1929

Keys v. Shirley


Supreme Court of Virginia
153 Va. 461, 150 S.E. 401
 

Commissioner needed land for highway construction and paid $195 into court and took possession of land. At trial, commissioners awarded $1,950. The Commissioner filed exceptions to the report, which were continued for eighteen months and then withdrawn. Landowner moved to have judgment on award entered in his favor. Trial court overruled motion and dismissed case. Supreme Court reversed and remanded. Commissioner took land and completed construction. Landowner had never received compensation for the take. Commissioner never received title to the take. Trial court needed to conclude case because of the vested rights of both parties.

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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