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Fairfax County Road Petitions, 1844-1908, Fairfax Circuit Court Historic Records Center
Permanent Records of Fairfax Circuit Court.
Fairfax County was founded in 1742 from the northern part of Prince William County. Public transportation was, and continues to be, vital to Fairfax County's economy. Using the Code of Virginia, one can better understand how roads were authorized and developed.
Prior to the Byrd Road Act of 1932, roads were authorized by the court, and in the early 20th century, the Board of Supervisors. According to Chapter LII of the 1860 Virginia Code, once a person applied for a county road to be opened or changed, the court proceeded by appointing road commissioners and otherwise ascertaining the practicality and usefulness of the proposed road, the benefit to the community and individual, and any damages to surrounding property. To establish any one road, no more than one acre could be taken from a single individual. The road proposed is usually identified as being the road from "Point A" to "Point B," the points being known areas of interest, i.e. mills, churches, stores, dams, turnpikes, and so on.
First, the circuit court received an application for a county road, usually from an individual with anywhere between one and upwards of 30 fellow petitioners. The court then directed one or more of the county's road commissioners to view the proposed land for the road and its surroundings and then report on the conveniences and inconveniences to both individuals and the public - especially if any yard, garden, or orchard needed to be taken for the proposed road. The commissioner's job was to report facts and circumstances that would help the court determine the expediency of establishing or altering the county road. The commissioner(s) could also offer their opinion either in favor of or against the proposed road and suggest alternate routes. A map, plat, or diagram had to accompany the road commissioner(s) report, and if the commissioner was not a surveyor, one had to be procured.
Citizens could also apply to discontinue a road, though it was far rarer. To do so, the person had to publish a notice of the intended application on the first day of the county court's term at the county courthouse door and in two public places in the neighborhood.
After it received all the reports and other evidence, the court then determined whether the road would be established or altered as proposed and who would maintain it.
Once the court received the commissioner's report, provided it was favorable to the proposed road, the court summoned the proprietors and tenants of the lands affected by the proposed road. Once the sheriff executed the summons, the court determined the matter of the road without a writ of ad quod damnum if the court had enough funds for a just compensation and if the proprietors and tenants accepted the compensation. (A writ of ad quod damnum is a law term from the English chancery ordering the sheriff to determine what damages a certain act will incur). But if any proprietor or tenant wished for a writ or the court saw good cause for it, the court awarded it. The writ of ad quod damnum commanded the sheriff to summon a jury of twelve freeholders to meet on the proprietors' and tenants' lands, view them, and ascertain a just compensation for the land damages. The jury also ascertained if the proposed road was one of more private convenience and, accordingly, if a lesser compensation was appropriate.
Once the court received the commissioner's report, provided it was favorable to the proposed road, the court summoned the proprietors and tenants of the lands affected by the proposed road. Once the sheriff executed the summons, the court determined the matter of the road without a writ of ad quod damnum if the court had enough funds for a just compensation and if the proprietors and tenants accepted the compensation. (A writ of ad quod damnum is a law term from the English chancery ordering the sheriff to determine what damages a certain act will incur). But if any proprietor or tenant wished for a writ or the court saw good cause for it, the court awarded it. The writ of ad quod damnum commanded the sheriff to summon a jury of twelve freeholders to meet on the proprietors' and tenants' lands, view them, and ascertain a just compensation for the land damages. The jury also ascertained if the proposed road was one of more private convenience and, accordingly, if a lesser compensation was appropriate.
This collection starts in 1844 and ends in 1908. The bulk of the collection is concentrated from 1867 through 1890, with a particularly prominent concentration from 1886 through 1890. No records from 1859 through 1865 exist. Likewise, no road petition records exist prior to 1844 - both gaps in chronology are likely due to military activity during the Civil War. The Library of Virginia identifies Fairfax County as a "Lost Records Locality," meaning this locality suffered significant losses of early records due to military action. Our records end in 1908 because the law changed in 1909, shifting responsibility for road petitions to the county's Board of Supervisors.
Most road petition folders include court summons and/or the original petition. These petitions usually include original signatures. Many also include reports from district road commissioners, plats, and letters of correspondence to the court. The reports from the road commissioners and the court summons are the most common documents, while the plats and letters are slightly rarer.
In addition to the main petitioner, month and year of the petition, and the road in question, each folder notes any additional petitioners if applicable and neighbors around the proposed road. The neighbors are particularly useful to see who lived near who, and how that changed over time. Some neighbor listings note someone's heirs, which indicates the property owner is deceased and their heirs owned the property. If a plat is included, it is noted on the folder and in the index.
One person of note from this collection is Margaret Hetzel. Her name appears in eight road petitions either as a main petitioner, an additional petitioner, or a neighbor. She appears to have been very active in the Fairfax community, even into her old age as her health declined and kept her from appearing in court. Her main concern in these road petitions was road safety. In several of the cases, she wrote directly to the judge urging him to grant the road petition because the existing road or route was unsafe. She expressed concern over a very high hill, decaying bridges, and deeply rutted roads. And in road cases in 1892, 1893 and 1897, she freely gave her land and did not claim any damages. She seems to have been a woman committed to improving her community and far more involved in doing so than we might expect for the average 19th century woman.
The collection is arranged chronologically by the year the petition was made, and then alphabetically by the main petitioner within each year.
Unnamed
Stone's Old Mill Road
Unknown