1964

Foster v. Bd. of Supervisors

Supreme Court of Virginia

205 Va. 686, 139 S.E.2d 65

For several years, the Fosters let neighbors drive over a portion of the Foster lands to be able to reach a public highway. Neighbors went to Board to make this private easement a permanent road. Board had driveway viewed and confirmed the report that for $300 compensation, there should be a 1200-foot-long, 40-foot-wide road across the Foster land for the private use of the neighbors. Fosters sought to enjoin the Board and neighbors from constructing the road. Trial court denied injunction and ordered the road. Supreme Court reversed and remanded with instructions. Taking private land for private use was not authorized by the statute in effect at that time and was otherwise unconstitutional.

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