1997
Commonwealth Transp. Comm’r v. Chadwell
Supreme Court of Virginia
254 Va. 302, 491 S.E.2d 723
Commonwealth sought a commission to determine the value of the land taken and any damage which could accrue as a result of the taking. Commonwealth desired to strike a prospective commissioner for cause, as he owned property directly across the street from the property in question, and had settled with the Commonwealth for his property in the same project. Trial court denied motion, and Commonwealth was forced to use preemptory strike. Supreme Court reversed. Prospective commissioner was not disinterested, and this could have affected a disinterested determination of values.
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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