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UNITED STATES v. 198.73 ACRES OF LAND, MORE OR LESS

Nos. 85-2332(L), 86-3801.

800 F.2d 434 (1986)

UNITED STATES of America, Plaintiff, v. 198.73 ACRES OF LAND, MORE OR LESS, IN LOUDOUN COUNTY, VIRGINIA, et al., Defendants, v. COMMONWEALTH OF VIRGINIA, Appellee, v. The widow, widowers, HEIRS, devisees, and successors in title OF FAIRFAX, George Wm., et al., Appellants. UNITED STATES of America, Plaintiff, v. 198.73 ACRES OF LAND, MORE OR LESS, IN LOUDOUN COUNTY, VIRGINIA, et al., Defendants, v. COMMONWEALTH OF VIRGINIA, Appellant, v. The widow, widowers, HEIRS, devisees and successors in title OF FAIRFAX, George Wm., et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 15, 1986.

Attorney(s) appearing for the Case

Frederick D. Greco (Edward F. Greco on brief) for appellant/cross appellee.

Stephen C. Price, Escheator for Loudoun County (Perkins, Price & Zimmerman on brief) for appellee/cross appellant.

Before HALL and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

WILKINSON, Circuit Judge:

The Commonwealth of Virginia and the heirs of Ferdinando Fairfax claim competing interests in the proceeds of the condemnation by the United States of a piece of land in Loudoun County. The determination of entitlement turns on whether all or part of the property is subject to escheat. Under the Virginia law of escheats, Va.Code § 55-168 to § 55-201.1, the Commonwealth is entitled to property if there are no known heirs, or if the...

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