1964
Legum v. Harris
Supreme Court of Virginia
205 Va. 99, 135 S.E.2d 125
Landowner believed that construction of nearby underpass had caused structural damage to his building. Landowner demanded Commissioner institute eminent domain proceedings to determine the damage. Commissioner refused. Landowner brought a writ of mandamus to force Commissioner into eminent domain proceedings. Trial court dismissed mandamus action. Supreme Court affirmed. Writ would only issue if there was a clear and specific legal right to be enforced or a duty to be performed. It was the landowner’s burden to prove the cause of the damage, and he could not recover based on conjecture or guesswork.
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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