1996

Accomack County Sch. Bd. v. Shields


Virginia Circuit Court
39 Va. Cir 411
 

School Board bought 53 acre farm from owner and recorded deed. Three weeks later Board filed petition against the owner to condemn same land, and requested quick entry on property to start school construction. A special appearance to contest jurisdiction was filed by Lane, who claimed an oral year-to-year tenancy to farm the acreage. Board denied such tenancy existed. Court denied motion to intervene and the petition against the owner, as Board already owned the property. If the Board sought to condemn the tenancy, statutory procedure needed to be followed, which could include bringing a separate condemnation petition to end the tenancy claim.

Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.


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