONSER VATION AND DEVELOPMENT OF THE STATE OF VIRGINIA , « Petitioner , -VSCLIFTON AYLOR AND OTHERS , end thirty seven thousand four hu hundred (37,400) acres of land more or less , - * Defendants. MOTION FOR EXTENSION OF TIME i % K z- / . WILLIAM D MEDLEY and ARTHUR E. COOK 3 H7 Southern Building, Washington, D C. ATTORNEYS FOR DEFENDANT, X V Q. • ALFRED B. TT . o JLu -* h �IN THB CIRCUIT COURT OF RAPPAHANNOCK COUNTY, VIRGINIA, MONDAY, MAY 8th, . 1933 . This day came Alfred B Isles, by counsel, and moved the Court for leave to file exceptions to report of Appraisal Commissioners filed on May 18, 1932 in the condemnation proceedings of State Commission on Conservation and tievelopment of the State of . Clifton Aylor, et als• Virginia vs which motion the Court doth > grant, subject however to such exceptions as may be made and filed thereto ; . whereupon said exceptions were filed - A COFY T3STS: Pf, / Clerk •. Y # �(Ernttmteatott on (Emtaeruatton nnb Smlopment RICHMOND. VA. . WILLIAM E CARSON , CHAIRMAN, RIVERTON COLEMAN WORTHAM , VICE CHAIRMAN, RICHMOND JUNIUS P FISHBURN , ROANOKE E GRIFFITH DODSON NORFOLK RUFUS G ROBERTS, CULPEPER THOMAS L FARRAR , CHARLOTTESVILLE LEE LONG , DANTE . . . B U R E A U S O F THE COMMISSION GEOLOGICAL SURVEY WATER RESOURCES AND POWER FOREST SERVICE . . PARKS ARCHAEOLOGY AND HISTORY STATE PUBLICITY . ELMER O FIPPIN , EXECUTIVE SECRETARY AND TREASURER PHONE RANDOLPH 3 7 5 5 kt the meeting of the State Commission on Conservation and Development , held in Richmond , December 21, 1928 , the following motion was made by Mr , Wortham , seconded by Mr Eishburn , and carried: . "For the purposes contemplated in Section twenty four ( 24 ) of the Public Park Condemnation Act , William E Carson , uhairman of the State Com mission on Conservation and Development , is hereby designated and appointed in writing the representa tive , agent , and attorney of the said Commission , through whom the Commission desires to act in the institution and maintenance of proceedings looking - . - - to the acquirement , by condemnation proceedings or otherwise , of title to lands and other property , for a public park or for public park purposes under authority of the National Park Act , and the Executive Secretary of the Commission is hereby authorized and directed to furnish to the said William E Carson , Chairman of the State Commission on Conservation and Development , such properly certified copies of this resolution for file with the record of any such con demnation proceedings which may be instituted under authority of said Public Park Condemnation Act ” . - . Subscribed and sworn to before me this 28th day of October , 1929 , . du- Uz ^ Notary Public My commission expires October 16 , 1932 . % �r 1 4 * f V :• » 1 » |E •0 V �- *r f \ . ' \ h /yf. f ^ \ ) i , - PETITION OF THE STATE CON SEHVATIOi : AND DEVELOPMENT OF THE STATE OF VIRGINIA , FOR THE CON OP fltATION OF LANDS I!, \ C OUNTY - . J V \ j P E T I T I O N & ' ^v V .•o < LAW OFFICES WEAVER & ARMSTRONG FRONT ROYAL , VA. ' �Page two if 59 - Dr. J. T. Kelly Value of land by types; Value Type per Acreage Ridge Slope Fg 4a.oo 10 434 868.00 2160.00 630.00 $3668.00 798 Total value of land Total value of improvements Total value of tract Average value per aore X -- » ,3668.00 ' 150.00 $3818.00 $4.78 -- - Total Value $10.00 2.00 15.00 3.00 144 210 FT acre . This includes area in laps #59 1 11 111 & IV �* 7 j f rSf & - ___ of . Claim In the Cir6* t Court of The State G immission on tioner, vs. c _ ' , At Law. County, Virginia, No and Development of the State of Virginia, Peti - Conservation — County, Virginia, Defendants. more or less, of land in \^/.V *pd/(2 SL The undersigned , in answer to th * tition of the State Commission on Conservation and Development of the State of Virginia , and in response to the notice of condemnation awarded upon the filing fcfsaid petition and published in accordance with the order of the Circuit County, Virginia, asks leave of the Court to file this Court of as his answer to sMcFpetjjjon /apd to said notice. My name is My Post Office Address is I claim a right, title, estate or interest in a tract$or parcel of land within the area sought to be condemned, containing about. acres, pn which there are the following \ buildings and improvements : .CUd>JL i . __ , A ) __ ^ This land is located about. miles from Virginia, in £ the Magisterial District of said County. I claim the following right, title, estate or interest in the tract or parcel of land de scribed 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 owpers adjacent to the above described tract or parcel of land are as follows : North »A / . ?34 South ___ East _____ West ^ ^ / __ 22 _ 9 __ A*>L_ ^^ ^ _ _1fc 8x_ j _ S?/ 5 J?lfc. vin the ^^ I acquired my right, title, estate or interest to this property about the year / /) following manner : ; 1_ _ _ S T < I claim that the . total value of this tract or parcel of land with the improvements thereon is 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 I am the owner of acres of land adjoining the above described tract or w 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 $ ^ as to ( In the space below should be set out any additional statements or information this claim which claimant desires to make ; and if practicable he should also insert here a description of the trapjt or parcel of land by metqs and bounds ) . Remarks: \?_ _ _ J*?* _tO- •_ _ - remarks if necessary on hfc back ). day Witness my signature ( or my name and mark attached hereto ) this_ it , . of 1930 d ry et p jr*^ ^ STATE OF VIRGINIA, COUNTY OF fc4rv r To-wit : 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 _ r. , 1930. this ( Continue ^ __ ^^^ ^ " 4^ ^ __ __- - -_T TL TZM~ f o _ / if. Clerk the Court, or Special Invest! ;or or Notary Public, or Justice of the Peac£ �£iCPin^ JX <z^tu£ 1 ^ -A ~ 4 n,c*-*L>° }nu 3 UX^J ^ . } ? u o / Ins JJL ^ > y / yiyd/ ^ Y // o r & y^ ~( * ^ — a^ yt ^ ' fei *J*o X* fi) ( ^ f fi. ' 3& < ' ^ (0 yv *' t £ & «4**£ y <' '• ' S^ y > « > A- <1* 4 / // lX - t^~<2. /A* <r >ve ^ 0 '/ / Jv* ^ - A. c f L " - A 3 -jfiwaf ^ WA*^~ ^- ^ (p ^ ( Vc ts v' — AY ~ * > \ ^ vcJs ^ ' ^ / // J2 ^ ' T/ P i* %>• &> , / / * ^ iL . —I bi) - ?£ * yj C /> _ P - -- * /^ < ^ J? ^ A V Otrp > ^ 1 .‘o J c > L ^ „ _ WvL /A"/ / ^ . /iL /*^ ^ tvv - V*V* £*v J J \ ) y? £ jy i £ sCJi X< % AAMCLCA C K. CL (C £ tu >+ y ' // ~$ / • J a/. ^ ; ^ — oV" 1 $ £* ^^ / » fiK^ «» , r LLy -~*> , 9 / / j »r Z Y~ —— 5» > *A -i ^ 4. . * * , ^ Octsyu » . ~o / ^^ ^ - — v- .. ^ A^< t / o Jhi-^ lyiu / ffy Ai Ctis A { > ? . * ^ ^ 't « ,, ' ' /Oi,tsL 'V / C. L /A^V — jty ^ r cAlzJci & yk y^- t^C AAM' OL& AAsts* ' / f -a * - ^ 1- * £ ) A ^ j J (* b • *7 /6 ^ 7 <?£A y & J?£ ^ C AsiS ^t . ' / / .00 y 0 Uc^~ / \A^fl .,> 4 v £ -- ^ ^ [ ^ £> / ^srX « ^ yVV -ij>{ yL / ^ tii C • S\ tj <Lu-£ Ay sf ~ r /? , DLtA^ /2 s A6 HT40 /O UJ , vV « ~ 3^ y irO & / fl <^*^t S^rpt * AL***C . / * A lrw Z *. i /9 * & £ / “ & * 1 lr iA 3 > XXAyu>- ! / v-^-w Q*vc t " / [yo ^ , 1 UJ * »!' o y- j ££LAC£2 - 0 * f / yn~* y / *> yy iZt / ^ AX �•V J. T. KELLEY, M. D. %c* ULPEPER . VA S/A/ ia% L > 4)e^0- — - 2L * > a£ CxstS \ (2 * t0L Asf jd —- c * - -~p ^ edmJ (L ^ WcJL w ^yfjG> d/W Osv GL 1VC*/,0 K) ' ' , - * . ( i i • , i / * O • /i^/ fi-^ yy*t /00 4,(i U L 7 kgrt / M0 00 ^ Cc VT ^- ( cO/ 5'/(Jj/~q. too ^ ^ ^ ^ a ^^ 3 elk* t /Jkst jf { < b IjLOusy $ /Jt jkj? \ T. ' ' tua^°0/j / / OvO OIZAJM O* ~ / [ . s Ou \ u* / FTf&->^—- L szs*-Z, > ^ jLtTtro , ' ' o / s-^~c e/>*£/ y \ V C/CLfrC/t //0 . /: / c > / 0 CUAA > 6L k^ ^ ^ V N OyC P/LIX- M> 2- su/ /Jij/ / /mOo 4 t / 1 J J kd^K \ h-* ~k£t($ to (? * Cksj 0 0 /{ . A f ^ d lo ~ -- -- dyLoi/y* 9bA ( L ~* ^ /\Ar\J \0>< �J . T. K E L L E Y , M . D . X. ^ vt 192 J. t cJ (jxly&m{ jz*o ��t / c \ PILED IN CLEKK 8 OFFICE ‘ RAJPjPAUANNOCK COb'M V J/£,'{77?Jei fl i » i » • ; ( > K &L Clerfv 4 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rappahannock County SNP Records: Court Proceedings Description An account of the resource The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock County, Virginia. This was a court case initiated by the state of Virginia in order to acquire privately held land located within the boundary of Rappahannock County in the northern Blue Ridge Mountains. Within the boundaries of eight counties, the state of Virginia, in collaboration with the Federal government, used eminent domain condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation to create the Shenandoah National Park. The documents in this collection are the legal proceedings for each individual tract of land that made up the one court case. In most cases, the individual case files consist of property surveys, assessments for the value of the land and improvements, and claims by the owner of the property. Creator An entity primarily responsible for making the resource Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource Bulk of the collection dates 1930 to 1934 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Kelly, Dr. JT Description An account of the resource <p><strong>Tract: </strong>59; </p><p><strong>Location: </strong>Drains of Piney River one mile east of Elk Wallow Gap; </p><p><strong>Cost/Acre: </strong>$4.46; </p><p><strong>Estimate Value: </strong>$607.00; </p><p><strong>Number of Acres: </strong>136.0; </p><p><strong>Monies Awarded: </strong>$607.00</p> Source A related resource from which the described resource is derived Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource <a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tract 59 Identifier An unambiguous reference to the resource within a given context kelly-dr-jt-tract-59 Kelly Overall https://omeka.lib.jmu.edu/erp/files/original/a67c39dd2edf80e47de4e8d2defcba94.pdf d9ddc353f14714227e6fdc37c77901e7 PDF Text Text County 1 District : Bappahannock Piedmont NAME OF CLAIMANT # 59 a Number of Acres: Location: 60 - Kelley, J.T., Dr r East side of finey ^un . at the forks A rough country road runs along the west boundary and leads to the State Highway 5 miles distant. Thence it is 17 miles to Luray, the near est shipping point Roads: . . . Sandy loam of good depth and fertility, but rocky Slopes are mod erate and steep with some rock outcrops Exposure is west Soil : . - The western side has been cleaned uo and grazed for many years, but is now growing up to bushes, and has consider able alder on some parts The tan bark has been removed and there has been considerable cutting The rental paid by the tenant is 312.00 per year/ Timber: There is an open stand of fair timber with re d oak up to 24 DBH. and poplar to 20 with some small. chestnut oak and whit e pine, On 55 acres there is 78 M of red oak, 23 M. Poplar , 13 M. white pine, 4 M chestnut oak and 3 M. hickory Also, 14 cords of locust Improvements: One 2, story 6 room. house, paper house, barn oaper roof, smoke house, hen house and spring house, all in fair condition History of Tract and condition of timber: - . . . . . . . . Acreage and value of types : Total Value Value per acre Acreage Types Slope : 24 @ $3.00 $72.00 Cove: 6 @ 5.00 30.00 30 @ 8.00 Grazing Land : 240.00 1342.00 IT Cultivated Land: Orchard : Minerals: Value of Land: Value of Improvements: $ 525 * 00 525.00 Value of Orchard : $ Value of Minerals: $ Value of Timber: $ 215.00 f 215.00 1082.00 Value of Wood: $ Value per acre for tract: $ 13 * 0o Incidental damages arising from the taking of this tract: $ HONE CLERK �I County: Rappahannock Dist ri ct: PIedraont /59 . -1 X Acroa/.e Claimed ; Value Claimed: J. T. Kelly — Dr.lap on J. 0. verull* s Heirs. 1460 Assessed: Deed: | 33,000 Assessed: Deed: Area: Location: . 