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(Continued from Page 1) authorized boundary (of Shenandoah Park) are still feasible for acquisition by any means."
However, Watts, in his legal opinion insists that “the 521.000 acre authorized boundary has continuing viability" based on legislative history relating to Shenandoah National Park.
Legal Under State Law
In addition to the questions of federal law relating to land exchange authorities. Watts notes that the issue was raised as to whether park lands proposed for exchange would revert to the commonwealth of Virginia if the exchange were implemented. He discounts this argument,
"When Congress enacted the legislation of 1926 establishing Shenandoah National Park, it clearly intended that the United States would acquire title to park lands in fee simple absolute," Watts maintains. He notes that Virginia condemned tracts of land and. together with land donated by private oi gant/ations, conveyed the land to the U.S. with “no ie\ci ter clauses or other limn at ions on title.”
flie deed of December 26, I934. transferring title from i he Commonwealth to the Cnited States carries a notation that the land is to be used "for park purposes.” Wan maintains that pioviston m the deed stating hat the property is to be used for a specific purpose will not result in the oration of a qualified tee...Therefore, in our view, he deed conveyed fee simple it le." he writes.
Watts notes that Virginia enacted a tatute on March 2b. 1936. that provided: “If i la United States shall cease io be the owner of any lands, or any part thereof, granted oi conveyed to it by the Commonwealth of Virginia, or if i he purposes of any such grant or conveyance to the United States shall cease, or it ilie United States shall for five consecutive years fail to use any such land for the purposes of the grant or conveyance, then, in that event, the right and title to such land, or such part thereof, shall immediately revert to the commonwealth ot Virginia." Transfer of park land from Virginia to the United States was consumatcd on December 16, 1935—three months before enactment of the reversion law. “Clearly,” maintains Watts, “the statute
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