1969

Campbell v. State Highway Comm’r

Supreme Court of Virginia

209 Va. 509, 165 S.E.2d 281

Landowners had easement over neighbor’s land for exclusive use of spring. Commissioner condemned neighbor’s lands, including the spring. Commissioner filed petitions to determine just compensation for taking of easement. Commissioner asserted that landowners agreed to settle case by Commissioner making city water available at its cost. Landowners denied such agreement. Landowners sought compensation for loss of spring access. Trial court ruled that commissioners could only consider damage to residue and not value of taking. Supreme Court reversed and remanded. The spring was property and the easements were property rights. Private property shall not be taken for public use without just compensation. There was insufficient evidence to show any agreement that providing city water was compensation for the taking of the easement.

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