1990
Commonwealth Transp. Comm’r v. Powers
Virginia Circuit Court
19 Va. Cir. 174
At just compensation trial, nine commissioners were subpoenaed, but only seven appeared. Both sides agreed to use the list of seven present and exercise one strike to a panel of five. Landowner later moved for mistrial, which was denied. Although condemnation procedural statues were to be strictly construed, both parties could waive strict compliance, and court held that was what occurred.
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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