136 Acres On the drains of Piney River about one mile east of 31k allow Gap . Incumbrances, counter claims or laps; This is th t part of the land ol i ad by Dr J T Kelly which lies within that portion of the overall Purvey known as share #3 and which was assigned to Julia c overall ... . . Soil: Sandy clay loam of slightly less than average fertility for mountain soil in this locality Roads: It is eight miles of unimproved dirt road to the Lee Highway; thence seventeen miles to Luray, the nearest shipping point . . History of tr ct and condition of timber: All of the merchantable saw timber uni tan bark was removed about 30 years ago Part of the remaining timber growth was later deadened and the land used for grazing, ooiae of the land so treated is now covered with fairly good sod Thore is no mercnantable timber of any kind on the tract at present . . improvements: Yalue of land . None b ty as: Value Type Acreage per lG8 V Slope Fg Fr Total value of land Total value of tract Average value per acre X — . 26 2 136 Total acre Value £316.00 3.00 15.00 390.00 6.00 . 3 00 613.00 618.00 | 4.50 - - - . This includes area of tract /59 and laps /59 11 111 IV �County Rappahannock District: Piedmont . - #59-a, Kelly, J T, Acreage Claimed: Value Claimed: . Location: East side of Piney Run at the forks • Incumbrances, counter claims or laps: Sandy loam of good depth and flertility, but Slopes are moderate and steep with rocky Exposure is west some rock outcrops Soil: . Roads: . . A rough county road runs along the west boundary and leads to the State Highway 5 miles distant Thence it is 17 miles to Luray, the nearest shipping point . . History of tract, and condition of timber: The western side has been " clean ecF up and grazed for many years, but is now growing up to bushes, and has considerable alder on some parts The tan bark has been re moved and there has been considerable cutting The rental paid by the tenant is #12 per year . . . Timber: Improvements: .- There is an open stand of fair timber with red oak up to 24 D B H and poplar to 20" with some small chestnut oak and white pine On 53 acres there is 78 M of red oak,23 M poplar, 13 M, white pine, 4 M chestnut oak and 3 M hickory Total,121 M, valued at #3.50 per M Also,14 cords of locust at #1,00 per cord . .. .. ” - .. . .. . - ...... .. .... The house is 2 story,6 room,14 x 26,with 14x141 "L",,paper roof, valued at , #300 Barn 16x20 with paper roof, 150 Chicken House,10x14 *,paper roof f • M 20 Smoke house,8x10,paper roof 20 Spring house, 25 Total #5lS . . .. .. ' Value of land by types: Types: Value Per A ' reage: Slope Cove P g 6 30 89 value of land Total n a improvements ft ft n ft timber Tract Average value per acre . #3.00 Total Value 5.00 5.00 30 150 .#339.00 . 515.00 . 438.00 #1292.00 #14.52 .. ¥5597 �Co- ty ; Rappahannock Disti-xct: Piedmont - #59a, Kelly, J.T. N A } " J.B.Bolen , // ' / A.Bailey L / rj M $ -r v v\ 4 H.L.Johnson « xNs tVc ^ " \ C.H.Bowen NVPVV \ \i W V Hi 1> \ . LEGEND: Cove Orchard " Slope Ridge Scale - Grazing Land Tillable Land 20 chains l" � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rappahannock County SNP Records: Court Proceedings Description An account of the resource The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock County, Virginia. This was a court case initiated by the state of Virginia in order to acquire privately held land located within the boundary of Rappahannock County in the northern Blue Ridge Mountains. Within the boundaries of eight counties, the state of Virginia, in collaboration with the Federal government, used eminent domain condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation to create the Shenandoah National Park. The documents in this collection are the legal proceedings for each individual tract of land that made up the one court case. In most cases, the individual case files consist of property surveys, assessments for the value of the land and improvements, and claims by the owner of the property. Creator An entity primarily responsible for making the resource Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource Bulk of the collection dates 1930 to 1934 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Kelly, Dr. JT Description An account of the resource <p><strong>Tract: </strong>59 - A; </p><p><strong>Location: </strong>Headwaters of Piney River south of Hogback Mountain; </p><p><strong>Cost/Acre: </strong>$2.50; </p><p><strong>Estimate Value: </strong>$832.00; </p><p><strong>Number of Acres: </strong>332.0; </p><p><strong>Monies Awarded: </strong>$832.00</p> Source A related resource from which the described resource is derived Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource <a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tract 59 - A Identifier An unambiguous reference to the resource within a given context kelly-dr-jt-tract-59-a Burns Hooff Hopper Jackson Kelly Keys Kirksey Loving Orme Overall Smith https://omeka.lib.jmu.edu/erp/files/original/5f5960e11fb89f062b8356d1cac65a5b.pdf a43f9e2e2bc0694c2a8992c4d5e1daa6 PDF Text Text Rappahannock County NAME OF CLAIMANT Kelly , Dr. J. m #59-1 — Number of Acres : 156 Location : Overall Heirs. On the drains of Piney River about one mile east of 31k V«/ac, 1 low Gap It is eight miles of unimproved dirt road to the Lee Highway ; thence seventeen miles to Luray , the nearest o Roads : . Lap on J. C . * shipping point. Soil : Sandy clay loam of slightly less than average fertility for mountain soil in this locality . History of Tract and condition of timber' : All of the merohantalle saw timber and tan bark was removed about 30 years ago. Part of the remaining timber growth was later deadened and the land used for grazing Some of the land so treated is now covered with fairly good sod. There is no merchantable ti -ber of any kind on the tract at present. . Improvements : Hone. Acreage and value of types : Types Acreage Value per acre Total Value Ridge : Slope : r 108 25 v-243.00 28 13.00 364.00 $607.00 < Cove : Grazing Land : Fields Restocking : Cultivated Land : Orchard : Minerals : Value of Land : $ 607.00 Value of Improvements : $ Value of Orchard : $ Value of Minerals : $ Value of Fruit : $ Value of Timber : $ Value of Wood : $ Value per acre for tract : $ 4 . 4 5 Incidental damages arising from the taking of this tract : S ^Hone . &f As . CLERK �I County: Rappahannock Dist ri ct: PIedraont /59 . -1 X Acroa/.e Claimed ; Value Claimed: J. T. Kelly — Dr.lap on J. 0. verull* s Heirs. 1460 Assessed: Deed: | 33,000 Assessed: Deed: Area: Location: . 136 Acres On the drains of Piney River about one mile east of 31k allow Gap . Incumbrances, counter claims or laps; This is th t part of the land ol i ad by Dr J T Kelly which lies within that portion of the overall Purvey known as share #3 and which was assigned to Julia c overall ... . . Soil: Sandy clay loam of slightly less than average fertility for mountain soil in this locality Roads: It is eight miles of unimproved dirt road to the Lee Highway; thence seventeen miles to Luray, the nearest shipping point . . History of tr ct and condition of timber: All of the merchantable saw timber uni tan bark was removed about 30 years ago Part of the remaining timber growth was later deadened and the land used for grazing, ooiae of the land so treated is now covered with fairly good sod Thore is no mercnantable timber of any kind on the tract at present . . improvements: Yalue of land . None b ty as: Value Type Acreage per lG8 V Slope Fg Fr Total value of land Total value of tract Average value per acre X — . 26 2 136 Total acre Value £316.00 3.00 15.00 390.00 6.00 . 3 00 613.00 618.00 | 4.50 - - - . This includes area of tract /59 and laps /59 11 111 IV � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rappahannock County SNP Records: Court Proceedings Description An account of the resource The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock County, Virginia. This was a court case initiated by the state of Virginia in order to acquire privately held land located within the boundary of Rappahannock County in the northern Blue Ridge Mountains. Within the boundaries of eight counties, the state of Virginia, in collaboration with the Federal government, used eminent domain condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation to create the Shenandoah National Park. The documents in this collection are the legal proceedings for each individual tract of land that made up the one court case. In most cases, the individual case files consist of property surveys, assessments for the value of the land and improvements, and claims by the owner of the property. Creator An entity primarily responsible for making the resource Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource Bulk of the collection dates 1930 to 1934 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Kelly, Dr. JT Description An account of the resource <p><strong>Tract: </strong>59 - I; </p><p><strong>Location: </strong>East side of Hogback Mountain near head of Little Devil Stairs Run; </p><p><strong>Cost/Acre: </strong>$1.00; </p><p><strong>Estimate Value: </strong>$8.00; </p><p><strong>Number of Acres: </strong>8.0; </p><p><strong>Monies Awarded: </strong>$8.00</p> Source A related resource from which the described resource is derived Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource <a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tract 59 - I Identifier An unambiguous reference to the resource within a given context kelly-dr-jt-tract-59-i Booth Iles Kelly Miller Roy Settle https://omeka.lib.jmu.edu/erp/files/original/948d26f354218747a0f62bb0ef5283a8.pdf db5bd9486de413b4a7b41e67bb1db237 PDF Text Text 1 H3 -i 3 :: i jj] 3 i i [ idlri : £l ! i 1 ! iij] Hiill s ii il I * * !i i ® l * = ; ! £ £ ii m i •i i i k 3 in !I t I. a 1 I* - a \* ; -\± ] i 1 I :r * if i iliiiiii! 1 j u j i 11 mm J t �County: Rappahannock District: Piedmont 4srXI - .. Dr* J T Kelly- Lap on tllliaiB C* overall’s Heirs . X Acreage Claimed: 1460 Value Claimed: #23,000 Assessed: Deed: Assessed: Deed: Area: . 332 ^cres Looatioq: i Headwaters of Piney River Just south of Hogback Mountain* Incumbrances, counter claims or la a: This is that portion of the "" land claimed by Dr * J T* Kelly which lies within that part of the Overall Survey designated as share #5 which was assigned to William C* overall* . - . Soil: Thin sandy loam with some clay and sub soil Roads: It is eight miles of unimproved dirt road to the Lee Highway; thence seventeen miles to Luray, the nearest shipping point * History of tract and condition of timber: All of the mercliantable saw timber arid tan bar.c was removed about 30 years ago Part of the remaining timber growth was later deadened and the land used for grazing * Some of the land so treated is now covered with fairly good sod * There is no merchantable timber of any kind on the tract at . . present Improvements: & The improvements consist of 1 story house with a dilapidated stable and othe r out buildings all of which are valued at Value of land 3150*00* by tyres; T acreage e s2 280 332 Slope Value acre ,1 ~0 2.00 Total Value, per . J.52» 00 • 360* 00 612.00 ...... Total value of land Tot 1 value of improves nts Tot 1 value of tract •••••• Average value per acre X — 150.00 C962.00 > 29 £. - . This includes area of tract #59 and laps #59 1-111 & IV � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rappahannock County SNP Records: Court Proceedings Description An account of the resource The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock County, Virginia. This was a court case initiated by the state of Virginia in order to acquire privately held land located within the boundary of Rappahannock County in the northern Blue Ridge Mountains. Within the boundaries of eight counties, the state of Virginia, in collaboration with the Federal government, used eminent domain condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation to create the Shenandoah National Park. The documents in this collection are the legal proceedings for each individual tract of land that made up the one court case. In most cases, the individual case files consist of property surveys, assessments for the value of the land and improvements, and claims by the owner of the property. Creator An entity primarily responsible for making the resource Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource Bulk of the collection dates 1930 to 1934 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Kelly, Dr. JT Description An account of the resource <p><strong>Tract: </strong>59 - II; </p><p><strong>Location: </strong>East of Elk Wallow Gap ; </p><p><strong>Cost/Acre: </strong>$6.70; </p><p><strong>Estimate Value: </strong>$67.00; </p><p><strong>Number of Acres: </strong>10.0; </p><p><strong>Monies Awarded: </strong>$67.00</p> Source A related resource from which the described resource is derived Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource <a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tract 59 - II Identifier An unambiguous reference to the resource within a given context kelly-dr-jt-tract-59-ii Kelly Overall https://omeka.lib.jmu.edu/erp/files/original/92f81818069d4aad899afd475d456945.pdf 5d89140570f4e9c81441671ac15308ce PDF Text Text County: Rappahannock District: PIedmont - #59 111 — ... Dr J T Kelly Lap on Mary Ann Roy Heirs . X Acreage Claimed ; 1460 Assessed: Deed: Value Claimed ; $23,000 Assessed: Deed: . Area; 172 Acres Location: . Headwaters of Piney River just south of Hogback Mountain Incumbrances, counter claims or laps: This is that portion of the land claimed by Dr J T ::elly which lies within that part of the Overall Survey known as share #6 or which was assigned to Mary Ann Roy ... . . SoUi Thin sandy loam with some clay and subsoil Roads: The old Jamison road which has been in use for many years touch this tract It is eight miles to the nearest maoadam road and twenty five miles to Luray, the nearest shipping point . . History of tract and condition of timber ; All tan bark and merchantable saw timber was removed about 30 years ago Some of the remaining timber was killed by girdling about 20 yeurs ago, and the area grazed for several years afterwards without securing a satisfactory sod The present stand of tinber is of poor quality and has no market value . . Improvements: . . None Value of land by types; Value Type Ridge Slope . a 82 $1.00 262.00 262.00 Aver age value per acre ••• $1.51 — Total Value $82.00 2.00 Total value of land Total value of tract X H -%1 per acre Acreage 180.00 -- . This Includes the area of traot #59 and laps #59 1 11 & IV �Rappahannock County NAME OF CLAIMANT #59 111 Kelly, Dr. J. T. - - Lap on Mary Ann Roy Heirs. 172 Headwaters of Piney River just south of Hogback fountain Number of Acres : Location : Roads : . The old Jamison road which has been in use for many years touch this tract , It is eight miles to the nearest macadam road and twenty five miles to Luray, the nearest shipping . point Soil : Thin sandy loam with some clay and subsoil. - .il tan bark and merchantable saw timber ,/as removed about 30 years ago Some of the re maining timber was killed by girdling about 20 years ago, and the area grazed for several years afterwards without securing a satisfactory sod The present stand of timber is' of poor quality History of Tract and condition of timber : i . - . . Improvements:Hone Acreage and value of types : Types Acreage Ridge : 82 Slope : 90 Value per acre ' a> • m $1.00 OJ .OJ Rj • ' - Total Value $82.00 202.50 $284.50 Cove : Grazing Land : Fields Restocking : Cultivated Land : Orchard : Minerals : . Value of Land : $ 284 .50 Value of Improvements : $ Value of Orchard : $ Value of Minerals : $ Value of Fruit : $ Value of Timber : $ Value of Wood : $ Value per acre for tract : $1.65 Incidental damages arising from the taking of this tract : CLERK. � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rappahannock County SNP Records: Court Proceedings Description An account of the resource The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock County, Virginia. This was a court case initiated by the state of Virginia in order to acquire privately held land located within the boundary of Rappahannock County in the northern Blue Ridge Mountains. Within the boundaries of eight counties, the state of Virginia, in collaboration with the Federal government, used eminent domain condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation to create the Shenandoah National Park. The documents in this collection are the legal proceedings for each individual tract of land that made up the one court case. In most cases, the individual case files consist of property surveys, assessments for the value of the land and improvements, and claims by the owner of the property. Creator An entity primarily responsible for making the resource Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource Bulk of the collection dates 1930 to 1934 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Kelly, Dr. JT Description An account of the resource <p><strong>Tract: </strong>59 - III; </p><p><strong>Location: </strong>East side of Piney Run at the Forks; </p><p><strong>Cost/Acre: </strong>$18.03; </p><p><strong>Estimate Value: </strong>$1,082.00; </p><p><strong>Number of Acres: </strong>60.0; </p><p><strong>Monies Awarded: </strong>$1,082.00</p> Source A related resource from which the described resource is derived Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource <a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tract 59 - III Identifier An unambiguous reference to the resource within a given context kelly-dr-jt-tract-59-iii Kelly https://omeka.lib.jmu.edu/erp/files/original/6cd9e0a6bfa8157aec9970b8f92b3ae0.pdf 9eacc879c136f6ee26ae1f167a92fbe7 PDF Text Text Rappahannock County NAME OF CLAIMANT Kelly , Dr. J. rn_ #59 IV Lap on J. J. killer Estate. - -- u Number of Acres : 8 Roads : On east side of Hogback fountain near head of Little Devil Stairs Run The old Jamison road which has been in use for many years touches this tract. It is eight miles to the nearest macadam road and twenty five miles to Luray, the nearest Soil : The soil is a sandy loam of medium depth and fertility Location : . . shipping point . History of Tract and condition of timber : All of the merchantable saw timber and tan bark was removed from this tract about thirty years ago. Remaining stand is of very poor quality and unmerchantable for saw timber. Improvements : None. Acreage and value of types : Types Acreage Ridge : 8 Total Value Value per acre vrS $8.00 $1.00 Slope : Cove : Grazing Land : Fields Restocking : Cultivated Land : Orchard : Minerals : Value of Land : $ 3 . 0 0 Value of Improvements : $ Value of Orchard : $ Value of Minerals : $ Value of Fruit : $ Value of Timber : $ Value of Wood : $ Value per acre for tract : $ 8.00 Incidental damages arising from the taking of this tract: $ None. �Rappahannock District: Piedmont Comity: - #59 IV . T.onKelly - Dr. JLap J. J. Miller Estate. X Acreage Claimed: 1460 Assessed: Deed ; Value Claimed: $23,000 Assessed: Deed: . Area; 8 Acres On East side of Hogback Mountain near head of Little Devil Stairs Run Location: . Incumbrances, counter claims or laps: This is that part of the land claimed by Dr J T Kelly which lies inside of share #7 of the Overall Survey, the residue of which is owned by J J Miller Estate ... . .. . Soil: The soil is a sandy loam of medium depth and fertility Roads: The old Jamison road which has been in use for many years It is eight miles to the nearest touches this tract macadam road and twenty five miles to Luray, the nearest . . shipping point History of tract Sind condition of timber: All of the merchantable saw timber and tan bark was removed from this tract about Remaining stand Is of very poor quality thirty years ago and unmerchantable for saw timber . Improvements: . . None Value of land by types: Type Value per acre Acreage $1.00 8 Ridge Total value of land $8.00 Total value of tract $8 GO Average value per aore $1.00 X — This Total Value #8.00 . -- - . Includes the area of tract #59 and laps #59 1 11 111 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rappahannock County SNP Records: Court Proceedings Description An account of the resource The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock County, Virginia. This was a court case initiated by the state of Virginia in order to acquire privately held land located within the boundary of Rappahannock County in the northern Blue Ridge Mountains. Within the boundaries of eight counties, the state of Virginia, in collaboration with the Federal government, used eminent domain condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation to create the Shenandoah National Park. The documents in this collection are the legal proceedings for each individual tract of land that made up the one court case. In most cases, the individual case files consist of property surveys, assessments for the value of the land and improvements, and claims by the owner of the property. Creator An entity primarily responsible for making the resource Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource Bulk of the collection dates 1930 to 1934 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Kelly, Dr. JT Description An account of the resource <p><strong>Tract: </strong>59 - IV; </p><p><strong>Location: </strong>Headwaters of Piney River S of Hogback Mountain ; </p><p><strong>Cost/Acre: </strong>$1.65; </p><p><strong>Estimate Value: </strong>$204.50; </p><p><strong>Number of Acres: </strong>172.0; </p><p><strong>Monies Awarded: </strong>$284.50</p> Source A related resource from which the described resource is derived Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource <a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tract 59 - IV Identifier An unambiguous reference to the resource within a given context kelly-dr-jt-tract-59-iv Kelly Roy https://omeka.lib.jmu.edu/erp/files/original/f5778fc91f5ffadfa05eab1af06ee684.pdf ca70c696eccae5f68119190203e34580 PDF Text Text RAPPAHANNOCK COUNTY NAME OF CLAIMANT Kelly, J.T. # 59 - V - Number of Acres : 10 - . Overall Heirs Lap on Julia C . Location : East of Elk Wallow Gap near the top of the Blue Ridge Roads : Poor trail, 7 miles to Lee Highway, near Sperryville; thence 17 miles to Luray « . . Soil : Sandy clay loam of fair depth and fertility; good grazing land Soil in timbered portion is fairly good; comparatively free of surface rock . History of Tract and condition of timber : All merchantable &aw timber has A small area has been removed, leaving no timber of value, . some grazing value . Improvements : None Acreage and value of types : Types Acreage Value per acre Total Value Ridge : Slope : 6 @ $2.50 4 @ 15.00 $15.00 Cove : Grazing Land : — 52.00 $67.00 Fields Restocking : Cultivated Land : Orchard : Minerals : Value of Land : $ 67.00 Value of Improvements : $ Value of Orchard : $ Value of Minerals : $ Value of Fruit : $ Value of Timber : $ Value of Wood : $ Value per acre for tract : $ 6 . 7 0 Incidental damages arising from the taking of this tract : tS*' . None �c\ U County ; Rappahannock District : piedmont -V - Dr. J. Ton. Julia C. Overall Heirs . #59 Kelly Lap Acreage Claimed : Assessed : Deed ; Value Claimed : Assessed : Deed ; Area : 10 Acres . 