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Pending Research
Research Inquiry from Piper/Rudnick re: Mettiki Coal Co. Tunnel Under the Potomac
possibly associated with the Allegany County patent Elk Garden (Note: Elk Garden now lies in Garrett County). Inquiry initiated by lawyers: Ed Levin, Bob Douglas, and William R. Truitt. Other researchers for Piper Rudnick may include John Dowling and his assistant, Colin.
Richard Richardson brought to my attention that lawyers from the aforementioned firm would be visiting the Archives on Saturday, August 24th, to reveiw various land record documents and suggestions for research on Allegheny County. He mentioned that he and Dave Shackelford had accumulated some volumes and maps on a cart that should be made available to the lawyers when they arrive. Submitted by CH 2002/08/23
Research sheet note #1
Research sheet note #2
Research results (JH, DS, RHR, ECP)
Tentative suggestions:
The deeds as submitted by DOE to the Archives, the patent records, and additional title search by staff indicates that the titles to the land from which the proposed tunnel is to commence is traceable back to Elk Garden. A relative mapping of Elk Garden based upon the calls in the Patent, a relative mapping of the deeds submitted, and an examination of the patents adjacent that border the river suggest that that Elk Garden does not encompass the river (except possibly via an indeterminate closure line) and that the river bed in this portion of the Northern Branch of the Potomac remains State of Maryland property. In order for this tentative conclusion to be confirmed, the patent to Elk Garden would need to be accurately surveyed according to historically established points and lines in and on the ground and subject to the review of either the Circuit Court or the Commissioner of Land Patents (via a patent application). ecp/jh/ds, 08/30/2002; (see MSA REF: MSA SC 5458-25-383
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