1965

Ellis v. Comm’r of Dep’t of Mental Hygiene & Hospitals

Supreme Court of Virginia

206 Va. 194, 142 S.E.2d 531

Commissioner filed an eminent domain proceeding to obtain a portion of landowners’ property, which property included a cement block manufacturing plant. Health Commissioner, representing the Department, asked to be made a party to the proceeding, as block plant was actually on land of Southwestern State Hospital, a State agency. The commissioners awarded $35,300 for the block plant, which was paid into court. The lower court directed the money be paid to the Department as the actual owner of the block plant, and landowners appealed. Supreme Court affirmed. As the Department owned the land upon which the plant was built, and the plant having been constructed without authority or consent of the freeholder, and having been affixed to the freehold, the funds were the Department’s.

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