1927
Cantrell v. Appalachian Power Co.
Supreme Court of Virginia
148 Va. 431, 139 S.E. 247
Landowner entered into contract with Power Company to convey easement for power transmission lines and to be paid for any damage during construction. After completion, landowner brought suit for breach of contract, claiming diminution in the value of her land due to the presence of the power lines. Jury only awarded compensation for physical damage and trial court entered judgment. Supreme Court affirmed. Landowner could not seek what might have been available in a condemnation proceeding, as she was bound by the terms of the contract.
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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