3ast of ’21k Wallow (Jap near the top of the Blue Ridge Location ; Incumbrances , counter claims or laps ; This tract lies entirely within that portion of the overall Purvey which was formerly known as share number 3 and which was assigned to Julia c Overall in the division of that property It is understood that Dr J ? Kelly acquired title to this land from another source There is no record , however, of any suit having been instituted in the Circuit Court of Rappahannock County to contest the title of either Dr Kelly or that of the overall Heirs . . .. . . . . . Soil: Sandy clay }.oam of fair depth and fertility ; good grazing land Soil in timbered portion is fairly good ; comparatively free of surface rock Roads: Poor trail , seven miles to Lee Highway near Sperryville ; thence seventeen miles to Luray History of . . tract and condition of timber: All merchantable saw timber has been removed , leaving no timber of value A small area has some Improvements : . . grazing value . None Value of land by types: Value Type per Acreage Slope 6 4 10“ $2.50 15.00 T6tal value of land $75.00 Total value of tract $75.00 Average value per acre acre $7.50 Total Value $15.00 60.00 $75.00 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rappahannock County SNP Records: Court Proceedings Description An account of the resource The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock County, Virginia. This was a court case initiated by the state of Virginia in order to acquire privately held land located within the boundary of Rappahannock County in the northern Blue Ridge Mountains. Within the boundaries of eight counties, the state of Virginia, in collaboration with the Federal government, used eminent domain condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation to create the Shenandoah National Park. The documents in this collection are the legal proceedings for each individual tract of land that made up the one court case. In most cases, the individual case files consist of property surveys, assessments for the value of the land and improvements, and claims by the owner of the property. Creator An entity primarily responsible for making the resource Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource Bulk of the collection dates 1930 to 1934 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Kelly, Dr. JT Description An account of the resource <p><strong>Tract: </strong>59 - V; </p><p><strong>Location: </strong>Headwaters of Piney River, south of Hogback Mountains; </p><p><strong>Cost/Acre: </strong>$7.18; </p><p><strong>Estimate Value: </strong>$5,688.50; </p><p><strong>Number of Acres: </strong>798.0; </p><p><strong>Monies Awarded: </strong>$5,688.50</p> Source A related resource from which the described resource is derived Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource <a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tract 59 - V Identifier An unambiguous reference to the resource within a given context kelly-dr-jt-tract-59-v Kelly https://omeka.lib.jmu.edu/erp/files/original/c1c5363061dc3f309a307f09fee6b22a.pdf e636b9789c07e4c6cfb8a27e2416305d PDF Text Text J: ('1Tr -.. •~ . ..,_ J -'--'-- . U i .l.ll..--J. NAME OF CLAIMANT t'V/ l, 11 ~ - -r .::.cL..t,..,81 , , .1.>.• r v• Number of Acres: 5.3 D.Jep Run . ~ntirely 1-1i thi.n t_1; Pb.Ik area. . Location: ':.1hree ~nd one-Ls.l' "lile::, 7i·i .:i:l~t ro'~c: to ~ort Republic , Roads: t:1: nei...r Jct s' i)Ji n poi::t . S~ndy lo&n , slope -',·/ ,e of a f .... ir de:;?th 1:ucl fcrtili t~.r, Soil: oaer'- te slopes . ... 11 s:....,1 tinb -r hG. s ')een removed History of Tract and condition of timber: f~~c-_ t:~i ... -:;r._c1, . J.a,-__,_Liing st··n-1 co,sists of cbout tLrco C)rds df :1sl,ood ,ar <lcre on 19 ures . 147 cord:s ,ooll . Improvements: Acreage and value of types: Types Acreage Value per acre Total Value Ridge: Slope: 53 I 'ir3C5 . )0 'il'j . 00 Cove: Grazing Land: I Fields Restocking: I Cultivated Land: Orchard: 50 . 00 Minerals: Value of Land: $ !263 . 00 Value of Improvements: $ Value of Orchard: $ Value of Minerals : $ Value of Fruit: $ Value of Timber: $ Value of Wood: $ JU . 00 Value per acre for tract: $ G • :: o Incidental damages arising from the taking of this tract: $ e. - ~-/~kt: - ---c:::>- �Claim of__J;) ., .. A_ S __I <e 77-r..J_o e , - ---------------- --------- - ---------------- ----In the Circuit Court oL_R<!.~_{rL-,_?..~{?. 9l?n. ____ County, Virginia, No. ________ , At Law. The State Commission on Conservation and Development of the State of Virginia, Petitioner, vs. ____________________ __ ____ _____________ __________________ ____________________ _ more or less, of land in ___~ ~ i._!t__tn_9_{7_ql_ J:?L ___ 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__!(~_e_~~1_·:·1_7_9 _l ?.. ~L?..1-'?. . ___ County, Virginia, asks leave of the Court to file this as his answer to said petition and to said notice. My name is __ A_ S _/ <e -,71 /,:, e 7· - ------------ - ---------------- - -----------My post office address is_7;,__ y._?.?._7_J_W_~ E_q__ _________ I claim a right, title, estate or interest in a tract or parcel of land within the area sought to be condemned, containing about ____J=~ --- _______ acres, on which there are the following buildings and improvements ;____ N,_9__/_q_~i_ / 51/_i-u.!j'_.S:. _____________ _____________________ _ ½ L___________________ _ . .. m 7 7 77 wo e:>c/------- v·1rg1ma, L V 2 . 1oca t ed a b ou t ____________ . 1an d 1s o"--------------m1·1es f rom ______ Tl11s . t of sa1. d Coun t y. . 1 D.1st r1c · t etia n e ~ c.1 1 I Mag1s ..sIii ______________ th e___ I claim the following right, title, estate or interest in the tr·a ct 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.) 717J " le_1 ; t/4 ____________________ _ _______ L _a 111 S..J) l e _ a w 11 e ..., v,, ,7/J_ le-e_~, v _ The land owners asfjacent to the above ?escribed tract or parcel of land are as follows: L __S 1..1_-J e ·--------- ------ ---------------- --------L ----. . .. · ~ .., • ______ -· J#llr..? North_ ~~-'* South_ ~:! ~ ; ';« , SI '!.:"f____GJ_<; ___§ _':f_7_-_y_~-::J ------- - ----- - -- - ---------------- --,, T7 · e /-__________________ _ ::J c 1a k.. s D'1 ., __ I :,icI______ East_ 7=~, A- 1z• ,cI rn 7, "_ ?CZ "" , t, ~. ,, WesL 'L CJ 77 ~ cl ,;J.:e ,-"T1· c1 e. /-'' ---------------- -------- - ---------------- ------I acquired my right, title, estate or interest to this property about the year _(~2 ,:,3 __ in the following manner: -, - c /7 c 1 s e ___ / 7-c n-i ___ ~ f7J.. _ S / 7q /e.. 1-__ I-le ; -,- ,s- ______ _ ______________ '/Yy +"'-' I claim that the total value of this tract or parcel of land with the improvements thereon is $:..l_J,J_-_eL ______ __. I claim that the total value of my right, title, estate or interest, thereon is $~L';J_-!:f9-.,_______ . in and to this tract or parcel of land with the improvements ne c:11, · I am the owner oL __i _~p_________ acres of lanQ,\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 $!_~-~~--------- ---· (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· ____ I cle s ; "1·~- 1; 7· 4ft $' ~ -,-v e _,·11 1 /1 .._ _co 7 7'\f ~¥ c , n ce ____ _____ _ c1 I I_7n In e.,. 7- c J I , i'J hls- c l 71 c-J - / sn vos l" -e.e I f>: _<:'1 11 c / J 17 76 ,:.._ e ven J- f C1 111 n ul· _J_o e -,- 777 dTe. d 1'o l10 Id ,n- _l1_o lc/_ll1c,I· 1 n y n1o1 Ir~_ -6'C.>1 1 7771, 11 ~ ?· c:-1I / !1'>' 0 SJ ~e cl '7'cse. 7-Vc>7, 'o7 .,....z.7/re ·n ___ _ Is- C'/7· e w u -7/-. _le 177e fl ~ 0J:-0~--- 2u esdc:l:1,·.n_ l~ q/~ 0 v~_ ~, .... , • ..,.,,/2_ ______ (Continue remarks if necessary on the back). of£:~;s_~~~1~:t~r~ ~r name ::~~~~~~~~~·~~~~~~~:~ 9_.;._/_,_1:.'!'! !!}I_V!J;;;_-:-:~4~~~~;~-- and 3 my STATE OF VIRGINIA, COUNTY OF ____fs The undersigned hereby certifies thaL __ A..!!~._!.r.::~.1:1.11-~~-?..: _____________________ ___ 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 h · k wledge and belief, I this __ JJJ!-,_ ___________ day oL_E~!?_y__,_1_9_~ I-, ~~ ,Ju(i; l< - f( 217 �• County: Itookingham District: otone.all IJ 276 Acreage Claimed: 5~ A. - " Entirely Location: Deep Run . s. As sessed 1350. Value Claimed: A. Ke;mper 53 .128 ,.60 . 00 Deod 85 A. less 11.32 residue 53 .128 less net ·o ost 195.00 35 . 00 160 . 66 ithin ther art area 4 is tract is nssesDed and Incumbrances 1 couter claims or laes: deeded for more acres than as fo und after sevorul tics ere made from Fa.rk boundary o.nd A. Coner est!lblished by Irwin on J. A. Alexander and A. J . Burrowo line . Soil: Sandy loam, slope type of a fair depth and fertility , modernto slopes . Roads: 3} miles via dirt roud to Fort Republic , the near est shipping point . History of tro.ct a.nd condition o-f timber : All sav, timber has been removed from this tra ct . Remaining stand consis t s of nbout 3 eds fuel ood per acre on~ 49 acres . 50¢ per ed .---------- ----------- -- ?3 . 50 147 eds. wood Improvements: None. Value of land by types: Acre-ge 'l'ype 49 Slope Total value of 1 d Value per acre fl.3 .00 ,147 .oo Total value of Improvements Total va lue of timber Total l ue of trac , verage value per acre ?3.50 220 . 50 4 . 50 Total Value '147.00 �Co mty: .,oc.i:.:in .1.;;J.rr, is,.,rict: utone~r~l N 'JS . ,U is_eJr 1 t - ~ ) Ch& i nS �In the Circuit court of Hockingham county, va. The State Conmlission on conservation and Development of the State of Virginia v.) '-·· l tlu.1 RO'·kir, Condemnation r . v,' 1 I Cassandra Lawson Atkins, &c. Now comes the undersigned defendant, A. s. Kemper, and moves the court to decline to accept the report of the board of appraisal commissioners heretofore filed in this proceeding, with respect to claim f276, and to disapprove the findings of fact therein contained, on the following ground: That the allowance or award made for the land of the undersigned, to-wit, the sum of i316.00, is grossly inadequate - so inadequate as to indicate that said board was affected or influenced by some error, mistake or misapprehension of facts as to the identity of said land, or some mistake of law as to the nature and effect of the evidence considered. The undersigned would prefer for his land to be excluded from the park area sought to be condemned in this proceeding. -- A.~~ Byl~atty. • lfto �Virginia, City of Harrisonburg, to-wit; ~ s d a y ~ · F. Good personally appeared before me,'7~~ -6'-il----- ~~ , a notary public. in and for the City of Harrison~, in the State of Virginia, and after being first duly sworn on his oath says: that he is the county Surveyor for Rocking- ham County, Virginia; that he is familiar with the 53 acre tract of s. land owned by A. Kemper, situate in said county and lying within the area now sought to be condemned for a public parK; that in his opinion the wood on said premises will average from six to seven cords to the acre, and at the current low price of 75¢ per cord, should yield an average of $5.00 per acre, or an aggregate of $265.00; and that the land itself should be worth at least $10.00 per acre, making a total value of $795.00, which affiant believes is a conservative estimate of the gross value of said property, without taking into consideration any of the minerals which are alleged to be present in said land. Affiant further says that the soil on said land is particularly adaptable to fruit growing and trucking; and that said land is situate less than two miles from Lynwood, Va., a shipping point on the N. & W. Ry. Given under my hand this ..b_ day of October, 1932. " �/ :::c n i. :I:> :; • S %J 0 - -m a, STATEMENT ZJ - "' n 0 0 2 C ffl OF ) m :l iO Hamilton Haas , p.q . C 9. II II -4 C ZI -I :z :i . ZJ "' "' CR~ < :II'- . •N ;- ... A . S . KEMPER < ~ ffl at %J - 3 • ZJ n n II 0 J> IC Ill -4 0 Co- ., - :, C "' ~ J> i ~ STATEMENT OF COSTS, POSTAGE, ETC.: ' /If �filed in the Clerkts Office RQCkingham County, Va AUG J-f 1933 f&41L4;&:1erk IN RE: Arbitration of Shenandoah National Park Condemnation Case - The undersigned A. s. Kemper, an exceptant to the report filed by the Board of Appraisal Commissioners in the Shenandoah National Park Condemnation case, pending in the Circuit Court of Rockingham County, respectfully shows as follows: (a) That the tract claimed by said exceptant is shown on the map filed in said proceeding as tract #276. (b) That the acreage claimed by said exceptant in said tract is 53 acres and that exceptant is the fee simple owner thereof. (c) 53 acres ( d) That exceptant values said land as follows: Slope $ 530.00 @$10.00 That the timber on said land is val- ued on the basis of 6.5 cords of wood to the acre, yielding ~5.00 per acre 265.00 Total $ 795.00 And in addition to the above, exceptant is informed and believes that there are valuable deposits of iron and manganese in said land, on which no value can be definitely placed at this time. Given this 28th day of August, 1933. State of Virginia City of Harrisonburg, to-wit; This day Hamilton Haas personally appeared before me, the undersigned notary public in and for the City of Harrisonburg, in the State of Virginia, and after being first duly sworn, on his oath says that he is the attorney for the above named A. s. Kemper, and tha t the matters and things set forth in the foregoing writing were received by him from reliable sources of information and that he believes the same to be true and cforrect. Given under my hand this 28th day of August, 1933. ":$c+-?kM My term of office expires ~ 1;: LP# • N. P. �KEMP~R , ... . S. 276 R OCKii;GIW.! COUN'l1Y tr..e Governor arising in or out of Conderrmation Proceedi ngs pending in the Circuit court of Virgini~ under authority of the Shenandoah l';G. tional par};:: Act . Ir RE . ~JDITRATI0N AGREE :E!'