1921

Bd. of Supervisors v. Proffit

Supreme Court of Virginia

129 Va. 9, 105 S.E. 666

County sought to take land to construct roadway, and filed petition in the trial court. Commissioners awarded $500 for the take and $500 for damage to the residue. Before the court could rule on the report, the Board ordered viewers to observe the land and make a report. Board then moved to dismiss condemnation petition and appointed commissioners to determine just compensation as allowed by statute then in effect. Landowners sought injunction from trial court which was granted, and which was later enlarged into a permanent injunction, requiring Board to conclude condemnation in the original proceeding or abandon the project. Supreme Court reversed. There were two statutory methods for the Board to use eminent domain for establishing public roads: one in court and one before the Board. The dismissed petition was a final judgment and any effort to reinstate it was invalid. The Board, having properly dismissed its first action, exercised an option clearly conferred by statute.

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