1832
Commonwealth v. Beeson
Supreme Court of Virginia
30 Va. 821
Highway was washed away by the Ohio River. Landowner was indicted for nuisance because she would not move her fence which divided her land from the highway, as fence marked where her land was. Defendant was expected to move her fence to allow more land to be taken to fix the road. Trial court sent case to Supreme Court to resolve questions of law. Supreme Court held nuisance action was attempt to take her land without condemnation or compensation. Landowner was not obligated to move her fence and Commonwealth had to institute proper condemnation proceeding to acquire more land for road.
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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