-.1TS submitted to EXCEPT}~T : Kemper , A • s. Acreage 54 : Vt.lue ~1, 350 . 00 : r nc. Dom.ages .,111 000 0RIGii.AL CLALI : Vi.LUE PL....CED ON TRACT BY PETITI01'"ER ' S i,.PPRAISERS : :'R _cT no . V.:...LlJE J ,,;,76 ,.. r:rnrn ::T L D.::J~G~S j o. 50 C0!1MISSI Ol'~RS •.1! NUMBER OF 1RLC'r : 276 V LUE OF TRACT : TR C'.I1 i.;0 . V .LUE 276 $315 . 00 Il CIDE:Jr_ L DJ'J t~GES IW �ne basic differences aetTieen petitioner· nd this except nt are as to the classii'ic· tion and value of the land , ti::nber Vc.lues and mineral ri ;hts . 1 though we believe the values reported ·oy the petitioner , s appraisers irere very liberal and that the findin 0 s of the Board of .....ppraisal Co:rrnnissioners ,s to values 8.re substantially too high , vie have accepted and \Jill not seek a lmrnr valuation thc.n their findings as ,hmm on the above tables in this case . s to the classification of the 1 nd end the other eler1ents of value '\.le sub.nit that these m .tters the .fork Sheet of the Board 1.11 th reference to this case , '-nd not as set forth in exceptant ' s statements . ui th the record re correctly set forth in This ,fork Sheet is filed nd a copy of this lo:!..'k Sheet is sub~a.i tted rri th copy of the record tendered herewit~ , end additional copies of the ilork Sheet in this case uill be furnished if desired . i, a--n 9 orney 7 J Subscribed to and verified before me this the ~ d a y of September , 1933 . ,i, � 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 Hopkins, EB - Lam, EE & EC Identifier An unambiguous reference to the resource within a given context kemper-a-s.pdf Title A name given to the resource Kemper, A. S. Publisher An entity responsible for making the resource available Rockingham County Circuit Courthouse Description An account of the resource Location: Deep 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): 276 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 Kemper https://omeka.lib.jmu.edu/erp/files/original/89756c599f72862c713166bf4aa8933d.pdf b1d9488c53bdb6422c39c5777ef9788d PDF Text Text Rappahannock County NAME OF CLAIMANT -1 — #107 Number of Acres : Location : Kendall, David Lap on Ann P. Jolliffe’s Heirs . 112 Near head of Frazier Run a tributary of Thornton River, entirely within Park ^rea. Roads : It is six miles to the Lee Highway near Sperryville , over a very rocky county road ; thence nineteen miles to Luray, the nearest shipping point The soil is a fairly fertile sandy clay loam at the lower Soil : elevations On the steeper slopes it is less fertile and has a shale subsoil The slopes are moderately steep with a fairly smooth surface History of Tract and condition of timber : All merchantable timber including chestnut oak for tan bark, has been removed ffom this tract The cleared portion was cultivated for many years, but now grazing is the principle use . . . . . Improvements : . One dwelling: good condition . Frame, 6 rooms, 1-g story, metal roof, Acreage and value of types : Types Acreage Value per acre Total Value $145.00 Ridge : Slope : 58 A $2.50 54 © 15.00 Cove : Grazing Land : 810.00 . v95o 00 Fields Restocking : Cultivated Land : Orchard : 600.00 25.00 v1580.00 Minerals : Value of Land : $ 955.00 Value of Improvements : $600.00 Value of Orchard : $ Value of Minerals : $ Value of Fruit : $ 25.00 Value of Timber : $ Value of Wood : $ Value per acre for tract : $ 14.00 . Incidental damages arising from the taking of this tract : $ None CLERK. �County: Rappahannock District ; piedmont — - #107 1 Kendall, David Lap on Ann P Jolliffe’s Heirs . Acreage Claimed: No claim Value Claimed: . . Assessed: 65 Deed: 6b Assessed: #195.00 Deed: Area: Location: 112 /.ores Near head of Frazier Run a tributary of Thornton River, entirely within Park Area . Incumbrances, counter claims or laps:All of the land claim ed by David Kendall lies within two subdivisions of the overa Survey which were assigned to Julia c Overall and Ann PllJolli ffe ' Soil: i’he soil is a fairly fertile sandy clay loam at the lower elevations, on the steeper slopes it is less fertile has a shale sub soil The slopes are moderately steepand with a fairly smooth surfaoe . - Roads: . . . . It is six miles to the Lee Highway near Sperryville, over a very rocky county road ; thence nineteen miles to Luray , . the nearest shipping point History of tract and condition of timber: All merchantable r n'g ’chestnut oak for tanbark, has been removtimbe ed from this tract The cleared portion was cultivated for many years, but now grazing is the principle use . Improvements: . One dwelling: Frame, 6 rooms, 1 * story, metal roof, condition good * •••••• #500.00 The other buildings are sm 11 and have no value .. . . Value of land by types: Type Value Aor mge Fg Slope ' #450.00 8.00 ................. ..... Total value of land Total value of improvements Total vaj.ue of tract Average value per Value . 2.50 30 58 24 112 Fr Total acre flo OO per ...... acre £ 145.00 192.00 737.00 #787.00 500.00 —TWTo cT #11.49 -. X ~ Includes the area of #107 11 Note: The laud covered by the reports, for laps #107 1 & #107 11 was aoquired in 1908 (coat'd) . - - ?.9 �— - #107 1 — Kendall, David Lap on Ann Jolliffe’s Heirs . •Q X Note: Cant’d The description in the deed is as follows: Adjoining lands of John Waters, Sarah C Judd, and J W Kendall known as Edward Bolen tract of land lying on east side of Naked Mountain contain ing 65 acres The line between this tract and the J W Kendall gract was shown by the tenant residing on the tract . . .. .. . - � 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, David Description An account of the resource <p><strong>Tract: </strong>107 - I; </p><p><strong>Location: </strong>Near head of Frazier River; </p><p><strong>Cost/Acre: </strong>$14.00; </p><p><strong>Estimate Value: </strong>$1,580.00; </p><p><strong>Number of Acres: </strong>112.0; </p><p><strong>Monies Awarded: </strong>$1,580.00</p> Source A related resource from which the described resource is derived Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource <a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tract 107 - I Identifier An unambiguous reference to the resource within a given context kendall-david-tract-107-i Kendall https://omeka.lib.jmu.edu/erp/files/original/e784cbada9b293471721465df4422db6.pdf df34c818ab083d7847ef1d0655fd9cb4 PDF Text Text Rappahannock County NAME OF CLAIMANT , David - - Kendall Lap on Julia c. Overall Heirs. $107 11 Number of Acres : Location : 36 Hear head cf Frazier Run a tributary of Thornton River, entirely within the Park area It is six niles to the Lee Highway near Sperryville , over a very rocky county road ; thence nineteen miles to Luray, th nearest shipping point. . Roads : . Soil : The soil is a fairly fertile sandy clay loam at the lower V elevations, On - ne steeper slopes it is less fertile add has a shale subsoil. The slopes are moderately steep 4 History of Trauma timber includln die t nut oak for tanbark , has been removed from this tract. cleared portion was cultivated for many years but now The grazing is the V1-vsinciple use. . V ' Improvements : Hone. Acreage and value of types : Types Acreage Value per acre 36 £2.50 | 65.00 15.00 150.00 215.00 Total Value Ridge : Slope : v Cove : Grazing Land : 10 ug • ^ Fields Restocking : Cultivated Land : Orchard : Minerals : Value of Land : $ 215.00 Value of Improvements : $ Value of Orchard : $ Value of Minerals : $ Value of Fruit : $ Value of Timber : $ Value of Wood : $ Value per acre for tract : $ 5.97 Incidental damages arising from the taking of this tract : $ Hone. C L2RK. �Rappahannock County: .’iodnont District t - #107 11 ~ Xfcndall, 1)ivid Lap on X . cred ge Julia 0, overall noire c Xu imed: , Value alained: Assessed: 65 Deed: 6b Assessed: #195,00 Deed ; Ares: crcs 35 Hear head of Frasier 1 un a tributary of Thornton River, entirely wit io the Park Area location; . . or 'laps; All of the land claimed by Incaabranoes counter claims ' ' ' . f David endW i lies WTt'nin two subdivisions of the verall survey which/asaigned to Juliu C* overall and Ann P were Jolliffe* . mxi The soil is a fairly fertile sandy clay lorn at the lower elevations On the steeper slopes it Is less fertile The slopes are moderately steep and has a shale subsoil a fairly surface smooth with : dc ; Kut. h is six miles to the Acs Highway near Sperryville, over a very rooky county road; thence »1neteon miles to luray, the nearest shipping point . . . . History of ; All merchantable timber tract sad condition oftimber ' ' " ) ; on for tunbark, bus boon removed from incl idiiv choVtnuF The clearad portion was cultivated for many this tract yours, but now gra*ing is the principle use ' . Improvements: Value of land . . Son® by typos; Value par Acreage ^. Tu . 5 (JO 2.50 26 36 - Tot 1 v 1 io of land Total value of tract Average value per X — Hots acre Total Value acre oo :isu. , ' 63 00 i y • X-U ft 215.00 * « «• « » * « « 315.00 | 5.97 , ..• Includes lap #10741, - - - The land covered by the reports, for laps #107 1 and #107 11, {coat’d} acquired in 1900 . 0J �-2 - - $107 11 Kendall, David lap on Julia g overall Heirs . . Note: ( cont ’d) The description in the deed is as follows: Adjoining lands of John Waters, Sarah 0 Judd , and J W Kendall known as Sdward Bolen tract of land lying on east side of Naked mountain containing 65 acres The line between this tract and the J w Kendall tract was sho n by the tenant residing on the tract . . .. . . � 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, David Description An account of the resource <p><strong>Tract: </strong>107 - II; </p><p><strong>Location: </strong>Near head of Frazier River; </p><p><strong>Cost/Acre: </strong>$5.97; </p><p><strong>Estimate Value: </strong>$215.00; </p><p><strong>Number of Acres: </strong>36.0; </p><p><strong>Monies Awarded: </strong>$215.00</p> Source A related resource from which the described resource is derived Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource <a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tract 107 - II Identifier An unambiguous reference to the resource within a given context kendall-david-tract-107-ii Kendall Overall 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 <p><strong>Tract: </strong>106 - I; </p><p><strong>Location: </strong>East slope of Naked Ridge; </p><p><strong>Cost/Acre: </strong>$3.15; </p><p><strong>Estimate Value: </strong>$60.00; </p><p><strong>Number of Acres: </strong>19.0; </p><p><strong>Monies Awarded: </strong>$60.00</p> Source A related resource from which the described resource is derived Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource <a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tract 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 https://omeka.lib.jmu.edu/erp/files/original/0dfcff0bfbf409f3968474ad4b6f3d3f.pdf 2e094b0c16cb87521f12c759b5384075 PDF Text Text ! Rappahannock County NAME OF CLAIMANT Kendall, J . #106 11 - — T'T it Lap on Julia • c. Overall . Heirs Number of Acres : 484 Location : Roads : From 31k Wallow Gap south along Frazier * s Run and on the eastern slope of Naked Ridge , and entirely within the Park area. Six miles of rough dirt road to Lee Highway near Sperryville thence seventeen miles to Lurav , nearest shipping point. 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 Portion of fields along stream are tillable. History of tract an condition of timber: Tanbark removed about 30 years ago. Several portable sawmills have been in there since and all merchantable timber was removed. The trees which are left are scattered. There is a fine stand of yomg oak growing on slope east of Thornton River. . . Improvements : There are two dilapidated log houses, unoccupied with . a few old neglected apple trees on this tract Acreage and value of types : Types Value per acre Acreage Total Value Ridge : Slope : 418 A o Rn 01045.00 15.00 990.00 $2035.00 Cove : Grazing Land : 66 'fed Fields Restocking : Cultivated Land : Orchard : Minerals : 0 100.00 2135.00 Value of Land : $ 2035.00 Value of Improvements : $ Value of Orchard : $ Value of Minerals : $ Value of Fruit : $ Value of Timber : $100.00 Value of Wood : $ Value per acre for tract : $ 4.41 . Incidental damages arising from the taking of this tract : $ None . CL3RK �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 �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- * �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 ��" 4Ci VI - “I T -‘ I1 �I �. 