1927

Fonticello Mineral Springs Co. v. Richmond


Supreme Court of Virginia
147 Va. 355, 137 S.E. 458
 

City sought to condemn twelve acres of land for park and playground purposes. Commissioners set just compensation at $30,000 and trial court confirmed report. Landowner appealed on several grounds and Supreme Court affirmed. Court held that there had been a bona fide but ineffectual offer of purchase, and that the commissioners had been correctly instructed to award the fair market value of the land in view of all the purposes to which it was reasonably and naturally adapted, but to not consider speculative future use or lost profits. As the evidence of just compensation was in conflict, the Court would not set aside the findings unless the commissioners proceeded on erroneous principles, or the award was so grossly inadequate as to show prejudice or corruption.

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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