1927

Hannah v. Roanoke

Supreme Court of Virginia

148 Va. 554, 139 S.E. 303

City wanted to build bridge over railroad tracks and river. Abutting landowners objected, asserting that a municipality could not ascertain by condemnation any consequential damages to abutting landowners by change of street grade where no property was taken. Landowners also argued that all the affected landowners could not be joined in one proceeding. The trial court overruled the landowners and approved awards of $3500 to one and $1,730 to another. Landowners objected that the awards were grossly inadequate, but court approved the amounts. Supreme Court affirmed. Under the Constitution of Virginia and statutes in effect at that time, it was specifically provided that condemnation proceedings could assess compensation for property not taken but damaged. Further, the statutes did not prohibit a city from joining all affected landowners in one proceeding. There needed to be separate assessments, but one jury could set all assessments. Finally, the awards were not so inadequate as to evince a misunderstanding of principles of the case, prejudice or corruption. There was nothing to indicate any reversible error.

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