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 ��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 ��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 ��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 �. 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 <p><strong>Tract: </strong>106 - II; </p><p><strong>Location: </strong>East slope of Naked Ridge; </p><p><strong>Cost/Acre: </strong>$4.41; </p><p><strong>Estimate Value: </strong>$2,135.00; </p><p><strong>Number of Acres: </strong>484.0; </p><p><strong>Monies Awarded: </strong>$2,135.00</p> Source A related resource from which the described resource is derived Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource <a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tract 106 - II Identifier An unambiguous reference to the resource within a given context kendall-jw-tract-106-ii Kendall Overall https://omeka.lib.jmu.edu/erp/files/original/114609e87d3ddf76856f8180875c9aff.pdf 1eb6c592ffd69dc1df23dcf40efe6412 PDF Text Text Rappahannock County Bampton District NAME OF CLAIMANT # 55 - Keyser , John A . Number of Acres : 184 Location : On the south slopes of the Blue Bidge between the Gravel Spring Branch and Devil Stairs Bun adjoining the remainder of the original tract , which lies outside of the Park area . This tract is located 24 miles from Front Boyai , the nearest rail Roads : road station , over five miles of unimproved county road , and 19 miles of improved macadam road . - a sandy clay loam of good depth and fertility for The slopes are gentle to moderately steep and smooth ex mountdin land cept near the southwest corner of the tract where the surface is exceeding ly steep and rocky The tract has a south and west exposure All of the mature chestnut oak timber was cut for bark about 30 years ago wa $ An area of approximately 10 acres near the eastern boundary of the tract cleared for cultivation many years ago but it has long been abandoned , and ii now completely restocked with a yonng stand of hardwoods from two to four All the chestnut timber both large and small has been inches in diameter Forest fires have only slightly in killed by the blight in recent years jured the present stand of merchantable but they have so severely burned an area of approximately 32 acres on the west side of the tract o merchantable timber remains and the reproduction is of inferior y ana species Improvements: None Soil: phe soil is chiefly . -- . . . . . - # # Acreage and value of types : Total Value Types Acreage Value per acre Slope : 174 $3.00 1522.00 Cove : 10 4.00 40.00 & §562.00 Grazing Land : Cultivated Land : Orchard : Minerals: Value of Land : $ 5 6 2 . 0 0 Value of Improvements : $ Value of Orchard : $ Value of Minerals : $ Value of Timber : $ 1 6 6 5 . 0 0 Value of Wood : $ Value per acre for tract : $ 12 * 10 Incidental damages arising from the taking of this tract : $ 31665.00 §2227.00 �* • a /t S 3' V-< . of Claim , At Law. ftf County, Virginia, No. fer In the (Ci uit Court of..6 2 ation and Development of the State of Virginia, PetiThe State Commission on Co 3 tioner, ' a/ tr a ^ ^ ^^^^^ £ ^ ^. ^ ounty, Virginia, Defendants. more or less, of land m.ssfa The undersigned, in answer to t’ t t 'etition 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 County, Virginia, asks leave of the Court to file this Court of as his answer id petition and ) said notice. v My name is y My Post Office Address is I claim a right, title, estate or interest in a tract or j> arcel of land within the area sought acres on which there are the followin to be condemned, containing about. t !! buildings aijd im ovements : _ —— ^ _ ^ _ Lr SS » ( _ ^ ^^ ^ 42 — — ^ This land is located about nsL ' 2r f j/( ^ ^^^_ ^ - JO / Virginia, in iles agisterial District of said County. J 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 ) . . - 17* ^ ^ ^ The land owners adjacent to the above described trapt or parcel of land are as follows : North i < ~ r 4 rr C South _ kr _ -_ V ^?^ _ ^^ s East - (Jj West - -ATV lacquired my right title, estate QT interest to this propert ) following manner: At.' 6*5 ^ _ ut the year /_?££ in the " 1 at 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 I am the owner of - sbife -A 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 ). ^ aflm _ Remarks: £ _ Q^Cs j&<jr f Z/ jr s. _ zzt tsr&Z!zZZZ*Z?- J Z /s&K __ Wi of ^ iess ^^^ S Zl - L _ __ _ ZZ/L - 24 ^ ^^ rZ Z <rZS ( my signature ( or my name and i ^ ^ r Continue remarks if msrt att he necessary on the back ) . SS day s t ' ’ ^ ^ ^ ^ ^ ^ - im ^ , To-wit : ! VIRGINIA, COUNTY OF.. The undersigned hereby certifies that. & lired before him smd made oath that the matters the above named claimant personally and things appearing in his above answer are true to the best of his knowledge and belief , 1930. d X!' day oi this STATE AM _____ 2 H 2 — VS the Court, or Speeiid Lwesfeigater-ar c: Notary Public, or Justice- of the Peace. - ' S-CC CTl*J <L - - ^4 ��^ County: Rappahannock Hampton District: - Keyser, John A. 377 A. Assessed: #55 Deed: Claimed: Deed: Assessed: $6500.00 Value Claimed: The area and value claimed cover two separate tracts *Note: Eact tract is a part of a within the Park area larger tract and the portion outside of the Park area consists for the most part of improved farm land Neither the assessed value, the purchase price, nor the area as purchased can be determined from any available records Eaton, Stoneburner, and Shifflett Examined by: On the south slopes of the Blue Ridge between the Gravel Location: Spring Branch and Devil Stairs Run, adjoining the re mainder of the original tract which lies outside of the Park area Incumbrances, counter claims, or laps: None so far as known ^Acreage • . . . . - . Roads: . This tract is located 24 miles from Front Royal, the nearest railroad point, over five miles of unimproved county road and 19 miles of improved macadam road The soil is chiefly a sandy clay loam of good depth The slopes are gentle and fertility for mountain land except near the south steep smooth and moderately to is exceed surface the where tract the of west corner a and west south has tract The rocky steep and ingly . Soil: . . -- . exposure All of the mature chestnut History of tract and condition of timber: oaktimber was cut for bark about 30 years ago An area of appc* oximately 10 acres near the eastern boundary of the tract was cleared for cultivation many years ago but it has long been abandoned and is now completely restocked with a young stand of hardwoods from two to four inches in diameter All the chestnut timber both large and small has been killed Forest fires have only by the blight in recent years, slightly injured the present stand of merchantable but they have so severely burned an area of approximately 32 acres on the west side of the tract that no merchantable timber re mains and the reproduction is of inferior quality and species The total estimated stand of merchantable timber on the tract is 370,000 feet B M with an average stumpage value of The proportion of the stand by species $4.37 per M ft is oak 32$, poplar 50$, basswood 8$, hickory 6$, white pine 2$ and ash 2$ . . - . . . .. . Acreage and value by types: Acreage: Types: 10 Cove 174 Slope Total Value Value Per acre $4.00 3.00 $40.00 522.00 $562.00 184 $562.00 Value of land: Value of timber 370 M @ $5.50$1620.60 . $2182.60 Average value per acre for tract — $11.86 � 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 Keyser, John Description An account of the resource <p><strong>Tract: </strong>53; </p><p><strong>Location: </strong>South slopes of Blue Ridge between Sugar Tin Branch and Gravel Spring Branch; </p><p><strong>Cost/Acre: </strong>$10.81; </p><p><strong>Estimate Value: </strong>$1,939.00; </p><p><strong>Number of Acres: </strong>177.0; </p><p><strong>Monies Awarded: </strong>$1,939.00</p> Source A related resource from which the described resource is derived Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource <a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tract 53 Identifier An unambiguous reference to the resource within a given context keyser-john-tract-53 Keyser https://omeka.lib.jmu.edu/erp/files/original/dd4b523d336d96824b8c88fde0970912.pdf 2aad6f7f38f7d8a6c50dd68745ae0ab4 PDF Text Text Rappahannock County Hampton District NAME OF CLAIMANT # 55a Number of Acres: 177 - - Keyser , . Jno A, . On the south si pes of the Blue Ridge between the Sugar Tin Branch Location ana the Gravel Spring Branch It is five miles from this tract over an unimproved dirt road to Washin gton thence 19 miles on an improved macadam road to Front Royal , the Roads: . neares x railroad point . The slopes are The clay varies from a clay to a sandy clay loam moderately steep with a south exposure and there are only a few relatively small outcrops of rocks History of Tract and condition of timber: All 1he mature chestnut oak timber was cut fo: bark about 30 years ago and considerable of the chestnut timber has been re moved since the spread of the blight within the past 16 years , The rer . ain ing stand of merehantable timber is practically all hardwoods of average quality for this loc lity Soil: . -- . Improvements: and a garden . Old abandoned house , no value , some right good apple trees Acreage and value of types : Value per acre Acreage Types Slope : 98 Cove : 21 Grazing Land : 58 Total Value $3.00 $294.00 (Q 5.00 105.00 Q 10.00 580.00 §979.00 177 Cultivated Land : Orchard : Minerals: Value of Land : $ 979.00 Value of Improvements: $ 50.00 50.00 Value of Orchard : $ Value of Minerals: $ Value of Timber: $ 910.00 Value of Wood : $ Value per acre for tract: $ 10.81 Incidental damages arising from the taking of this tract : $ 910.00 G 959.0 fl �* • a /t S 3' V-< . of Claim , At Law. ftf County, Virginia, No. fer In the (Ci uit Court of..6 2 ation and Development of the State of Virginia, PetiThe State Commission on Co 3 tioner, ' a/ tr a ^ ^ ^^^^^ £ ^ ^. ^ ounty, Virginia, Defendants. more or less, of land m.ssfa The undersigned, in answer to t’ t t 'etition 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 County, Virginia, asks leave of the Court to file this Court of as his answer id petition and ) said notice. v My name is y My Post Office Address is I claim a right, title, estate or interest in a tract or j> arcel of land within the area sought acres on which there are the followin to be condemned, containing about. t !! buildings aijd im ovements : _ —— ^ _ ^ _ Lr SS » ( _ ^ ^^ ^ 42 — — ^ This land is located about nsL ' 2r f j/( ^ ^^^_ ^ - JO / Virginia, in iles agisterial District of said County. J 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 ) . . - 17* ^ ^ ^ The land owners adjacent to the above described trapt or parcel of land are as follows : North i < ~ r 4 rr C South _ kr _ -_ V ^?^ _ ^^ s East - (Jj West - -ATV lacquired my right title, estate QT interest to this propert ) following manner: At.' 6*5 ^ _ ut the year /_?££ in the " 1 at 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 I am the owner of - sbife -A 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 ). ^ aflm _ Remarks: £ _ Q^Cs j&<jr f Z/ jr s. _ zzt tsr&Z!zZZZ*Z?