1996

Commonwealth Transp. Comm’r v. Wee Folks Nursery, Inc.


Virginia Circuit Court
37 Va. Cir. 463
 

Valuation trial was held in 1993, and court set aside commissioners’ report as excessive, and ordered a new trial.  By the time of the second trial, the applicable statutes had changed, and the matter was now to be heard by commissioners drawn from a jury list kept by the jury commissioners. The landowner argued that the second trial was a continuation of the first, and that the case should be heard by commissioners chosen from a list submitted by the parties. The court held that the change was procedural, not substantive, and the landowner had no vested right to the old method.

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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