Evening star., 1934-11-11
INJUNCTION ASKED
ON PARK CUSTER
Blue Ridge Land Owner At
tacks Validity of U. S.
Condemnation.
~ the Associated Press.

~ the Associated Press.
HARRISONBURG, Va, November
l0.-A petition for an injunction re-
straining the Virginia Commission on
Conservation and Development from
evicting Robert H. Via, Albemarle
County landowner, from his Blue
Ridge Mountain property condemned
for the Shenandoah National Park,
was presented before Judge John
Paul in United States District Court
here this afternoon.
The petition was presented by Will
liam J. Hughes, jr., associated with
William E. Leahy of Washington. The
petition infers that other landowners
may join in the proceedings.
Via is taking action in the United
States Court because he is a resident
Of Hershey. Pa He claims that his
154 acres, located in Sugar Hollow
near Blackjack, is worth over $4,000.
while the appraisal board allowed
only $3.50. He asserts he has made
an annual average profit of $4,000
on his 50-acre orchard of apples and
that the annual gross income from
his farm has been between $4,000
and $4,000.
Constituti0nality Of Act Hit.
The eunstitutionality OF the Vir-
ginia park condemnation act Is at
tackled as not giving the property
owners the right Of due process of law
and that under the unlimited pow
ers" the Federal Government might
take over the entire State of Virginia
and remove it as souvenir State of
the Union.
The bill recites that there is no as
surance the Federal Government will
perpetually maintain the area to be
presented by Virginia as a national
park, that the area might be opened
to homesteading and might be sold
at a profit, to the loss of the present
owner being removed.
The complaint sets forth also that
q petition for an injunction to re-
strain Harold L. Ickes, Secretary of
the Interior, from accepting the lands
has been presented in the Supreme
SOu1 VI lllC x1LoOL nv VA dllo
that the answer is returnable Novem-
Der IT. 1t is claimed that the Interior
Secretary, under the act of Congress,
does not have the authority to accept
the lands from the Federal Govern
ment under the means used by the
State of Virginia to acquire and pre-
sent them.
Via further claims that he received
no notice that his land was to be con-
demned, asserting that his name was
not listed among the landowners in
the legal notice given. He sets forth
that the tracts were listed by num-
bers, instead of giving metes and
bounds as in usual condemnation pro-
ceedings.
He sets forth further that he is be-
ing deprived of his land and means of
livelihood for the benefit of all the
people of the United States and not
fer the people of Virginia alone. This
contention is that Virginia Is con-
demning the park land for the use Of
the entire country.
Via says he has not been given no
tice of eviction, but that neighboring
PloPC1ty O"1ACAo 4A0NCy dkAh AAO CAkSCSoe
one in a few days. He insists that the
$4,000 judgment entered in the Abe
marie Circuit Court was made with
out him being represented and with
out any offer being made to him for
his land.
Last week AZ landowners in the
park who have not agreed to give up
their homes in the area were notified
that they would be given 10 days to
leave. Most Of the park residents will
have new homes in the subsistence
homesteads being provided by the
Government The first is now under
construction near Luray.
The petition asks, first, that a sub
poena be issued by the court to the
defendant and submit to jurisdiction
and to make answer to the bill OF
complaint. Second, that temporary
restraining order be issued against the
commission. Third, that hearing by
three judges should determine action
on an interlocutory injunction. And
fourth, that the park condemnation
act be declared unconstitutional.