- J Z /s&K __ Wi of ^ iess ^^^ S Zl - L _ __ _ ZZ/L - 24 ^ ^^ rZ Z <rZS ( my signature ( or my name and i ^ ^ r Continue remarks if msrt att he necessary on the back ) . SS day s t ' ’ ^ ^ ^ ^ ^ ^ - im ^ , To-wit : ! VIRGINIA, COUNTY OF.. The undersigned hereby certifies that. & lired before him smd made oath that the matters the above named claimant personally and things appearing in his above answer are true to the best of his knowledge and belief , 1930. d X!' day oi this STATE AM _____ 2 H 2 — VS the Court, or Speeiid Lwesfeigater-ar c: Notary Public, or Justice- of the Peace. - ' S-CC CTl*J <L - - ^4 ��CO Tl DioT: ICT: ' V i • - Sla . Kjevser J' i « A* sed 377 Across as© ft jMgFsMSI CG500.00 * The area and value claimed cover i Tlotet RAFlPJSANF OCK nusrroN Deed A* A '5 two separate tracts within the Park area * East tr: ot is a part of a larger tr et and the |ortion outaide of the lark area conslots for the moot part of improved farm land * ! either the assessed value the 3 §f MV the mm a imrebeeel i A be d#ten ieed fyH any available re ordo bvi Baton Shifflett end stonebumor On the south slopes of the Blue Fide© he mi tween tii® Supir Tin Braneh and Hie Grovel Spring Branch , . ^v . counter . - . Hone so far as nown eInina * etc,: Xt ia five wiles from this tract over an un improved dirt road to • aahington thence 19 mile© on an improve; meads* road to Front Royal , the nearest railroad point * The soil in varies from a olay to n candy el y loam The slope© are rmoderately steep w with a south exposure and there are only a , - . SSlU History * . Incumbrances Roads; , of tmnt nnnfll and considerable of the chestnut timber has boon removed since the spread of the blight within the past 15 years The remaining stand of merchantable timber is jraeticully all hardwoods of average Quality for this . . oeility Timbers T..e total estimated stand of merchantable ti bor on thbft tract is 182 * 000 foot B, H* with an average stuinage value of The proportion by a ecles 5,00 per r * foet is oak 24>i, poplar 58£, bosowood 12 ash £[ > hickory and other sj ecles 2; . , Value iigzm&umsi •Vi * hexoar® a Gove Slop© n , Value of timber 102 000 ft Q Total value of tr ct 5 Value per aer© for tract per acre 3.00 5.0 #608.00 910.00 1578 /00 9.27 .. Total Value m:88 w ^, �bounty: Rappahannock Hampton LjuStrict: . A• - #55 a, Keyser, Jno t li II N JK n *v • . ll: II * //; * fv n * .. J J Miller Est * si O' O O * \ o * \ * * VV > o V?^t * nt \ * « »« * 4 CP \ A Mr LEGEND: Cove Slope Ridge Scale - Orchard Grazing Land Tillable Land (& Fields re stocking ) 1" S 20 chains - � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Rappahannock County SNP Records: Court Proceedings Description An account of the resource The first series in the Rappahannock County SNP Records collection consists of 350 files related to the court proceedings from The State Commission on Conservation and Development of the State of Virginia v. Clifton Aylor and others, and Thirty-Seven Thousand Four Hundred (37,400) Acres of Land, more or less, in Rappahannock County, Virginia. This was a court case initiated by the state of Virginia in order to acquire privately held land located within the boundary of Rappahannock County in the northern Blue Ridge Mountains. Within the boundaries of eight counties, the state of Virginia, in collaboration with the Federal government, used eminent domain condemnation, a process that involves the seizure of an individual's private property for public use, without the owner’s consent, but with payment of compensation to create the Shenandoah National Park. The documents in this collection are the legal proceedings for each individual tract of land that made up the one court case. In most cases, the individual case files consist of property surveys, assessments for the value of the land and improvements, and claims by the owner of the property. Creator An entity primarily responsible for making the resource Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Date A point or period of time associated with an event in the lifecycle of the resource Bulk of the collection dates 1930 to 1934 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Keyser, John Description An account of the resource <p><strong>Tract: </strong>53 - A; </p><p><strong>Location: </strong>South slopes of Blue Ridge between Gravel Spring Branch and Devil Stairs Run; </p><p><strong>Cost/Acre: </strong>$12.10; </p><p><strong>Estimate Value: </strong>$2,227.00; </p><p><strong>Number of Acres: </strong>184.0; </p><p><strong>Monies Awarded: </strong>$2,227.00</p> Source A related resource from which the described resource is derived Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource <a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tract 53 - A Identifier An unambiguous reference to the resource within a given context keyser-john-tract-53-a Keyser https://omeka.lib.jmu.edu/erp/files/original/b0460ec6bd51e4ce81a7b57bcddecab7.pdf afc876876eb52487e167a99ca49c5564 PDF Text Text Rappahannock County r * NAME OF CLAIMANT #65 Number of Acres: 124 Location : Roads : - . Keyser, Lula W - Gid Brown Hollow at Positions 140 43 Only part of tract lies within park area There is no damage to land outside* . It is 6 miles over roads (rough) to the Lee Highway and thence 19 miles to Luray, the nearest shipping point Soil : The soil is a sandy loam rather thin and shallow and of low fertility. There are numerous rock outcrops The slopes are steep and medium with a flat on the northwest side of the tract The gen eral exposure is to the south and east . . . History of Tract and condition of timber : - . The tan bark was removed twenty or thirty years ago and the best timber has been cut The locust was cut' several years ago There has been little fire and there is good young growth Timber: The remaining stand is rather open and consists of thrifty trees from 10 to 20" DBH with occasional trees to 30" On 112 seres the esti Poplar 26 M mate is as follows: Oak 135 M Others 8 M . — Improvements: . . - .. — — . - -- - . Acreage and value of types : Value Acreage Types per acre Total Value Ridge : Slope : 105 @ $3.00 #315.00 Cove : 7 @ 5.00 35.00 12 @ 7.00 84.00 $434.00 Grazing Land : Fields Restocking : — Cultivated Land : Orchard : Minerals: Value of Land : $ 434 00 # Value of Improvements : $ Value of Orchard : $ Value of Minerals : $ Value of Fruit : $ Value of Timber: $ 579.00 Value of Wood : $ Value per acre for tract : $ 8 « 17 Incidental damages arising from the taking of this tract : $ None # 579.00 1013.00 # �r . 5 ^*£^*^ * »_ _ _= - <£ A4 Claim of _ , , Virginia County No . . . In the Circuit Court r , At Law The State Commission on Cons rvaiiop, and Development of the State of Virginia, Peti .. tioner, vs. -. ? -1- J ^ O ^ Qfbfefi ± 7 ' County, Virginia, Defendants. more or less, of land in -- SThe undersigned , in answer to the $evition 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 pfjsaid^ petition and published in accordance with the order of the Circuit County, Virginia, asks leave of the Court to file this Court of as his answer to sitfd petition and to said notice. My name i . s My Post Office Address is I claim a right, title, estate or interest in a tract or parcel of land within the area sought acres, on which there are the following to be condemned, containing about buildings and improvements : ^_ — Virginia, in miles from.. This land is located about 1 the t ZnJfc/ .Magisterial District of said County. I claim the following right, title, estate or interest in the tract or parcel of land described above : ( In this space claimant should say whether he is sole owner or joint owner, and if joint owner give names of the joint owners. If claimant is not sole or joint owner, he should set out exactly what right, title, estate or interest he has in or to the tract or parcel of land described above ) . ^ ^ ^ The land owners adjacent to the above described tract or parcel of land are as follows : N O R South East Jiff - ± west — - ffl £ -- T H = Uk - ff 1 zed- - / . A r < .- A - 3-A-JL- L Y- ^ I acquired my right, title, estate or interest to this property about the y e a r. following manner : My iS-C-O. .i n the & I claim that the total value of this tract or parcel of land with the improvements thereon is § - H j2&r _/icr.e I claim that the total value of my right, title, estate or interest, AXLSI. 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 oi - - j4r Pparcel 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 $ lL7L ( 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 ) . day Witness my signature ( or my name and mark attached hereto ) tlys , 1930. of . / it; OF , COUNTY STATE OF VIRGINIA —y 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 , , 1930. day of this __ * Clerk of the Court, or Special Investigator or Notary Public, or Justice of the Peace. �4 t \ * « i» FILED IN CLERK’S OFFICE) ' T - F*; ( /; * iyAIIA^ NOCX i . QOtfNTY • Clerk �t E ._ W _ _ _ __ C h e l f j _Guard i an ad litem Claim of . In the Circuit Court of. ?apPAhannpck County, Virginia, No.JL 4SL , At Law. The State Commission on Conservation and Development of the State of Virginia, Peti Clifto n_ Aylor et _ _al s _an d 37 , 400 _ a.Q.r@_s tioner, vs. _ _— _ _ __ _ _ __ - __R _ 8Pp &h Jl&C>£ij£ § 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 rCounty, Virginia, asks leave of the Court to file this Court of _ Rapp_ahannQ£k. as his answer to said petition and to said notice. My name is E • W • Chelf j_ Guardian a d _ 1it_em_ _ jf or_ _ Lula_ W • Keyser WAshJLng.t.QJO _ _Ya_ _ My post office address is ** ^ I claim a right, title, estate or interest in a tract or parcel of land within the area sought l£_4 to be condemned, containing about acres, on which there are the following buildings and improvements : Horn _ _ _ _ _ _ Wash i ng ton. This land is located about 9 miles from Virginia, in the Ji 51H 9H _ 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. ) Sole _ pwner ___ ^ ^ __ The land owners adjacent to the above described tract or parcel of land are as follows: J J Miller Estate North _ W Keys er . South . _ East __ _ _J * _ BJg _ _and E JEtore ,_ A.» JBail£Y * HicharA _Partl_cm Alfred Jenkins West _ . . ._ — _ _ _ _._ _ _ _ __ I acquired my right, title, estate or interest to this property about the year 19U following manner : By p_ur ch a se in the _ I claim that the total value of this tract or parcel of land with the improvements thereon is 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 $ 2480.00 I am the owner of acres of land adjoining the above described tract or parcej of land but lying outside the Park area, which I claim will be damaged by the pro posed 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 Witness my signature ( or my name and mark attache/} hereto ) this , 1930. of _May _ JJ13.2. Rappahannoc STATE OF VIRGINIA, COUNTY OF. __ §. on the back ). ! jfi The undersigned hereby certifies that 1 ‘ appeareo Deforel mnr and bath that the matters the above named claimant personally and things appearing in his above answer are true to the best of his knowledge and belief , May day of . this. 6th , 19302 ^ ' ./ Clerk of the Court, or Special Investigator or Notary Public, or Justice of the Peace. �• #65 - . . COUNTY: RAi FAHAHNOCK DISTRICT: HAMPTON .. Keyser, L W Acreage in claim: 124 acres Value Callmed: #2400.00 Examined . L. E. W. H. S. by: J & ... C H B -.. location: Gid Brovin Hollow at positions 140 43 Only part of tract lies within #ark area There is no damage to land outside Roads: . . Incumbrances , counter claims, dtc «: i . *assess d 282 A tf | 2275.00 None known It is six miles over roads (r ugh) to the Lee Highway and thence 19 miles to Luray , th nearest shipping point . ' soil: . The soil is a sandy loam rather thin and shallow and of low fertility There are numberous rock outorops. The slopes are steep and medium with a glat on the northwest side of the tract The general exposure is to the south and east, . • , i condition of timb r: The tan bark was removed twenty or thirty years ago and the best timber has been cut The locust was cut several years ago There has been little fire and there is good young growth Timber: The remaining stand is rather open and consists of thrifty trees ffom 10" to 20" DBH with occasional trees to 3§"/ On 112 acres the estimate is as follows: Oak 135 M valued at 3.00 ; ^ per or #405,00 Poplar 26 M valued at 5,00 per M or 150.00 Ot ers 8 M vilued at 3.00 per M or 24.00 / .. /< . Total 169 U Improvements: None Acreage and v lue by types: Acreage es l ope Cove 105 7 FR 12 124 Total value of land &8S 8f &§8fr ht . Average value per acre Value #579.00 Total Per Acre 03.00 5.00 7.00 35.00 84.00 $4*34•00 Only part of tract 1013.00 included within the 8.17 Park Area tarn . �County: Rappahannock District: Hampton #65 - Keyser, L. W. A iiier ^ . .