1927

Hannah v. Bd. of Supervisors


Supreme Court of Virginia
147 Va. 402, 137 S.E. 463
 

Board sent viewers to examine property taken from landowner and make report back to the Board. Viewers reported that just compensation was $1,575. Board confirmed report. Commonwealth’s Attorney sought to appeal award to circuit court as excessive and unreasonable. Trial court ruled that Commonwealth’s Attorney had no standing to appeal and dismissed proceeding. Supreme Court reversed and remanded. Under a statute in effect at that time, the Commonwealth’s Attorney had the duty to appeal to the circuit court an improper or unjust decision by the Board. Circuit court was to hear case de novo.

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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