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jections to the trade voiced by families whose land had been condemned for the Park back in the 1930’s carried particular weight with him.
In the past month those opposed to the land trade between the Park and Saddleback Associates uncovered federal and state law that appeared to prohibit exchanges of Park land. However, Jacobsen insisted on Wednesday that the proposed land swap was legal.
Opponents of the transaction have cited section 7.122 of the Virginia Code as amended by Chapter 211 of the 1976 Acts of the General Assembly. This section requires that property acquired by the Commonwealth for conveyance to the Park system must revert to State ownership should the property ceased to be used for Park purposes.
Retroactive Law
“Can a law be retroactive for 31 years?” asked Jacobsen in response to questions of legality based on the Virginia Code. He noted that land for Shenandoah National Park was given by the state to the federal government “with no strings attached”, adding that the deeds didn’t contain revisionary clauses. ‘‘The whole section of the Code (relating to Park land exchanges) was not processed until 31 years later,” he said.
Although land would have left the Park system without
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