1961

May v. Crockett

Supreme Court of Virginia

202 Va. 438, 117 S.E.2d 648

Commissioner condemned 0.27 acre of land for highway improvement. Commissioner objected to one of the proposed commissioners, who was a neighbor of the landowners and condemnation proceedings were pending against him as well. Trial court ordered him to serve. Commissioners returned award for $10,500. Trial court reduced that by $1,300 and affirmed award. Supreme Court reversed and remanded. Challenged commissioner was neither unbiased nor disinterested. Objection to him sitting should have been sustained.

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