1838
James River & Kanawha Co. v. Turner
Supreme Court of Virginia
36 Va. 313
River Company initiated condemnation proceeding to take portion of landowner’s property for Company’s use. Assessors awarded no damages as a result of the taking. Trial court disaffirmed report and awarded damages. Supreme Court affirmed. The landowner was to be compensated for the full value of her property, and such value could not be offset by any speculative advantage of public improvement upon the land. To do otherwise would have been unconstitutional by taking private property for public use without just compensation.
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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