1912

Carson v. Richmond

Supreme Court of Virginia

113 Va. 527, 75 S.E. 119

City was condemning land that was subject to a long term lease. Both the lessor and lessee were parties to the proceeding. The Commissioners awarded $3,625 for the take, and further divided the award with $811.40 to the lessor and $2,813.60 to the lessee. Lessor objected to this division and trial court affirmed commissioners’ report. Supreme Court reversed and remanded. The commissioners had no authority to divide their award. The funds should have been paid into court by the condemnor and the court then had the responsibility to ascertain the rights and interests of the claimants in the funds and to make such disposition as seemed right.

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