1959
Collins v. Pulaski County
Supreme Court of Virginia
201 Va. 164, 110 S.E.2d 184
Pulaski County was seeking condemnation of land to construct airport. Commissioners filed report and at the hearing on exceptions, landowners moved to set aside award because one of the commissioners had been previously asked by County to do the appraisals, although he was not able to do the work. Trial court confirmed award. Supreme Court reversed and remanded. Every precaution should be taken by the courts and commissioners to preserve public confidence in their findings. Court presumed prejudice from these circumstances. Court further held that offer to buy similar land by the County should not have been admitted, as there was no evidence it was not by way of compromise or free from compulsion.
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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