1925

Charles v. Big Sandy & Cumberland R.R. Co.

Supreme Court of Virginia

142 Va. 512, 129 S.E. 384

Railroad filed petition to condemn portion of landowner’s property. Landowner responded that no bona fide but ineffectual effort was made to acquire the land by purchase as required by statute. Landowner sought hearing on the issue of jurisdiction, and trial court refused to grant hearing, but proceeded with appointing commissioners and trying the case. Supreme Court reversed and dismissed. Without first determining whether a bona fide offer was made by the railroad, the trial judge was without jurisdiction to entertain the petition and to appoint commissioners. The statutes conferring the power of eminent domain were to be strictly construed and must be carefully followed.

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