1960

Brown v. May

Supreme Court of Virginia

202 Va. 300, 117 S.E.2d 101

Commissioner sought to condemn 29 parcels of land owned by 75 persons for road improvement. Commissioners filed a single report listing compensation and damages for each individual parcel. Landowners filed exceptions to the report alleging that it was improper to join all the tracts of land in one proceeding. Trial court overruled exceptions and affirmed awards. Supreme Court affirmed with some modifications to correctly show some easements as temporary construction easements. Statute in effect at that time authorized a joinder in one petition of owners of distinct parcels of land. It was within the sound discretion of the trial court whether petitions filed by the Commissioner to condemn lands for the same project were tried separately or together. There was no evidence of abuse of discretion or prejudice to the parties. Further, there was nothing in the record to show that the commissioners proceeded on erroneous principles, or that they were biased, prejudiced or corrupt in their duties.

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