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U.S. v. BLACKMAN

Record No. 042404.

613 S.E.2d 442 (2005)

270 Va. 68

UNITED STATES of America v. Peter F. BLACKMAN.

Supreme Court of Virginia.

June 9, 2005.

Attorney(s) appearing for the Case

Julie C. Dudley, Assistant United States Attorney (John L. Brownlee, United States Attorney; Anthony Conte, on briefs), for plaintiff.

David B. Franzen (Michael E. Derdeyn; Feil, Pettit & Williams, on brief), Charlottesville, for defendant.

Amici Curiae: Historic Green Springs, Inc.; Association for the Preservation of Virginia Antiquities; The Chesapeake Bay Foundation, Inc.; Historic Richmond Foundation; National Trust for Historic Preservation in the United States; The Nature Conservancy; Piedmont Environmental Council; The Waterford Foundation in Support of the United States of America (Rae H. Ely; George Clemon Freeman, Jr.; Timothy G. Hayes; Christopher T. Albert; Hunton & Williams, on brief), in support of appellant.

Present: All the Justices.

KOONTZ, Justice.

Pursuant to Article VI, Section 1 of the Constitution of Virginia and our Rule 5:42, the United States District Court for the Western District of Virginia ("district court"), by its order entered October 21, 2004, certified to this Court the following questions of law:

A. In Virginia in 1973, would a conveyance of a negative easement in gross by a private property owner to a private party for the purpose of land conservation and historic...

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