^Estate J J . & E Gore \ oT . A Bailey . R Partlow Alfred Jenkins U \ ' i0 tiu / 43 Cove LEGEND: Orchard Slope Ridge Scale - Grazing Land Tillable Land, Fields restocking 1" s 20 chains �VIRGINIA: . IN THE CIRCUIT COURT OE RAPPAHANNOCK COUNTY The State Commission on Conservation & Development of the State of Virginia Petitioner vs Answer of Guardi an ad Litem Clifton Aylor et als, and 37,400 acres of land , more or less Defendants • . Keyser, an The joint and seperate answer of Lula W incompetent person, by her guardian ad litem and the answe r of the said guardian ad litem for the said incompetent defendant, to a petition at law exhibited against her and others in the Circuit " Court of Rappahannock County, Virginia, by The State Commission on Conservation and Development of the State of Virginia. i'or answer to the said petition or to so much thereof as she is advised that it is material that she should answer, answers and says; that she knows nothing of the matters set forth in the said petition and by reason of her incompetency is incapa ble of understanding or taking care of her rights and interests ; she therefore, by her said guardian ad litem, commends herself, and her rights and interests, to the protection of the Court and prays . that no order may be entered which will tend to her prejudice The said guardian ad litem, reserving to himself the benefit of all just exceptions to said petition, answering for said incompetent defendant, answers and says; That he is the guardian ad litem appointed to defend the above named incompetent defendant, who is the owner, or the owner of an interest, in a tract of land involved in these E. w. CHELF ATTORNEY A T LAW WASHINGTON. VA. proceedings, and alleged to contain about 124 acres, and being designated as tract 65 in the record of these proceedings; but that he knows nothing as to the truth or falsity of the statem ents contained in the said petition, and he prays for the full . protection of the Court for said incompetent defendant Now, having fully answered, these respondents pray to �> ' • ? s rr The State Commission on •H Conservation & Development of the State of Virginia ^ *T3 3 o> 95 C> H o VS o . +7 1J <J) I X •H * Clifton Aylor et als , and 37 , 400 acres of land , * more CP « •H or less . «M 03 . H a * * H » Answer of k •H H Guardian ad Litem ' -h> ‘rj <T> •H •H Sr* : t £ 03 £ * (T) * M KJ . - • 4 1 +0 TrnLKD IN ’ CLERK’S OFFICE 7k. ** v RAPPA HANNOCK COtTWYY . &2uA /ZctA, nJ 3 4* 03 •H r I <D O r; •t 1 >> vy Teste: •> V •s •H 03 73 t : c/ - 4> ’ -1 O ‘o IV* * 03 ^-> T *•» v •H 1 <D t ‘ i > • �Thw State Commission on Conservation and Development of the State of Virginia, Petitioner vs • Clifton Aylor and others and Thirty Seven Throusand -B Hundred ( 37,400 ) acres of land County,Virginia, Four ore or less in Rappahannock Defendants• . day On this the 12th of March 1934, the above styled proceed - ing was called in open Court, in pursuance of the order entered . day of February 1934, aacttxx continuing the hearing mentioned in said order of February 23 . 934, to ^ herein on the 23rd ^ this date, and thereupon came the petitioner by counsel; but the Court announced its desire and purpose to hear and . determine the matters to be submitted on Wednesday, March 14th 1934 at eleven o ’clock A,M•, instead of on this date,and petitioner consenting thereto , and no other party objecting, it is ordered that the hearing fixed for this day by the . said order of February 23 rd 1934, be and the same is hereby a . continued and set for Wednesday March 14th 1934 at eleven .. o ’clock A M �f • exli noibaviBanoO no nofsa /mmoO Bead S wrfT ^neniqoIeveCI bOM iO J ’ - nenoiiite'I tainiaijV lo sialE « .a v i 1U 01?. rlT neve *7 doc : ; i aeel . .. ? o . » 1 ^ - V* • .. . • *• f aj a n i i o o " * . a n , et .no v/ ; . » Z< f »? ed si © Ie • r. -x x c . sai 30 o DOB : . ' 1 v; • J © nice . f :- . • j - exit *£^ I*i£#AX « .. ' :t i r I , aixit £S Sni - exit no nie ienf ^n i i -e erf sdt b v l fwS f tuonrtB iauoQ arfJ Jucf 3 Ji .. - . [ si l ‘ . t & -yr e A dC 0 1 0 * 0 © rit ’M saiiraeisb . 8V 8 tv . o i £ f fI aaoo *renoititeq sa ^ ^s8 rf * NX X. © rfi ©d dov .sU V \. .• nocne - ied; bna * © Jab aid! 4 bsxil oi tnem 1 ; ’ - . b ni '-bell /xo sa ' . , d 8 ‘ lo \>sb <: . " i : d no lo basJeni - te - I </1 i; C . ^C ) •dtSI edi ^£^ InirioiaM- : loo ^ nsqo / eaoqiuq 76 *^ V. • ^ ( OO-f t \d "isnoi -tijeq ent .. : 1 xo aeioa >. .. ti • xri . ’ * r XBERF oJ . J1 t o ) f a ec , liicK ; i exit 8 © voda aieriJ o boa noI A noililD JOS v,.sfcx n &©¥ l£ rft benebio ei ti v -x oted el lo tefrio bin - , 10I tea bos bewail * • : r - ? . . \£ �be hence dismissed with their reasonable costs in this behalf expended . / PC. M Guardian ad Litem By and Guardian ad Litem . Keyser Lula ¥ State of Virginia, County of Kappahannock, towit: . . Chelf, guardian ad L ¥ . Keyser, litem for Lula V the incompetent defendant named in the foregoing answer, after being U | f , ; . sworn, says that the statements of fact contained therein are true Given under my hand this /X . day of July, 1933 0. fry/ (? . Subscribed and sworn to before me this /f t ^ ay . of July , 1933 ^ AJL&IJL X ommissioner in Chancery E. w. CHELF ATTORNEY A T LAW WASHINGTON. VA. •. � 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 Keyser, Lula Description An account of the resource <p><strong>Tract: </strong>65; </p><p><strong>Location: </strong>Gid Brown Hollow ; </p><p><strong>Cost/Acre: </strong>$8.17; </p><p><strong>Estimate Value: </strong>$1,013.00; </p><p><strong>Number of Acres: </strong>124.0; </p><p><strong>Monies Awarded: </strong>$1,013.00</p> Source A related resource from which the described resource is derived Rappahannock County Circuit Courthouse Publisher An entity responsible for making the resource available JMU Libraries Rights Information about rights held in and over the resource <a href="https://creativecommons.org/licenses/by-nc/4.0/" target="_blank" rel="noreferrer noopener">https://creativecommons.org/licenses/by-nc/4.0/</a> Format The file format, physical medium, or dimensions of the resource PDF Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Tract 65 Identifier An unambiguous reference to the resource within a given context keyser-lula-tract-65 Keyser https://omeka.lib.jmu.edu/erp/files/original/d6e7e1cba17572d76b4ac2d8eab84d2c.pdf a8cdf44bc2d741c2e08f16fccdcaa354 PDF Text Text T NAME OF CLAIMANT ,249 - King , J • .: .. 1 Number of Acres: ?O Location: Roads: Soil: ::0tueen 1 'i le Rnn c..n'' 10 :1 le l·.m ne :t rock - . . . r . This trQ.Ct i..., . :--t lTr i -:si . , nd rt ly out uidc o·" the r ....:::: re T T ,!o mi 1 ... f, ovo ~ conn t;v ro, c to Is 1 ntl .,,ord.• Slope . History of Tract and condition of timber: ._ll merchc..nt ....1.ble tin r :!'L.:: be .,., Improvements: Acreage and value of types : Types Acreage Value per acre Total Value Ridge: 70 Slope: _;,0 . 00 3:30 . 00 Cove: Grazing Land: Fields Restocking: Cultivated Land: Orchard: Minerals: Value of Land: $ 350. 00 Value of Improvements: $ Value of Orchard: $ Value of Minerals : $ Value of Fruit: $ Value of Timber: $ ValueofWood: $ ~G').oc Value per acre for tract: $ 8. 7 4 Incidental damages arising from the taking of this tract: $ rone. �Claim of_ _____ J. Jr• _King_ __________________________________________________________ _ In the Circuit Court of_ ___:(t.9_~j. A~__________ County, Virginia, No. __ .l_~?-~, At Law. The State Commission on Conservation and Development of the State of Virginia, Petitioner, vs. ____aana.m.:;r.a__La_w:s.on_A..tJ.ti.n§_,___41t_Jil.a.. _, __a.n.d._5.2..,-.5.6..l_a..o.:r.e.a. ______ _ more or less, of land in _____ R_Q.Qkl? l~~------- ---County , Virginia, Defendant s. 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_ __ J t9£~~@ ~-------- - County, Virginia, asks leave of the Court to file this as his answer to said petition and to said notice. My name is __ __ J '-- W. _I:Cin_g ________________ ______ ____ ___ _________ ___ ·_______ _ My post office address is __ __ Elkt_on~ __va~_,.._R~i f:_.. ________ _______________ _____ I claim a right, title, estate or interest in a tract or parcel of land within the area sought to be condemned, containing about__~p.. : c. .~:t'. 5-Q ______ acres, on which there are the following buildings and improvem ents: ___ ______________ _____ ______ __ ________ ___ ___ ______ _________ _ This land is located abouL..Se.YJ~n_ ___ miles from _____ .Elk_ton +--------- -----Virginia, in thei...t..on~~a.l_l. ____ Magisteria l 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.) sole owner. ------------------- ---------- ---------- ---------- ---------- ---------- ---------- ----------------- ---------- ---------- --------------------- ---------- ---------- ---------- -------- The land owners adjacent to the above described tract or parcel of land are as follows: North ______ 0. _ D. _ Sellers ---------- ---------- ---------- ---------- ---------- ---South ______ Raina: s and _Shiffle tt-------- ---------- ---------- ---------- ------East ____ ___M. _H. _Harriso n ______________________________ ______________________ _ West_ ___ ___ Raim s_ and _Shiffle tt-------- --------- ----- ---------- ---------- --I acquired my right, title, estate or interest to this property about the year __ l_~if>___in the following manner: _ by _deed _from:i. Jno ._ VI._ Morrison _, __Speoial._ Commi ss ioner...,__{or _Trustee ) I claim that the total value of this tract or parcel of land with the improvem ents thereon is $J~,5..0.Q..,_QQ _____ . I claim that the total value of my right, title, estate or interest, in and to this tract or parc·e1 of land with the improvem ents thereon is $--~~_p_QQ_._QQ____ . I am the owner oL45__or__50_____ 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 (In the space below should be set out any additional statements or informatio n 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: ___ tl1-~-~_Q.QY_fl_l.a.11g.__to__b.~__t§..kErn._.i.s __ftXUtlos_e_d _Jl;t:_w_ir.e._fs,..no..ing, $_j,!~.g.~~--ii~... ) _which_I should _like_ to_remov e, _presum ing _that _the_ f encing_ would_n ot be of any use to the park area. ---------- ---------- ---------- ---------- ---- (Continue remarks if necessary on the back). <; oL::;~ ~~:~:~ ~r1: 3 my name and :~:~-:~~!J'~:~:·~) -~~'.---~~Ut~~~~~~~~:~ STATE OF VIRGINIA, COUNTY OF__ _Ro_Gkin.gb .~~~~--- --, To-wit. The undersigne d hereby cert!fles that_ ___ _c!..!_Jr_! __Ig.n_g____ _____ ___________ _________ _ 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, this____ ;l._'1'.~)l_____ ____ day oL]~")>:F_'!J]._T;i[__ J;{;3<i'to . ~~~].E ~: ---4< _~ 21~ �..___,,I county: Rook:ingha:m District: vtonewall ( '1249 J. King 1. Acreage Claimed: 45 or60 .ssesoed 116.90 acres Value Claimed: Location: Lars: Soil : -- 2500. ~3010.00 Deed (no fiold sheet) " : Arec. 70 A . Betueon :rile Run ,and two rnile Run near Rook Bar. r:! his tract is partly insido and partly outnide of the park area . 1 .3lo... o. Roads: 2 miles over county roud to island Ford . His tory: 11 merchnntablo timber hn.o been rcmov ~d fror:i this trnot• Imnrovements: Timber: :i-one . Fuel wood 350 ods. ?5¢ per ed. ---- - ----- ~262 . 50 Value of land by typos: ~ •.1 lope Value · per acre oreaae. ?O Total vclue of land 4. oo 280 . 00 Total v___ lue of improveir.ent Total value of timber 20~ .oo Total va ue of tract 542.50 .verage value per o.ore ?.?5 Total Value i/l'280 . 00 �County: District: #249- King, J. N w. Joseph b . Car r i ckhoff Howard' Raines .. • h . ; . LEGEND: Slope Sea.le - l":: 20 cha.ins Rockingham Stonowall � 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 Hopkins, EB - Lam, EE & EC Identifier An unambiguous reference to the resource within a given context king-j-w.pdf Title A name given to the resource King, J. W. Publisher An entity responsible for making the resource available Rockingham County Circuit Courthouse Description An account of the resource Location: Between Mile Run and Two Mile Run near Rock Bar 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): 249 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 King