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.
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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