1917

Forest View Land Co. v. Atl. Coast Line R.R. Co.


Supreme Court of Virginia
120 Va. 308, 91 S.E. 198
 

Land Company brought action against Railroad for the taking and damage to property. Company sought to recover for change in grade and location of road, which had limited the access to a thirty-acre tract of land.  Judgment was for the Railroad and Company appealed. Supreme Court affirmed. The predecessors in title to the Company’s land had deeded the land to the Railroad so the Railroad could expand its right of way six years earlier. The deed had expressly released all future damages obtainable by condemnation for the purchase consideration. The Company was precluded from claiming any compensation which fell within the fair interpretation of the release in the deed.

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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