1913
Burger v. State Female Normal School
Supreme Court of Virginia
114 Va. 491, 77 S.E. 489
School, an institution chartered under the laws on the Commonwealth, sought to condemn land in Farmville. Commissioners awarded $2,300 for the land taken and trial court confirmed report. Landowner appealed on basis that dwelling house that was taken was not subject to being condemned. Supreme Court affirmed. The statute in effect at that time stated generally that no dwelling house in a city or town could be taken. However, a later clause gave state educational institutions the power to condemn any building, which included a residential dwelling house.
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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