1904

Heninger v. Peery

Supreme Court of Virginia

102 Va. 896, 47 S.E. 1013

Neighboring landowners instituted proceedings for the establishment of a public road over the lands of Heninger to access neighbors’ lands. Viewers were sent out and made report that just compensation for a road fifteen feet wide with gates was $100, but the residue would not be damaged in excess of the benefits accruing to Heninger by the establishment of the road. Trial court approved report, and Supreme Court reversed and remanded. This was not a taking of private property for a private use, as the road was unrestricted and open to all. However, Heninger did not receive adequate compensation. Rather than getting benefits from the road, Heninger suffered serious inconvenience and expense. The viewers’ conclusion of a benefit was erroneous and based on a false premise.

Back to Case Finder Main Page
Volume One Indexes:
To Case Name Index
To Topic Index
To Date Index
To Code Section Index