1914
Honaker v. New River, Holston & W. R.R. Co.
Supreme Court of Virginia
116 Va. 662, 82 S.E. 727
During the hearing on just compensation for land needed to build railroad, the evidence failed to show that the Board of Directors had authorized the Railroad to condemn and acquire specific land of the landowner. Trial court affirmed commissioners. Supreme Court reversed and dismissed. Any determination of a legislative nature can only bind the corporation by a decision of its directors acting together as a board. Failure by the railroad’s board to authorize or ratify an extension of a line cannot support the use of eminent domain to obtain property for such extension.
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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