1960

Dillon v. Davis

Supreme Court of Virginia

201 Va. 514, 112 S.E.2d 137

Commissioner was condemning land for highway purposes. Trial court ruled that petitions had sufficient information on lands to be taken to proceed, and that a bona fide but ineffectual offer to purchase lands had been made. Although five potential freeholders were present, one was dismissed and only four were sworn to hear the case. Supreme Court held that the petitions were sufficient, but reversed and remanded because the statute in effect at that time required five commissioners to compose the commission. Statutes conferring the power of eminent domain were to be strictly construed and the authority conferred by the statutes must be exercised in the manner provided by law.

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